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
1. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1-2-26 has been entered.
Response to Arguments
2. Applicant’s arguments filed 1-2-26 have been fully considered but are moot in view of the new ground(s) of rejection(s).
Furthermore, Applicant amends the independent claims to recite wherein said dental add-on includes a patterning element disposed within a second path; said optical path extending between one or more illuminators of said electronic communication device and said FOV of said at least one optical element and argues that the prior art of record does not teach of the claim limitations. The Examiner respectfully disagrees. As detailed below in the claim rejections the combination teaches of wherein the instrument includes a patterning element disposed within a second path (See Pesach, Figs. 6A-6F; [0182]-[0190] discloses and illustrates two optical paths of which the patterning element is disposed on a second path); said second optical path extending between one or more illuminators of said electronic communication device and said FOV of said at least one optical element (See Pesach, Figs. 6A-6F; [0120], [0154]-[0156], [0170]-[0175]; [0182]-[0190] discloses of the second optical path extending between one or more illuminators and at least one optical element of a lens, mirror, and/or camera; Mathews, Figs.5-7 and [0014]-[0022] which discloses of an illuminator of the phone/communication device and optical elements of the phone/communication device of at least lens and camera as well as multiple paths which include multiple mirrors for directing/reflecting the light).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined teachings of Mathews and Prakash and their teachings of the attachment device (See Mathews, [0013]-[0022]; Prakash, [0068]-[0070], [0103], and [0106]) to have incorporated the teachings of Pesach for the mere benefit of providing portability and power/battery/light sources operated on a difference device conserving power/resources.
Applicant further argues that there is no motivation to combine the references. The Examiner respectfully disagrees. Mathews, Prakash, and Pesach are all in the same field of endeavor of imaging the oral area of a subject using instruments which can be inserted into the mouth. Moreover, there is nothing in Pesach that states that the instrument and patterning element cannot be used as part of an attachment as detailed by Mathews and Prakash. Hence, the combination of Pesach would improve on the combined technology of Mathews and Prakash of being able to provide patterns for better recognition and alignment of the instruments to desired placements and would improve on the functions of the portable attachments of Mathews and Prakash for power/battery efficiency and portability for different applications and environments.
For the reasons stated above, the rejections are maintained.
Claim Rejections - 35 USC § 112
3. The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION. The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
4. Claim 73 is rejected under 35 U.S.C. 112(b), second paragraph, as being vague and indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention for the reasons stated below. Claim 73 recites “said optical path” and is unclear as to whether it is to be construed as the first or the second optical path. Appropriate Correction is required.
Claim Rejections - 35 USC § 103
5. 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 of this title, 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.
6. Claims 50,52, 54-61, and 63-76 are rejected under 35 U.S.C. 103 as being unpatentable over in view of Matthews, US 2018/0284580, in view of Prakash et al., US 2013/0209954, and in further view of Pesach et al., US 2019/0254529.
Regarding claim 50, Matthews teaches a dental add-on for an electronic communication device having a screen and at least one optical element (See Figs.2-5 and [0011] periscope attachment for mobile phone having a display screen), said add-on comprising:
a body comprising (See Figs.2-5; periscope module):
a distal portion (See Figs.2-5; [0011]-[0021] led light source exists from reflector);
at least one first optical path extending from said at least one optical element of said electronic communication device, through said body to said distal portion and configured to adapt a FOV of said at least one optical element for dental imaging (See Figs.2-5; [0011]-[0021] optical element of a camera of the phone which uses the first optical path of the periscope module to the reflector/distal portion such that a field of view of the camera is used for dental imaging; Figs.6-7 [0011]-[0021] illustrates multiple paths wherein the light is directed/reflected through mirrors/lenses for the camera); and
a connector for connection of said add-on body to said electronic communication device (See Figs.2-5 and [0011]-[0021] attachment to cell phone); and
a second optical path, said second optical path extending between one or more illuminators of said electronic communication device and said FOV of said at least one optical element (See Mathews, Figs.5-7 and [0014]-[0022] which discloses of an illuminator of the phone/communication device and optical elements of the phone/communication device of at least lens and camera as well as multiple paths which include multiple mirrors for directing/reflecting the light).
Matthews is silent with respect to the distal end portion being partially inserted into a human mouth within, in one or more dimension, one or both dental arches.
However, in the same field of endeavor, Prakash teaches of the distal end portion being partially inserted into a human mouth within, in one or more dimension, one or both dental arches (See [0103]-[0107] and Figs.5A-10E).
It would have been obvious to one of ordinary skill in the art before the time effective filing date of the claimed invention to have modified the teachings of Matthews to have incorporated the teachings of Prakash for the mere benefit of being able to take better close up pictures in a more stable manner.
The combination of Matthews and Prakash is silent with respect to wherein said dental add-on includes a patterning element disposed within the second path.
