Prosecution Insights
Last updated: April 19, 2026
Application No. 17/431,754

HIGH-SPEED, DENTAL OPTICAL COHERENCE TOMOGRAPHY SYSTEM

Non-Final OA §103
Filed
Aug 18, 2021
Examiner
FABIAN JR, ROBERTO
Art Unit
2877
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Dental Imaging Technologies Corporation
OA Round
6 (Non-Final)
72%
Grant Probability
Favorable
6-7
OA Rounds
2y 5m
To Grant
99%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
86 granted / 119 resolved
+4.3% vs TC avg
Strong +28% interview lift
Without
With
+27.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
55 currently pending
Career history
174
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
67.1%
+27.1% vs TC avg
§102
18.0%
-22.0% vs TC avg
§112
9.9%
-30.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 119 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/03/2026 has been entered. Response to Arguments The examiner has carefully examined all the references to reject each claim. US20170023350A1 (hereinafter Balbas) teaches a generic multi-interferometer system wherein each interferometer system has its own detector. All the rest of the references are used to generally teach additional elements that can be added to Balbas, and they are, therefore, appropriate to combine. Claim Rejections - 35 USC § 103 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. 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. Claim(s) 1, 2, 3, 5, 6, 10, 11, 12, 13, 14, 17, 18, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US20170023350A1 (hereinafter Balbas) in view of US 20150162900 A1 (hereinafter Yamanari), and in view of US20140160488A1 (hereinafter Zhou), in view of US 20100255440 A1 (hereinafter Nakaji), in view of US 20080175465 A1 (Jiang), and further in view of US 8457440 B1 (hereinafter Johnson). Regarding claim 1, Balbas teaches a dental optical coherence tomography (OCT) scanning system for intraorally scanning a sample, the dental OCT system comprising: “a) a swept source laser configured to generate an output light having a range of light wavelengths” (fig. 2 element 202, para [0048]); c) “two or more optical channels, wherein each optical channel receives output light of the remainder of the output light from the splitter” (fig. 2 shows more than two interferometers 208-1 to 208-N, para [0050]; the splitter is element 206) and “provides a reference path and a sample path for the output light from the swept source laser” (para [0055]), “wherein each optical channel has a corresponding detector that is configured to provide an output signal according to combined light from the sample path and the reference path” (fig. 2 element 220, para [0056]). Balbas does not teach “b) a coupler receiving the output light directing a portion of the output light to a timing control circuit for the dental OCT system and a remainder of the output light to a splitter”; c) wherein the output signal for all of the two or more optical channels characterize back-reflected or back-scattered light returned from the sample path over a same plurality of depths below a sample surface; d) a handheld probe comprising a scanning reflector that is configured to simultaneously direct sample path output light from each of the two or more optical channels toward the sample surface and to direct the light returned from the sample to the corresponding sample path and detector while being moved intraorally; e) a processor that is in signal communication with the detector for each optical channel and that is configured to record and store results from the output signal received from each detector and f) a back-scattering, reflective, or diffusive reference feature disposed at a fixed position in the handheld probe and in the sample path within a field of view of each of the two or more optical channels of the dental OCT system. Yamanari, from the same field of endeavor as Balbas, teaches b) a coupler (Fig. 1 element 11 is the coupler) receiving the output light directing a portion of the output light to a timing control circuit for the OCT system (Fig. 1 element 100 is the timing control circuit) and a remainder of the output light to a splitter” (Fig. 1 the other elements receive the lights from element 21); Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Yamanari to Balbas to have b) a coupler receiving the output light directing a portion of the output light to a timing control circuit for the OCT system and a remainder of the output light to a splitter” in order to lower the noise in the signal (para [0014] last sentence). Note that Yamanari is proper to combine with Balbas because element 100 of Yamanari is an additional element which can be implemented to Balbas device. Balbas, when modified by Yamanari, fails to disclose b) a dental OCT system; c) wherein the output signal for all of the two or more optical channels characterize back-reflected or back-scattered light returned from the sample path over a same plurality of depths below a sample surface; d) a handheld probe comprising a scanning reflector that is configured to simultaneously direct sample path output light from each of the two or more optical channels toward the sample surface and to direct the light returned from the sample to the corresponding sample path and detector while being moved intraorally; e) a processor that is in signal communication with the detector for each optical channel and that is configured to record and store results from the output signal received from each detector and f) a back-scattering, reflective, or diffusive reference feature disposed at a fixed position in the handheld probe