Prosecution Insights
Last updated: April 19, 2026
Application No. 17/433,670

Intraoral scanning system using magnetic induction

Non-Final OA §102§103
Filed
Aug 25, 2021
Examiner
APONTE, MIRAYDA ARLENE
Art Unit
3772
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
3Shape A/S
OA Round
3 (Non-Final)
64%
Grant Probability
Moderate
3-4
OA Rounds
3y 8m
To Grant
84%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allow Rate
419 granted / 660 resolved
-6.5% vs TC avg
Strong +20% interview lift
Without
With
+20.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
40 currently pending
Career history
700
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
41.6%
+1.6% vs TC avg
§102
24.8%
-15.2% vs TC avg
§112
29.2%
-10.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 660 resolved cases

Office Action

§102 §103
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 . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9 October 2025 has been entered. Drawings The drawings were received on 9 October 2025. These drawings are acceptable. 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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsuda et al. (WO 2018168681 A1) (all references are directed to the attached translation). [AltContent: textbox (Distal end of the scanning device/ Tip)][AltContent: arrow][AltContent: textbox (Intra-oral scanning system)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Scanning device)][AltContent: arrow][AltContent: textbox (Replaceable scanning tip)] PNG media_image1.png 422 416 media_image1.png Greyscale [AltContent: textbox (Distal end)][AltContent: arrow][AltContent: textbox (Tubular member)][AltContent: arrow][AltContent: textbox (Second magnetic induction coil)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Replaceable scanning tip)] PNG media_image2.png 230 340 media_image2.png Greyscale [AltContent: textbox (Distal end of the scanner device/ Tip)][AltContent: ][AltContent: textbox (First magnetic induction coil)][AltContent: arrow][AltContent: textbox (Distal end of the scanning tip)][AltContent: ] PNG media_image3.png 360 470 media_image3.png Greyscale Regarding claim 1, Tsuda et al. discloses an intra-oral scanning system (200) (see Fig. 1 above) including: - a scanning device (30) including a first magnetic induction coil (32) (see annotated Fig. 1 and 2 above, and page 3, lines 23-23, where the reading unit 32 is located at the connection part 31, where the reading unit 32 is configured to communicate with the second magnetic induction coil 15 at the replaceable scanning tip 10), wherein the first magnetic induction coil is arranged at a distal end of the scanner device (see annotated Fig. 1 and 7 above, and page 4, lines 17-18); - a replaceable scanning tip (10) including a second magnetic induction coil (15), where the second magnetic induction coil (15) is arranged at a distal end of the scanner device (see annotated Fig. 2 above – where the second magnetic induction coil 15 is located at one end of the replaceable scanning tip, in which it is considered to be distal from the mirror 14 and the measurement window 13); - the replaceable scanning tip (10) being removeably connected to the scanning device (30) (see Fig. 1 above – where the scanning tip 10 is configured to be removed from the tip 31 of the scanning device 30); wherein each of the first and second magnetic induction coils is configured to provide a power transfer and communication signal between the scanning device (30) and the scanning tip during operation of the scanning system (200) (see page 3, lines 36-42 – due to the system uses an RFID tag, the communication signal is a wireless system that uses electromagnetic fields to identify and track tags attached to objects, that consists of a radio transponder called a tag, a radio receiver, and a transmitter. Due to it is used electromagnetic fields, it is understood that power transfer exists between the two coils). Regarding claim 2, Tsuda et al. discloses that wherein the power transfer from the scanning device (30) to the replaceable scanning tip includes supplying an alternating voltage or electrical current in the first magnetic induction coil, thereby inducing an electrical current in the second magnetic induction coil (the system uses RFID; therefore, there is a power transfer through electromagnetism). Regarding claim 3, Tsuda et al. discloses that wherein providing the communication signal between the scanning device (30) and the replaceable scanning tip includes providing a frequency, phase or amplitude modulated alternating voltage or current to either the first or second coil, thereby inducing a modulated signal in the other of the first magnetic induction or the second magnetic induction coil, wherein the modulated signal includes the communication transfer from the scanning device to the scanning tip or from the scanner tip to the scanning device (the system uses RFID see page 3, lines 36-42 – due to the system uses an RFID tag, the communication signal is a wireless system that uses electromagnetic fields to identify and track tags attached to objects, that consists of a radio transponder called a tag, a radio receiver, and a transmitter). Regarding claim 4, Tsuda/Elbaz discloses the claimed invention substantially as claimed, as set forth above for claim 3, and where Tsuda et al. discloses that wherein the scanning system is configured to demodulate the modulated signal (see page 3, lines 38-39 – due to the system uses the RFID tag, the reading unit 32 is configured to demodulate the signal of the RFID tag). 