However, in the same field of endeavor, Pesach teaches of including a patterning element disposed within the second path (See Fig.2; Figs.6A-6F; [0182]-[0190] discloses and illustrates two optical paths of which the patterning element is disposed on a second path between the light source and optical elements).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined teachings of Mathews and Prakash and their teachings of the attachment device (See Mathews, [0013]-[0022]; Prakash, [0068]-[0070], [0103], and [0106]) to have incorporated the teachings of Pesach for the mere benefit of providing portability and power/battery/light sources operated on a difference device conserving power/resources as well as to provide patterns for better recognition and alignment of the instruments to desired placements and would improve on the functions of the portable attachments of Mathews and Prakash for power/battery efficiency and portability for different applications and environments.
Regarding claim 52, the combination teaches the dental add-on according to claim 50, wherein said at least one optical element comprises an imager (Matthews, Figs.2-5; [0011]-[0021]; Prakash, [0103]-[0107]; Figs.5A-1; Pesach; Figs.1-2;17; [0046]-[0057] camera).
Regarding claim 54, the combination teaches the dental add-on according to claim 50, wherein said at least one first optical path adapts said FOV for dental imaging by directing said FOV into said human mouth (See Matthews, Figs.2-5; [0011]-[0021]; Prakash, [0103]-[0107]; Figs.5A-5D; Pesach, [0154]).
Regarding claim 55, the combination teaches the dental add-on according to claim 50, wherein said at least one first optical path transfers a FOV including a view of at least a portion of said human mouth to said imager (See Matthews, Fig.5; [0011]-[0022]).
Regarding claim 56, the combination teaches the dental add-on according to claim 50, wherein: said screen is disposed on a front face of said electronic communication device (See Matthews, Fig.5), said imager is disposed on a back face of said electronic communication device (See Matthews, Fig.1), and when said body is connected to said electronic communication device, said at least one first optical path extends in a direction generally parallel to one or both of an orientation of said front face and an orientation of said back face (See Matthews, Figs.1-5; [0011]-[0021]; Prakash, Figs.5A-5D).
Regarding claim 57, the combination teaches the dental add-on according to claim 50, wherein said add-on comprises an add-on illuminator, where a FOV of said illuminator overlaps with said imaging FOV (See Matthews, Figs.1-5; [0011]-[0021]; Prakash, [0102]; Fig.5A; Pesach, Figs.1-2; [0154]-[0156]).
Regarding claim 58, the combination teaches the dental add-on according to claim 57, wherein said add-on illuminator is powered by an add-on power source (See Prakash, [0102]-[0104]; Fig.5).
Regarding claim 59, the combination teaches the dental add-on according to claim 57, wherein said add-on illuminator is powered by said electronic communication device (See Prakash, [0144]; Matthews, [0015]).
Regarding claim 60, the combination teaches the dental add-on according to claim 50, wherein said add-on comprises a pattern projector (See Pesach, Fig.2; [0154]-[0156]).
Regarding claim 61, the combination teaches the dental add-on according to claim 60, wherein said pattern projector comprises said add-on illuminator and a patterning element disposed within an optical path between said illuminator (See Pesach, Fig.2; [0120]-[0132]; [0154]-[0156]; Matthews, [0011]-[0021]).
Regarding claim 63, the combination teaches the dental add-on according to claim 50, wherein said at least one first optical path includes one or more optical path element which changes optical power of light received by said optical path element to focus light within said at least one first optical path (See Pesach, [0134]-[0135], [0144], [0236] [0252]).
Regarding claim 64, the combination teaches the dental add-on according to claim 63, wherein said one or more optical path elements are selected from the group consisting of: a curved mirror, lens, prism, and any combination of the forgoing (See Matthews, [0017]-[0018]).
Regarding claim 65, the combination teaches the dental add-on according to claim 50, wherein said at least one first optical path includes one or more mirror changing a direction of said optical path (See Matthews, [0011]-[0021]; Pesach, [0186]-[0188], and [0252]).
Regarding claim 66, the combination teaches the dental add-on according to claim 50, wherein said connector is configured to align said at least one first optical path with said imager of said electronic communication device (See Matthews, Figs.2-5; [0011]-[0021]; Prakash, Figs. 2C-5D).
Regarding claim 67, the combination teaches the dental add-on according to claim 66, wherein a position of said connector is adjustable with respect to said body (See Matthews, Figs.2-5; [0011]-[0021]; Prakash, Figs.10C-10E).
Regarding claim 68, the combination teaches the add-on according to claim 50, when said add-on body is elongate (See Matthews, Fig.4-5; Pesach, Figs.2).
Regarding claim 69, the combination teaches the add-on according to claim 50, the combination further teaches of wherein a ratio of a length of said body measured along a longitudinal axis is at least 2 times a maximum transverse dimension of said body taken perpendicular to said longitudinal axis (See Matthews, Figs.2-5; 10; [0011]-[0021] which discloses/illustrates the length of the body of the periscope module being at least twice the body width/body taken perpendicular as well as the swivel point being adjustable for different angles/ratios; Pesach, Fig.2).