and in the sample path within a field of view of each of the two or more optical channels of the dental OCT system. Zhou, from the same field of endeavor as Balbas, teaches b) a dental OCT system (the sample can be a tooth; para [0075] lines 3-5); “c) wherein the output signal for all of the two or more optical channels characterize back-reflected or back-scattered light returned from the sample path over a same plurality of depths below a sample surface” (this is shown in fig. 4, the signals from the sample are returned via the optical fibers 175; fig. 7 the depths is about 8.3 µm, para [0087] lines 30-38); “d) a probe comprising a scanning reflector that is configured to simultaneously direct sample path output light from each of the two or more optical channels toward the sample surface and to direct the light returned from the sample to the corresponding sample path and detector” (fig. 4 element 200, para [0067] lines 1-4; note Balbas teaches the corresponding detector). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Zhou to Balbas, when modified by Yamanari, to have b) a dental OCT system; “c) wherein the output signal for all of the two or more optical channels characterize back-reflected or back-scattered light returned from the sample path over a same plurality of depths below a sample surface”; “d) a probe comprising a scanning reflector that is configured to simultaneously direct sample path output light from each of the two or more optical channels toward the sample surface and to direct the light returned from the sample to the corresponding sample path and detector” in order to apply the device in a sample that is not flat (para [0075] lines 3-8). Balbas, when modified by Yamanari and Zhou, does not teach “d) a handheld probe and while being moved intraorally”; e) a processor that is in signal communication with the detector for each optical channel and that is configured to record and store results from the output signal received from each detector and f) a back-scattering, reflective, or diffusive reference feature disposed at a fixed position in the handheld probe and in the sample path within a field of view of each of the two or more optical channels of the dental OCT system. Nakaji, from the same field of endeavor as Balbas, teaches d) a handheld probe and while being moved intraorally” (fig. 6 is a handheld probe for examining the surfaces of teeth; the optical fibers 52 can be connected to the corresponding optical fibers of 212 in fig. 2 of Balbas device). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Nakaji to Balbas, when modified by Yamanari and Zhou, to have d) a handheld probe and while being moved intraorally” in order to perform the dental diagnosis in a short time (para [0043] last sentence). Balbas, when modified by Yamanari, Zhou, and Nakaji, e) a processor that is in signal communication with the detector for each optical channel and that is configured to record and store results from the output signal received from each detector and f) a back-scattering, reflective, or diffusive reference feature disposed at a fixed position in the handheld probe and in the sample path within a field of view of each of the two or more optical channels of the dental OCT system. Jiang, from the same field of endeavor as Balbas, teaches e) a processor that is in signal communication with the detector for each optical channel and that is configured to record and store results from the output signal received from each detector (fig. 15 elements 1540, 1550 and 1455, para [0059]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Nakajing to Balbas, when modified by Yamanari, Zhou, and Nakaji, to have e) a processor that is in signal communication with the detector for each optical channel and that is configured to record and store results from the output signal received from each detector in order to process the data and construct multi-dimensional images of the sample (para [0066] claim 1 lines 14-16). Balbas, when modified by Yamanari, Zhou, Nakaji, and Jiang, does not teach f) a back-scattering, reflective, or diffusive reference feature disposed at a fixed position in the handheld probe and in the sample path within a field of view of each of the two or more optical channels of the dental OCT system. Johnson, from the same field of endeavor as Balbas, teaches “f) a back-scattering, reflective, or diffusive reference feature disposed at a fixed position in the handheld probe and in the sample path within a field of view of each of the two or more optical channels of the dental OCT system” (fig. 2 element 348, col 2 lines 35-49). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Johnson to Balbas, when modified by Yamanari, Zhou, Nakaji, and Jiang, to have “f) a back-scattering, reflective, or diffusive reference feature disposed at a fixed position in the handheld probe and in the sample path within a field of view of each of the two or more optical channels of the dental OCT system” in order to generate a background image and use this background image to produce a high resolution image (col 1 lines 14-25). Regarding claim 2, Balbas does not teach the dental OCT system of claim 1, further comprising a camera for detecting movement of the probe or obtaining color information related to the sample. Zhou, from the same field of endeavor as Balbas, discloses a camera for detecting movement of a probe or obtaining color information related to the sample (Fig. 15 element 406 or 2D camera; para [0106] lines 5-11). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply Zhou to Balbas to have the dental OCT system of claim 1, further comprising a camera for detecting movement of a probe or obtaining color information related to the sample in order to allow long imaging range of the OCT system (para [0106] last sentence). Regarding claim 3, Balbas does not teach the dental OCT system of claim 1, wherein the processor is further configured to reconstruct a sample 2D section or 3D volume from stored output signal results. Zhou, from the same field of endeavor as Balbas, teaches the dental OCT system of claim 1, wherein the processor is further configured to reconstruct a sample 2D section or 3D volume from stored output signal results (para [0021]; this also implies Fig. 4 produces a 3D image). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Zhou to Balbas to have the dental OCT system of claim 1, wherein the processor is further configured to reconstruct a sample 2D section or 3D volume from stored output signal results in order to obtain the image of the sample at a faster rate (para [0006] lines 1-3). Regarding claim 5, Zhou discloses the dental OCT system of claim 1, further comprising an optical fiber array that is configured to distribute the output light from the swept-source laser light to the two or more optical channels (fig. 2 elements 207 are optical fibers). Regarding claim 6, Balbas does not teach the dental OCT system of claim 5, wherein the optical fiber array is a 1-D or 2-D array Zhou discloses the dental OCT system of claim 5, wherein the optical fiber array is a 1-D or 2-D array (para [0071] lines 1-5). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Zhou to Balbas to have the dental OCT system of claim 5, wherein the optical fiber array is a 1-D or 2-D array in order to deliver the split light to each interferometer channel (this is shown in fig. 4). Regarding claim 10, Balbas does not teach the dental OCT system of claim 1, wherein detection of the reference feature is used to compensate for an optical path length difference between each channel. Regarding claim 11, Balbas does not teach the dental OCT system of claim 1, wherein detection of the reference feature is used to monitor an intensity change of each channel and compensate for an intensity variation accordingly. Regarding claim 12, Balbas does not teach the dental OCT system of claim 1, wherein detection of the reference feature is used to monitor a status of the swept source laser or the dental OCT system. Regarding claim 13, Balbas does not teach the dental OCT system of claim 1, wherein detection of the reference feature is used to remove artifacts from the light returned from the sample. Regarding claim 14, Balbas does not teach the dental OCT system of claim [[9]] 1, wherein a signal indicating detection of the reference feature is used in resampling an OCT signal into a linear wavenumber space. Johnson, from the same field of endeavor as Balbas, teaches the dental OCT system of claim 1, wherein detection of the reference feature is used to compensate for an optical path length difference between each channel (col 3 lines 57-64; the mean block is part of the image processing of the device; thus, it compensates for an optical path length difference, see fig. 4A and Fig. 4B), the dental OCT system of claim 1, wherein detection of the reference feature is used to monitor an intensity change of each channel and compensate for an intensity variation accordingly (figs. 4A-B shows how the mean block monitor an intensity change of each channel and compensate for an intensity variation accordingly), the dental OCT system of claim 1, wherein detection of the reference feature is used to monitor a status of the swept source laser or the dental OCT system (col 4 lines 17-34), the dental OCT system of claim 1, wherein detection of the reference feature is used to remove artifacts from the light returned from the sample (fig. 4B shows less artifacts than fig. 4A), and the dental OCT system of claim [[9]] 1, wherein a signal indicating detection of the reference feature is used in resampling an OCT signal into a linear wavenumber space (col 5 lines 48-57; Fourier transform involve in linear wavenumber space). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Johnson to Balbas, when modified by Yamanari, Zhou, Nakaji, and Jiang, to have the dental OCT system of claim 1, wherein detection of the reference feature is used to compensate for an optical path length difference between each channel, the dental OCT system of claim 1, wherein detection of the reference feature is used to monitor an intensity change of each channel and compensate for an intensity variation accordingly in, the dental OCT system of claim 1, wherein detection of the reference feature is used to monitor a status of the swept source laser or the dental OCT system, and the dental OCT system of claim [[9]] 1, wherein a signal indicating detection of the reference feature is used in resampling an OCT signal into a linear wavenumber space order to produce a high resolution image (col 1 lines 14-25, fig. 4B). Regarding claim 17, Balbas teaches the dental OCT system of claim 1, wherein the sample path in each optical channel comprises a plurality of optical fibers (para [0032] lines 11-13). Regarding claim 18, Balbas does not teach the dental OCT system of claim 1, wherein the sample path for the two or more optical channels are spaced apart on the sample surface to form 1D or 2D arrays of scanned regions. Zhou teaches the dental OCT system of claim 1, wherein the sample path for the two or more optical channels are spaced apart on the sample surface (Fig. 4 shows S1..n are spaced apart) to form 1D or 2D arrays of scanned regions (para [0035] second to the last sentence). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Zhou to Balbas to have the dental OCT system of claim 1, wherein the sample path for the two or more optical channels are spaced apart on the sample surface to form 1D or 2D arrays of scanned regions in order to obtain the image of the sample at a faster rate (para [0006] lines 1-3). Regarding claim 19, Balbas does not teach the dental OCT system of claim 1, wherein corresponding optical path lengths in the reference path and the sample path of the two or more optical channels differ for scanning different imaging ranges. Zhou teaches the dental OCT system of claim 1, wherein corresponding optical path lengths in the reference path and the sample path of the two or more optical channels differ for scanning different imaging ranges (para [0091] lines 1-11; para [0087] lines 30-33). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Zhou to Balbas to have the dental OCT system of claim 1, wherein corresponding optical path lengths in the reference path and the sample path of the two or more optical channels differ for scanning different imaging ranges in order to obtain the image of the sample at a faster rate (para [0006] lines 1-3). Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Balbas in view Yamanari, Zhou, Nakaji, Jiang, and Johnson, as applied to claim 1 above, and further in view of Frisken, S. T., US 20170363415 A1 (hereinafter Frisken). Regarding claim 4, the modified device of Balbas does not teach the dental OCT system of claim 1, wherein the scanning reflector is a MEMS reflector. Frisken, from the same field of endeavor as Balbas, discloses the system of claim 1, wherein the scanning reflector is a MEMS reflector (Fig. 15 para [0117] lines 7-9). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Frisken to the modified device of Balbas to have the system of claim 1, wherein the scanning reflector is a MEMS reflector in order to project the beam onto additional region of the sample (para [0117] lines 7-9). Claim(s) 7, 8, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Balbas in view Yamanari, Zhou, Nakaji, Jiang, and Johnson, as applied to claim 1 above, and further in view of Wang, Hui, Yinsheng Pan, and Andrew M. Rollins. "Extending the effective imaging range of Fourier-domain optical coherence tomography using a fiber optic switch." Optics letters 33.22 (2008): 2632-2634 (hereinafter Wang). Regarding claim 7, the modified device of Balbas does not teach the dental OCT system of claim 1, further comprising an optical switch that directs the output light within an optical channel, wherein a first position of the optical switch directs the output light over a first optical path length and a second position of the optical switch directs the output light over a second optical path length that is shorter than the first optical path length. Regarding claim 8, the modified device of Balbas does not teach the dental OCT system of claim 1, further comprising an optical switch that directs the output light to a first or a second optical channel. Wang, from the same field of endeavor as Balbas, teaches the system of claim 1, further comprising an optical switch (Fig. 1 element “SW”) that directs the output light within an optical channel (Fig. 1 description “Two reference arms”), wherein a first position of the optical switch directs the output light over a first optical path length (one of the “Two reference arms” in Fig. 1) and a second position of the optical switch directs the output light over a second optical path length (the other of the “Two reference arms” in Fig. 1) that is shorter than the first optical path length (the reference arm with M1 is shorter that with M2). Also, Wang discloses further comprising an optical switch that directs the output light to a first or a second optical channel (this is shown in Fig.1, the SW directs the light in the “Two reference arms”, p. 1 col 2 para 2 lines 3-6). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Wang to the modified device of Balbas to have the dental OCT system of claim 1, further comprising an optical switch that directs the output light within an optical channel, wherein a first position of the optical switch directs the output light over a first optical path length and a second position of the optical switch directs the output light over a second optical path length that is shorter than the first optical path length and the dental OCT system of claim 1, further comprising an optical switch that directs the output light to a first or a second optical channel in order to extend the effective imaging range of the OCT (Abstract lines 2-3). Regarding claim 16, the modified device of Balbas does not teach the dental OCT system of claim 1, wherein each reference path is further configured as an adjustable optical delay line with a reflector or an optical stretcher. Wang, from the same field of endeavor as Balbas, teaches the dental OCT system of claim 1, wherein each reference path is further configured as an adjustable (Fig. 2 shows δx changes, which means it is adjustable) optical delay line with a reflector (Fig. 1 M1 and M2, p. 1 col 2 para 2 lines 1-3) or an optical stretcher. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Balbas to the modified device of Zhou to have the dental OCT system of claim 1, wherein each reference path is further configured as an adjustable optical delay line with a reflector or an optical stretcher in order to extend the effective imaging range of the OCT (Abstract lines 2-3). Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Balbas in view Yamanari, Zhou, Nakaji, Jiang, and Johnson, as applied to claim 1 above, and further in view of Tomatsu, N. et al., US 20160310002 A1 (hereinafter Tomatsu). Regarding claim 15, the modified device of Balbas does not teach the dental OCT system of claim 1, further comprising one or more polarization beam splitters disposed to provide polarization sensitive optical coherence tomography. Tomatsu, from the same field of endeavor as Balbas, teaches the dental OCT system of claim 1, further comprising one or more polarization beam splitters (Fig. 1 element 126, para [0037] line 12) disposed to provide polarization sensitive optical coherence tomography (Abstract lines 1-2). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Tomatsu to the modified device of Balbas to have the dental OCT system of claim 1, further comprising one or more polarization beam splitters disposed to provide polarization sensitive optical coherence tomography in order to capture information on polarization characteristics of a sample, like the eye (para [0001]). Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Balbas in view Yamanari, Zhou, Nakaji, and Johnson. Regarding claim 20, Balbas teaches a method for dental optical coherence tomography (OCT) for intraorally scanning a sample, the method comprising: “a) energizing a swept source laser to generate an output laser light having a range of light wavelengths” (fig. 2 element 202, para [0048]); b) to direct the remainder of the output laser light through two or more optical channels (fig. 2 shows more than two interferometers 208-1 to 208-N, para [0050]; the splitter is element 206), “wherein each optical channel has a reference path and a sample path for the output light from the swept source laser, wherein each optical channel has a corresponding detector that is configured to provide an output signal according to combined light from the sample path and the reference path” (fig. 2 sample arms are element 212, reference arms are element 214, detectors are element 220); d) for each optical channel, recording results from the output signal received from each detector (para [0056] lines 1-9). Balbas does not teach b) directing the output laser light through a coupler that directs a portion of the output laser light to a timing control circuit and a remainder of the output laser light to a splitter; and wherein the output signal for all of the two or more optical channels characterize back-reflected or back-scattered light returned from the sample path over a same plurality of depths below a sample surface; c) configuring a handheld probe comprising a scanning reflector to simultaneously direct sample path output light from each of the two or more optical channels toward the sample surface and to direct the light returned from the sample to the corresponding sample path and detector within the optical channel; e) reconstructing scanned portions of the sample according to the recorded results and displaying the reconstructed scanned portions; and f) detecting a reflecting, absorbing, or back-scattering reference feature disposed at a fixed position in the handheld probe and in the sample path within a field of view of each of the two or more optical channels and conditioning scan timing according to the detection of the reference feature. Yamanari, from the same field of endeavor as Balbas, teaches teach b) directing the output laser light through a coupler (Fig. 1 element 11 is the coupler) that directs a portion of the output laser light to a timing control circuit (Fig. 1 element 100 is the timing control circuit) and a remainder of the output laser light to a splitter (Fig. 1 the other elements receive the lights from element 21). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Yamanari to Balbas to have b) directing the output laser light through a coupler that directs a portion of the output laser light to a timing control circuit and a remainder of the output laser light to a splitter in order to lower the noise in the signal (para [0014] last sentence). Note that Yamanari is proper to combine with Balbas because element 100 of Yamanari is an additional element which can be implemented to Balbas device. Balbas, when modified by Yamanari, fails to disclose b) wherein the output signal for all of the two or more optical channels characterize back-reflected or back-scattered light returned from the sample path over a same plurality of depths below a sample surface; c) configuring a handheld probe comprising a scanning reflector to simultaneously direct sample path output light from each of the two or more optical channels toward the sample surface and to direct the light returned from the sample to the corresponding sample path and detector within the optical channel; e) reconstructing scanned portions of the sample according to the recorded results and displaying the reconstructed scanned portions; and f) detecting a reflecting, absorbing, or back-scattering reference feature disposed at a fixed position in the handheld probe and in the sample path within a field of view of each of the two or more optical channels and conditioning scan timing according to the detection of the reference feature. Zhou, from the same field of endeavor as Balbas, teaches b) wherein the output signal for all of the two or more optical channels characterize back-reflected or back-scattered light returned from the sample path over a same plurality of depths below a sample surface (this is shown in fig. 4, the signals from the sample are returned via the optical fibers 175; fig. 7 the depths is about 8.3 µm, para [0087] lines 30-38); c) configuring a probe comprising a scanning reflector to simultaneously direct sample path output light from each of the two or more optical channels toward the sample surface and to direct the light returned from the sample to the corresponding sample path and detector within the optical channel (fig. 4 element 200, para [0067] lines 1-4; note Balbas teaches the corresponding detector); and e) reconstructing scanned portions of the sample according to the recorded results and displaying the reconstructed scanned portions (fig. 8 shows the reconstruction image of the scan). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Zhou to Balbas, when modified by Yamanari, to have wherein the output signal for all of the two or more optical channels characterize back-reflected or back-scattered light returned from the sample path over a same plurality of depths below a sample surface; c) configuring a probe comprising a scanning reflector to simultaneously direct sample path output light from each of the two or more optical channels toward the sample surface and to direct the light returned from the sample to the corresponding sample path and detector within the optical channel; and e) reconstructing scanned portions of the sample according to the recorded results and displaying the reconstructed scanned portions in order to apply the device in a sample that is not flat (para [0075] lines 3-8). Balbas, when modified by Yamanari and Zhou, does not teach c) a handheld probe; and f) detecting a reflecting, absorbing, or back-scattering reference feature disposed at a fixed position in the handheld probe and in the sample path within a field of view of each of the two or more optical channels and conditioning scan timing according to the detection of the reference feature. Nakaji, from the same field of endeavor as Zhou, teaches c) a handheld probe (fig. 6 is a handheld probe for examining the surfaces of teeth; the optical fibers 52 can be connected to the corresponding optical fibers of 212 in fig. 2 of Balbas device). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Nakaji to Balbas, when modified by Yamanari and Zhou, to have c) a handheld probe in order to perform the dental diagnosis in a short time (para [0043] last sentence). Balbas, when modified by Yamanari, Zhou, and Nakaji, does not teach f) detecting a reflecting, absorbing, or back-scattering reference feature disposed at a fixed position in the handheld probe and in the sample path within a field of view of each of the two or more optical channels and conditioning scan timing according to the detection of the reference feature. Johnson, from the same field of endeavor as Zhou, teaches f) detecting a reflecting, absorbing, or back-scattering reference feature disposed at a fixed position in the handheld probe and in the sample path within a field of view of each of the two or more optical channels and conditioning scan timing according to the detection of the reference feature (fig. 2 element 348, col 2 lines 35-49). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Johnson to Balbas, when modified by Yamanari, Zhou, and Nakaji, to have “f) detecting a reflecting, absorbing, or back-scattering reference feature disposed at a fixed position in the handheld probe and in the sample path within a field of view of each of the two or more optical channels and conditioning scan timing according to the detection of the reference feature” in order to generate a background image and use this background image to produce a high resolution image (col 1 lines 14-25). Regarding claim 22, Balbas fails to teach the method of claim 20, further comprising suppressing one or more image artifacts according to the detection of the reference feature. Johnson, from the same field of endeavor as Balbas, teaches the method of claim 20, further comprising suppressing one or more image artifacts according to the detection of the reference feature (col 1 lines 59-62). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Johnson to Balbas, when modified by Yamanari, Zhou, and Nakaji, to have “the method of claim 20, further comprising suppressing one or more image artifacts according to the detection of the reference feature” in order to to produce a high resolution image (col 1 lines 14-25). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERTO FABIAN JR whose telephone number is (571)272-3632. The examiner can normally be reached M-F (8-12, 1-5). 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, KARA GEISEL can be reached at (571)272-2416. 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. /ROBERTO FABIAN JR/Examiner, Art Unit 2877 /Kara E. Geisel/Supervisory Patent Examiner, Art Unit 2877
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Prosecution Timeline

Aug 18, 2021
Application Filed
Feb 17, 2024
Non-Final Rejection — §103
Jun 20, 2024
Response Filed
Aug 29, 2024
Non-Final Rejection — §103
Dec 02, 2024
Response Filed
Jan 22, 2025
Final Rejection — §103
May 20, 2025
Request for Continued Examination
May 21, 2025
Response after Non-Final Action
Jun 02, 2025
Non-Final Rejection — §103
Sep 10, 2025
Response Filed
Sep 23, 2025
Final Rejection — §103
Mar 03, 2026
Request for Continued Examination
Mar 04, 2026
Response after Non-Final Action
Mar 17, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

6-7
Expected OA Rounds
72%
Grant Probability
99%
With Interview (+27.5%)
2y 5m
Median Time to Grant
High
PTA Risk
Based on 119 resolved cases by this examiner. Grant probability derived from career allow rate.

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