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 .
Acknowledgments
This communication is in reply to amendments and remarks filed 09/04/2025.
Claim 9 has been amended.
Claims 1-8, 19-20 are withdrawn
Claims 9-18 are currently addressed below.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 9-18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement.
The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Independent claim 9 has been amended to recite: “wherein the portable healthcare device is configured to display a plurality of anatomical alignment lines to guide a patient in properly positioning the scanning camera to capture a plurality of images” and “wherein the portable health care device is configured to provide a haptic feedback”.
The claimed “first mobile device” according to the claims, specification and Applicant’s remarks is interpreted as “mobile device 120” in Figure 1, or “920” in Figure 9.
The claimed “portable healthcare device”, according to the original disclosure, is interpreted as “device 950” (Figure 9). However, according to paragraphs [0052], [0068] –[0071], alignment lines and haptic feedback are features of device 920, not device 950 as claimed.
Although the original disclosure describes and has support for a “first mobile device” with a “display a plurality of anatomical alignment lines” [0052] and “haptic feedback” [0069]; as well as support for a “portable healthcare device” (Figure 9, ‘950’); it does not have support for the combination of the “portable healthcare device” displaying “a plurality of anatomical alignment lines” or providing “haptic feedback”. Please see MPEP 2163 II.A.
[0052] The mobile device 130 is configured to perform image and/or video captures of the patient using a camera of the mobile device 120. The mobile device 120 may be configured to display alignment lines to guide the patient to properly align the mobile device 120 for the image and/or video capture. In some examples, the alignment lines may be displayed as dental arch overlays or facial feature overlays.
[0069] The device 950 is configured to obtain data from the one or more sensors and transmit the data to the mobile device 920. The mobile device 920 is configured to determine tooth shade, detect tooth decay, determine gum disease, determine a dental arch, or any combination thereof, using one or more artificial intelligence (AI) algorithms. The mobile device 920 may be configured to determine whether the device 950 is in the correct position based on the sensor data. If it is determined that the device 950 is not in the correct position, the mobile device 920 may determine instructions to correct the position, and display or transmit the instructions. The instructions may include audible and/or haptic feedback that cause the device 950 to emit an audible alert or vibration. In some examples, the mobile device 920 may transmit the data to the server 910, and the server 910 may be configured to determine tooth shade, detect tooth decay, determine gum disease, determine a dental arch, or any combination thereof, using one or more Al algorithms. In an example, the server910, the mobile device920, or both, may be configured to generate a timeline for display on the mobile device920. The timeline may be generated to so a change in tooth shade over time, a change in tooth decay over time, a change in gum health over time, or any combination thereof. In some examples, the server910, the mobile device920, or both, may be configured to generate a prediction of a change in tooth shade over time, a change in tooth decay over time, a change in gum health over time, or any combination thereof. The prediction may be based on the effectiveness of a commercial product or prescription product. The prediction may take into account patient medical data in order to determine the prediction.
Claims 10-18 depend from claim 9 and do not cure the deficiencies above.
Closest Prior Art of Record
Closest prior art of record: US 20170032092 – Mink et al., US 20200398063 – Debates et al, and WO 2021236616 A1 - Oren-Artzi, et al.
Examiner agrees with Applicant’s remarks that the closest art of record does not include two devices as claimed; i.e., “first mobile device” (element 920 of Figure 9) and “portable healthcare device” (element 950 of Figure 9). Specifically, the prior art does not disclose or make obvious that the portable healthcare device (device 950) includes a spectrophotometric detector. Further, the closest prior art of record does not disclose or make obvious that the portable healthcare device (device 950) displays a plurality of anatomical alignment lines and the portable healthcare device (device 950) is configured to provide haptic feedback; however, please note that these features are not supported by the original disclosure (please see USC 112(a) above). The features above in combination with all the additional features of claim 9 are not disclosed in the prior art nor are they obvious.
Additional Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure.
Irving et al. Using teledentistry in clinical practice as an enabler to improve access to clinical care: A qualitative systematic review. 2017.
Summary: Article discuses studies focusing on the accuracy, effectiveness or description a teledentistry project in practice. Five main themes were identified in the qualitative analysis: (1) using information and communication technology (ICT), (2) regulatory and system improvements, (3) accuracy of teledentistry, (4) effectiveness, including increasing access to clinical services, efficiencies and acceptability, and (5) building and increasing clinical capacity of the dental workforce
Park et al. Implementation of teledentistry for orthodontic practices. February 25 2021.
Summary: Article discusses various types of teledentistry systems for orthodontic practices, implementation guidelines, and important regulatory considerations on the use of teledentistry for orthodontic purposes.
Conclusion
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/HAJIME ROJAS/Primary Patent Examiner, Art Unit 3682