Regarding claim 70, the combination teaches the add-on according to claim 50, wherein said illuminator illuminates with near infrared light (NIR) (See Pesach, [0193]).
Regarding claim 71, Matthews teach of a method of intraoral imaging comprising:
aligning at least one optical element of an electronic communication device to one or more optical path of an add-on to transfer a FOV of said at least one optical element into said add-on optical path (See Figs.2-5; [0011]-[0021]; Figs.6-7 [0011]-[0021] illustrates multiple paths wherein the light is directed/reflected through mirrors/lenses for the camera); and
a connector for connection of said add-on body to said electronic communication device (See Figs.2-5 and [0011]-[0021] attachment to cell phone); and
attaching said add-on to said electronic communication device (See Figs.2-5 and [0011]-[0021]);
positioning saif FOV of said at least one optical element (See Figs.2-5; [011]-[0021]); and
said method comprises a second optical path, said second optical path extending between one or more illuminators of said electronic communication device and said FOV of said at least one optical element (See Mathews, Figs.5-7 and [0014]-[0022] which discloses of an illuminator of the phone/communication device and optical elements of the phone/communication device of at least lens and camera as well as multiple paths which include multiple mirrors for directing/reflecting the light).
Matthews is silent with respect to positioning within a mouth, by positioning at least a portion of said add-on within said mouth.
However, in the same field of endeavor, Prakash teaches of positioning within a mouth, by positioning at least a portion of said add-on within said mouth (See [0103]-[0107] and Figs.5A-10E).
It would have been obvious to one of ordinary skill in the art before the time effective filing date of the claimed invention to have modified the teachings of Matthews to have incorporated the teachings of Prakash for the mere benefit of being able to take better close up pictures in a more stable manner.
The combination of Matthews and Prakash is silent with respect adding a patterning element disposed within the second path.
However, in the same field of endeavor, Pesach teaches of adding patterning element disposed within the second path (See Fig.2; Figs.6A-6F; [0182]-[0190] discloses and illustrates two optical paths of which the patterning element is disposed on a second path between the light source and optical elements).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined teachings of Mathews and Prakash and their teachings of the attachment device (See Mathews, [0013]-[0022]; Prakash, [0068]-[0070], [0103], and [0106]) to have incorporated the teachings of Pesach for the mere benefit of providing portability and power/battery/light sources operated on a difference device conserving power/resources as well as to provide patterns for better recognition and alignment of the instruments to desired placements and would improve on the functions of the portable attachments of Mathews and Prakash for power/battery efficiency and portability for different applications and environments.
Regarding claim 72, the combination teaches the method according to claim 71, wherein: said method comprises acquiring one or more image of a dental feature using at least one optical element (See Matthews, Figs.2-5; [0011]-[0021]; Prakash, [0103]-[0107]; Figs.5A-1; Pesach; Figs.1-2;17; [0046]-[0057]).
Regarding claim 73, the combination teaches of the dental add-on according to claim 50, wherein said patterning element comprises one or more lens disposed within said optical path (Pesach, [0155] and [0185]-[0189]).
Regarding claim 74, the combination teaches of the dental add-on according to claim 50, wherein:
said one or more illuminators of said electronics communication device are configured to illuminate UV light and/or 300nm-440nm light (See Pesach, [0156]-[0157] UV and different ranges of wavelengths), and
said dental add-on is configured to be used for performing fluorescence measurements (See Prakash, [0039]-[0053] and [0070]-[0080] and [0098]-[0106]).
Regarding claim 75, the combination teaches of the dental add-on according to claim 57, wherein:
said one or more illuminators of said electronics communication device are configured to illuminate UV light and/or 300nm-440nm light (See Pesach, [0156]-[0157] UV and different ranges of wavelengths), and
said dental add-on is configured to be used for performing fluorescence measurements (See Prakash, [0039]-[0053] and [0070]-[0080] and [0098]-[0106]).
Regarding claim 76, the combination teaches the dental add-on according to claim 50, further comprising one or more filters comprising one or more of: a first filter positioned on said at least one first optical path and configured for removing light of wavelengths projected by said one or more illuminators of said electronic communication device and a second filter positioned on said second optical path and configured for filtering a light emitted by said one or more illuminators of said electronic communication device to allow emission of only one or more desired wavelengths through said second path (See Pesach, [0142]-[0144], [0163]-[0164] and [0172]-[0188]).
Contact
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ricky Chin whose telephone number is 571-270-3753. The examiner can normally be reached on M-F 8:30-6:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Bruckart can be reached on 571-272-3982. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306.
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/Ricky Chin/
Primary Examiner
AU 2424
(571) 270-3753
Ricky.Chin@uspto.gov