Prosecution Insights
Last updated: April 18, 2026
Application No. 17/843,381

SCANNING DEVICE

Non-Final OA §102
Filed
Jun 17, 2022
Examiner
ORTIZ RODRIGUEZ, CARLOS R
Art Unit
2119
Tech Center
2100 — Computer Architecture & Software
Assignee
Sdc U S Smilepay Spv
OA Round
3 (Non-Final)
77%
Grant Probability
Favorable
3-4
OA Rounds
3y 2m
To Grant
87%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allow Rate
549 granted / 715 resolved
+21.8% vs TC avg
Moderate +10% lift
Without
With
+10.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
36 currently pending
Career history
751
Total Applications
across all art units

Statute-Specific Performance

§101
7.7%
-32.3% vs TC avg
§103
36.5%
-3.5% vs TC avg
§102
32.9%
-7.1% vs TC avg
§112
18.8%
-21.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 715 resolved cases

Office Action

§102
DETAILED ACTION Claims 1-20 are pending. 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 . Response to Arguments Applicant’s arguments, filed 09/19/2025, have been fully considered but are moot in view of the new ground(s) of rejection. It can be noted that the imaging system includes a display 110/ a touch screen used for dental purposes - - C26 L 12-41. The imaging system also includes the image acquisition device. Claim Rejections - 35 USC § 102 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 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 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. Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boerjes et al., US Patent No. 8,454,365 (hereinafter Boerjes). 1. A method comprising: providing a mobile application an imaging system configured to acquire images of an intraoral cavity of a user (C22 L54-63 and C25 L45-48 - - acquiring images via an image sensor of scanner 102), the imaging system configured to be operable by the user via the mobile application by allowing the user to visually monitor the intraoral cavity while the images of the intraoral cavity are acquired (C22 L54-63 and C25 L45-48 - - visually monitor via computer 108), the imaging system comprising: an image acquisition device and a display screen within a same unitary device (C26 L 12-41 - - display 110 is a touch screen used for dental purposes), the image acquisition device configured to acquire the images (C22 L54-63 and C25 L45-48 - - acquiring images via an image sensor of scanner 102); and an orientation element configured to orient the image acquisition device with respect to the intraoral cavity to facilitate acquisition of the images (C22 L54-63 and C25 L45-48 - - orienting via the handle of scanner 102), and at least one of determining an oral condition of the user based on the acquired images or providing feedback based on the acquired images (C30 L45-53 - determining an oral condition). 2. The method of claim 1, further comprising acquiring the images by or with the assistance of at least one of the user, a dentist or orthodontist, or a technician operating the imaging system to acquire one or more of the images (C30 L33-67). 3. The method of claim 2, wherein only a portion of the images are acquired with the assistance of the dentist or orthodontist (C30 L33-67). 4. The method of claim 1, wherein the imaging system comprises a mobile device associated with the user (C26 L 12-41 - - display 110 is a touch screen used for dental purposes), the method further comprising displaying, on the mobile device, a user interface including an indication referring the user to meet with a dentist or orthodontist based on the acquired images (C30 L33-67). 5. The method of claim 1, wherein the imaging system comprises a mobile device associated with the user(C26 L 12-41 - - display 110 is a touch screen used for dental purposes), the method further comprising providing the images to a server system via the mobile device associated with the user (c28 L25). 6. The method of claim 1, wherein the feedback is provided to the user the display screen (C28 L25) 7. A method comprising: providing a mobile application for an imaging system configured to acquire images of an intraoral cavity of a user (C22 L54-63 and C25 L45-48 - - acquiring images via an image sensor of scanner 102), the imaging system configured to be operable by the user via the mobile application by allowing the user to visually monitor the intraoral cavity while the images of the intraoral cavity are acquired (C22 L54-63 and C25 L45-48 - - visually monitor via computer 108), the imaging system comprising: an image acquisition device and a display screen within a same unitary device (C26 L 12-41 - - display 110 is a touch screen used for dental purposes), the image acquisition device configured to acquire the images (C22 L54-63 and C25 L45-48 - - acquiring images via an image sensor of scanner 102); and an orientation element configured to orient the image acquisition device with respect to the intraoral cavity to facilitate acquisition of the images; (C22 L54-63 and C25 L45-48 - - orienting via the handle of scanner 102), acquiring the images at a location remote from a dentist or orthodontist; providing communication between the user and the dentist or orthodontist or a technician during acquisition of the images (C30 L41-64 and C31 L15-57) and at least one of determining an oral condition of the user based on the acquired images or providing feedback to the user based on at least one of the acquired images or the user's operation of the imaging system (C30 L45-53 - -determining an oral condition). 8. The method of claim 7, wherein the images are acquired with the assistance of the dentist or orthodontist or the technician via the communication (C30 L33-67). 9. The method of claim 7, wherein only a portion of the images are acquired with the assistance of the dentist or orthodontist or the technician via the communication (C30 L33-67). 10. The method of claim 7, wherein the communication comprises at least one of an audio or video communication between the user and the dentist or orthodontist or the technician (C31 L56). 11. The method of claim 7, wherein the imaging system comprises a mobile device associated with the user (C26 L 12-41 - - display 110 is a touch screen used for dental purposes), the method further comprising providing the images to a server system via the mobile device associated with the user (C28 L25). 