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. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Tsuda et al. (WO 2018168681 A1) as applied to claim 1 above, and in further view of Dobkin (reference 28 in definition of Radio-frequency identification in Wikipedia). Regarding claim 5, Tsuda discloses the claimed invention substantially as claimed, as set forth above for claim 1, and that the scanning system uses RFID. However, Tsuda does not disclose that the communication signal is placed in a frequency band that differs from a frequency band of the power transfer signal related to the power transfer. Dobkin teaches that the RFID’s tag can modulate the field produced by the reader by changing the electrical loading the tag represents. By switching between lower and higher relative loads, the tag produces a change that the reader can detect (see page 6, first paragraph of section “signaling”), in this way the communication signal and the power transfer signal are in different frequencies. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to know that the RFID of Tsuda, uses the different frequencies between the communication signal and the power transfer signal of Dobkin, in order for the tag to be able to communicate with the reader separated from the power transfer signal. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Tsuda et al. (WO 2018168681 A1) in view of Dobkin (reference 28 in definition of Radio-frequency identification in Wikipedia) as applied to claim 1 above, and in further view of Krishna et al. (US 20060022800 A1). Regarding claim 6, Tsuda discloses the claimed invention substantially as claimed, as set forth above for claim 1. However, Tsuda does not disclose that the scanning device further includes a third magnetic induction coil; and that the replaceable scanning tip further comprises a fourth magnetic induction coil; wherein the first magnetic induction coil and second magnetic induction coils are configured to provide the power transfer, and the third magnetic induction and the fourth magnetic induction coils are configured to provide the communication transfer. Krishna et al. teaches that the Radio Frequency (RF) power source to power a tag can be separated from the data source and from one or more RF receiver (by doing that can be included a plurality of magnetic induction coils). As for example, “the RF power source can be located close to the tag so that sufficient signal level is received to power and enable the tag, while the RF data source and the RF receiver can be located further away, thereby allowing a single RF data source and receiver to service a wide area of locally-powered tags. In this case, the RF power signal may operate in a frequency band different from that of the RF data source signal. It is noted that a multiplicity of RF data sources and receivers, not necessarily paired, can be arranged to interrogate tags powered by nearby RF power sources” (see [0164]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the scanning device of Tsuda, with the Radio Frequency (RF) power source to power a tag can be separated from the data source and from one or more RF receiver of Krishna, in order to allowing a single RF data source and receiver to service a wide area of locally-powered tags. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Tsuda et al. (WO 2018168681 A1) in view of Dobkin (reference 28 in definition of Radio-frequency identification in Wikipedia), in further view of Krishna et al. (US 20060022800 A1) as applied to claim 6 above, and in further view of Benamara et al. (A Twisted Loop Antenna to Enhance HF RFID Detection for Different Tag Positioning). Regarding claim 7, Tsuda/Dobkin discloses the claimed invention substantially as claimed, as set forth above for claim 6. However, Tsuda/Dobkin does not disclose that the third magnetic induction coil or fourth magnetic induction coil communication transfer induction coils are twisted 180 degrees around a symmetrical centre, the third magnetic induction coil and fourth induction coils thereby comprising two halves in the shape of a figure of 8. [AltContent: arrow][AltContent: textbox (Two halves in the shape of a figure 8)] PNG media_image4.png 218 364 media_image4.png Greyscale Benamara et al. teaches a HF RFID including a twisted loop antenna having two halves in the shape of a figure 8 (see annotated the upper configuration in Fig. 2a above, the abstract and page 2, col. 1 last paragraph through col. 2 first two paragraphs, and page 5, col. 2, see conclusion). It would have been obvious to one having ordielnary skill in the art before the effective filing date of the claimed invention to modify the communication transfer induction coils of the RFID of Tsuda/Dobkin, with the 180 degrees twisted communication transfer induction coils Benamara, in order to provide a RF structure that improves the distance and surface of detection by locally maximizing the mutual inductance with a tag loop. Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Tsuda et al. (WO 2018168681 A1) in view of Elbaz et al. (CN 107661159 A) in further view of Jeon et al. (WO 2011140664 A2). Regarding claims 9-10, Tsuda et al. discloses an intra-oral scanning system (200) (see Fig. 1 above) including: - a scanning device (30) (see annotated Fig. 1 above); - a semi-replaceable scanning tip (31) including a first magnetic induction coil (see annotated Fig. 1 and 2 above, and page 3, lines 23-23, where the reading unit 32 is configured to communicate with the second magnetic induction coil 15 at the semi-replaceable scanning tip 10), wherein the first magnetic induction coil (32) is arranged at a distal end of the semi-replaceable scanning tip (31) (see annotated Fig. 1 and 2, where the first magnetic induction coil 32 is located close to the RFID located at the at the tip of the scanning device in which it is considered the distal end of the semi-replaceable scanning tip 31); an adapter (10) configured to replaceably attach to the semi-replaceable scanning tip, the adapter including a second magnetic induction coils (15), wherein when attached to the semi-replaceable scanning tip, the second magnetic induction coil is arranged at a distal end of the scanner device (see annotated Fig. 2 above and page 4, lines 17-18 – where the second magnetic induction coil 15 is located at one end of the replaceable scanning tip, in which it is considered to be distal from the mirror 14 and the measurement window 13 of the adapter 10, in which both magnetic induction coils are located at the distal end of the scanning device); and where the plurality of magnetic induction coils are configured to provide power transfer and communication signal between the scanning tip and the adapter during operation (see page 3, lines 36-42 – due to the system uses an RFID tag, the communication signal is a wireless system that uses electromagnetic fields to identify and track tags attached to objects, that consists of a radio transponder called a tag, a radio receiver, and a transmitter. Due to the system uses electromagnetic fields, it is understood that power transfer is used between the two coils). However, Tsuda et al. does not disclose that the adapter is an infrared adapter configured to replaceably attach to the semi-replaceable scanning tip; and a disposable or reusable hygiene sheath disposed between the scanning tip and the infrared adapter, and where the processor is configured to interrupt recording of white light to commence recording of infrared light (for claim 9); and the infrared adapter is configured to attach to the semi-replaceable scanning tip by snapping and/or sliding onto the semi-replaceable scanning tip (for claim 10). [AltContent: textbox (Wings)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Wings)] PNG media_image5.png 336 800 media_image5.png Greyscale PNG media_image6.png 470 586 media_image6.png Greyscale Elbaz et al. teaches a dental scanner including a scanning device with a tip, and an adapter configured to emit infrared light (see annotated Fig. 2D and 29A-B above, page 5, lines 33-35, and page 7, line 34). Where the adapter includes in the distal end a pair of projection or wings (215) including a light source (LED) and a combination of a camera (217), where the adapter slides over the scanning tip (see Fig. 2D, and page 29, last paragraph through first paragraph of page 30, and page 48, lines 33-38). Furthermore, the one or more processors are configured to cycle between the first node using a first spectral range of white light and a second mode using a second spectral range including the infrared light, where the processor are configured to determine, based on the data, the duration of the scanning for each mode (see page 8, lines 2-15 – if the processor cycle between modes, it is understood that the recording is interrupted between one image recorded in one spectral range and the image from the second spectral range). The system is configured for a time automatic adjustment for the duration of the scanning when using the first mode and the second mode (see page 6, last line through page 7, line 17 – where the system provides the automatic time adjustment between modes, allowing the user to determine the quality of the captured 3D surface model data). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the light source used in the scanning tip of Tsuda, with the infrared light source of the adapter, and by having the adapter with slides on its tip of Elbaz, in order to allow for a quick and easy engagement and disengagement of the two parts by the user, and for the change in light source in order to provide for the illumination for photography, so that it is able at least partially, to penetrate and pass through the tooth enamel and dentin during the scanning. However, Tsuda/Elbaz does not disclose a disposable or reusable hygiene sheath disposed between the scanning tip and the infrared adapter. PNG media_image7.png 396 488 media_image7.png Greyscale Jeon et al. teaches an intra-oral scanning system (100) including a scanning device (110), a scanning tip (120) and a shell and an adapter/shell (130) used in combination with a sheath (see Fig. 1 above, page 5, lines 28-35). Where the sheath is a sterile, transparent cover for protecting the scanning tip (120) for eliminating any cross-contamination among patients. The sheath fits over the scanning tip (120) so that it does not wrinkle or deform, in this way avoiding deflecting of signals or the distortion of camera images (see page 10 lines 23-36). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the intra-oral scanning system Tsuda/Elbaz, with the configuration of the scanning device, scanning tip, the shell with the sheath of Jeon, in order to have a way of eliminating any cross-contamination among patients, and at the same time, the way that the sheath is placed between the scanning tip and the infrared adapter avoids any deflection of the signal or distortion of the images from the camera. Allowable Subject Matter Claim 8 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 8, the prior arts of Dobkin, Krishna, Benamara, Tsuda, Elbaz and Jeon do not describe that the replaceable scanning-tip further includes an optical element located at the distal end of the replaceable scanning-tip with a reflective surface inside the replaceable scanning-tip such that when the optical element receives light from a white light source located in the scanning device, the replaceable scanning tip provides white light to the-teeth, wherein the optical element is configured for receiving the white light as back-reflected from the teeth, such that when the optical element receives the white light from the teeth, the replaceable scanning-tip provides the white light to a first image sensor in the scanning device. Claims 11-31 are allowed. The following is an examiner’s statement of reasons for allowance: Regarding claim 11, the prior arts of Dobkin, Krishna, Benamara, Tsuda, Elbaz and Jeon do not describe a replaceable scanning-tip for a scanning device including a first magnetic induction coil arranged at a distal end of the replaceable scanning tip in combination with an optical element located at the distal end of the scanning-tip with a reflective surface inside the replaceable scanning-tip. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Response to Arguments Applicant’s arguments with respect to claims 1-7 and 9-10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Regarding claims 1 and 9, the amendment in both claims includes a description of the location of the second magnetic induction coil to be arranged at the distal end of the replaceable scanning tip. The Office understands that the replaceable scanning tip includes a magnetic induction coil at a distal end at one of the extreme ends. Taking in consideration that a distal end is a relative term depending on the perspective of the user. A distal end in the replaceable scanning tip can be adjacent to the optical opening when the replaceable scanning tip is held by the opposing end. At the same time, if the replaceable scanning tip is held at the end where the optical opening is located, the opposing end is considered the distal end. Therefore, due to the description does not provide which of the two ends is intended to be the distal end in the replaceable scanning tip, it is understood that the distal end is located opposed to the location of the optical opening. Making in the prior art of Tsuda disclosing the claimed subject matter. Therefore, for the reason given above it is understood that the present set of claims is not ready for allowance. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRAYDA ARLENE APONTE whose telephone number is (571)270-1933. The examiner can normally be reached M-F 8-5. 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, Eric Rosen can be reached at 571-270-7855. 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. /MIRAYDA A APONTE/Examiner, Art Unit 3772 /ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
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Prosecution Timeline

Aug 25, 2021
Application Filed
Nov 02, 2024
Non-Final Rejection — §102, §103
Feb 13, 2025
Response Filed
May 17, 2025
Final Rejection — §102, §103
Oct 09, 2025
Request for Continued Examination
Oct 10, 2025
Response after Non-Final Action
Nov 21, 2025
Non-Final Rejection — §102, §103
Mar 09, 2026
Examiner Interview Summary
Mar 09, 2026
Applicant Interview (Telephonic)
Apr 08, 2026
Response Filed

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

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Prosecution Projections

3-4
Expected OA Rounds
64%
Grant Probability
84%
With Interview (+20.0%)
3y 8m
Median Time to Grant
High
PTA Risk
Based on 660 resolved cases by this examiner. Grant probability derived from career allow rate.

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