12. The method of claim 11, wherein the images are accessible by the dentist or orthodontist or the technician via the server system (C27 L54- server 204, C30 L47-49). 13. The method of claim 11, further comprising generating a high-resolution reconstruction of the images after the images are provided to the server system (C27 L54 and C30 L19-25). 14. A method comprising: providing a mobile application for an imaging system configured to acquire images of an intraoral cavity of a user (C22 L54-63 and C25 L45-48 - - acquiring images via an image sensor of scanner 102), the imaging system configured to be operable by the user via the mobile application by allowing a user to visually monitor the intraoral cavity while acquiring the images of the intraoral cavity (C22 L54-63 and C25 L45-48 - - visually monitor via computer 108), the imaging system comprising: an image acquisition device and a display screen within a same unitary device (C26 L 12-41 - - display 110 is a touch screen used for dental purposes), the image acquisition device configured to acquire the images (C22 L54-63 and C25 L45-48 - - acquiring images via an image sensor of scanner 102); and an orientation element configured to orient the image acquisition device with respect to the intraoral cavity to facilitate acquisition of the images; acquiring the images (C22 L54-63 and C25 L45-48 - - orienting via the handle of scanner 102), and determining an oral condition of the user based on comparing the acquired images with previously acquired images of the intraoral cavity (C27 L19-36 - - comparing images in real-time and determining if further images are required based on the quality of the image. After performing said comparison determining an oral condition). 15. The method of claim 14, wherein the images are acquired at regular intervals (C26 L42-67 - - Images are rendered in real-time). 16. The method of claim 14, further comprising: determining whether the images of the intraoral cavity are suitable for determining the oral condition; and providing feedback to the user regarding whether the images of the intraoral cavity are suitable for determining the oral condition (C27 L19-36 - - comparing images in real-time and determining if further images are required based on the quality of the image. A buzzer, speaker, light, visual signal, etc., are provided based on a pre-determined confidence level indicating a likelihood that the images are suitable for determining the oral condition; and visual displays and/or feedback are provided to the user as the images are acquired). 17. The method of claim 14, wherein the imaging system comprises a mobile device associated with the user (C26 L 12-41 - - display 110 is a touch screen used for dental purposes), the method further comprising: displaying, by the mobile device, a generic image of an intraoral cavity; and changing, by the mobile device, the generic image of the intraoral cavity to a model of the intraoral cavity of the user in real time to reflect a progress of the imaging while the images are acquired (C26 L42-67 - - the complexity of the model changes depending on the mode and required accuracy for determining oral condition. Images are rendered in real-time). 18. The method of claim 17, wherein an appearance of the model of the intraoral cavity of the user is changed based on whether the images of the intraoral cavity are suitable for determining the oral condition (C26 L42-67 - - the complexity of the model changes depending on the mode and required accuracy for determining oral condition. Images are rendered in real-time). 19. The method of claim 17, further comprising: displaying, at a first time, a first model of the intraoral cavity, the first model of the intraoral cavity comprising a first portion that is suitable for determining the oral condition; notifying the user to acquire additional images; and displaying, at a second time, a second model of the intraoral cavity, the second model of the intraoral cavity comprising the first portion and a second portion that is suitable for determining the oral condition (C30 L53-56 - - images are obtained at multiple stages of the dental procedure. Wherein multiple stages might require multiple visits). 20. The method of claim 14, further comprising: determining a confidence level associated with the images, the confidence level indicating a likelihood that the images are suitable for determining the oral condition; and displaying the confidence level to the user as the images are acquired (C27 L19-36 - - comparing images in real-time and determining if further images are required based on the quality of the image. A buzzer, speaker, light, visual signal, etc., are provided based on a pre-determined confidence level indicating a likelihood that the images are suitable for determining the oral condition; and visual displays and/or feedback are provided to the user as the images are acquired). Citation of Pertinent Prior Art The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Durbin et al., US Patent Application Publication No. 2002/0064759 – relates to system for viewing digital models and utilizing CAD System. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS R ORTIZ RODRIGUEZ whose telephone number is (571)272-3766. The examiner can normally be reached on Mon-Fri 10:00 am- 6:30 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, Mohammad Ali can be reached on 571-272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CARLOS R ORTIZ RODRIGUEZ/ Primary Examiner, Art Unit 2119
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Prosecution Timeline

Jun 17, 2022
Application Filed
Mar 15, 2025
Non-Final Rejection — §102
Sep 19, 2025
Response Filed
Sep 30, 2025
Final Rejection — §102
Apr 01, 2026
Response after Non-Final Action
Apr 01, 2026
Request for Continued Examination
Apr 11, 2026
Non-Final Rejection — §102 (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

3-4
Expected OA Rounds
77%
Grant Probability
87%
With Interview (+10.4%)
3y 2m
Median Time to Grant
High
PTA Risk
Based on 715 resolved cases by this examiner. Grant probability derived from career allow rate.

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