Prosecution Insights
Last updated: April 19, 2026
Application No. 18/187,347

PHARYNGEAL AND AURAL EXAMINATION APPARATUS AND SYSTEM

Non-Final OA §103
Filed
Mar 21, 2023
Examiner
ABOUELELA, MAY A
Art Unit
3791
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Alai Medicine Inc.
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
3y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allow Rate
550 granted / 737 resolved
+4.6% vs TC avg
Strong +38% interview lift
Without
With
+37.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
36 currently pending
Career history
773
Total Applications
across all art units

Statute-Specific Performance

§101
8.4%
-31.6% vs TC avg
§103
31.2%
-8.8% vs TC avg
§102
22.2%
-17.8% vs TC avg
§112
27.3%
-12.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 737 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. Information Disclosure Statement The information disclosure statement (IDS) submitted on 08/21/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Election/Restrictions Applicant’s election with traverse of invention (I) and species (1) drawn to claims 1-20, and withdrawn claims 21-37 in the reply filed on 01/19/2026 is acknowledged. Applicant's arguments filed 01/19/2026 have been fully considered but they are not persuasive, because invention I and II are different embodiments having various structural elements that requires different modes of operation. In the instant case, invention I does not require an otoscope attachment including a proximal end configured to demountably attach to the mounting interface, the otoscope attachment terminating in a speculum shaped for insertion into the patient's ear and including one or more optical elements disposed , as required by invention II. 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 (s) 1, 6-11, 15 and 20 is/are rejected under 35 U.S.C. 103 as being obvious over Harris et al ( US 2019 / 0046168 ) in view of Zou et al ( CN 111759263 , translated version is relied on herein). As to claims 1 and 15, Harris teaches an apparatus and system (apparatus shown in fig.1-3, abstract) for use with a smartphone (smart phone 100, par.20, fig.1-3) comprising a computer readable memory for storing program codes (computer codes and memory, par.18) for directing a processor of the smartphone to execute functions on the smartphone for performing a medical examination of a patient's pharynx (par.18 and 21) , the smartphone including a camera ( camera 110 for capturing images , fig.1-3, par.21) and an illuminator ( a flash 112 , par.21, fig.1-3) , the apparatus comprising: a mounting interface ( housing 202 with retention structure 204 , par.23, fig.2-3) configured to mechanically couple to the smartphone (par.22-23, fig.2) ; a depressor blade ( tongue depressor 208 , par.24, fig.2-3) including a proximal end configured to demountably attach to the mounting interface ( a first end 210 is inserted into retention 204, par.24, fig/.2-3) , the depressor blade being configured to displace the patient's tongue ( second end 212 may be suitable for depressing a tongue , ar.25, fig.3) to provide access for illumination of the pharynx by the illuminator, the illumination facilitating capture of an image of the pharynx by the camera ( ongue depressor 208 and retention structure 204 may pivot relative to housing 202 to vary the angle at which camera 110 (of FIG. 2) captures an image of mouth 300 and tongue depressor 208. Images may be captured using any digital image format suitable for storage, viewing, and/or transmission over a network , par.27-28, fig.3-5). As to claims 1 and 15, Harris teaches the inventio substantially as claimed above but failed to explicitly teach a temperature sensor disposed on the depressor blade for generating a temperature signal representing a temperature in the pharynx; a signal interface disposed within the mounting interface, the signal interface being configured to receive and transmit the temperature signal to the smartphone. However, Zou teaches an analogous p haryngeal e xamination d evice (abstract, fig.1-4), comprising a tongue depressor ( tongue depressor 21 with proximal holding piece 22 , page 5, par.5-6, fig.1-4) wherein a temperature sensor disposed on the depressor blade for generating a temperature signa representing a temperature in the pharynx ( temperature acquisition module 233 having temperature sensor 2331 is electricall y connected to the control modul e 231 for collecting the temperature information in the oral cavity of the child patient , last par. Page 6 and page 7, Examiner respectfully notes that oral cavity temperature inherently include pharynx temperature ) ; a signal interface ( WiFi unit 2314, and a Bluetooth unit 2315 , page 5 and page 8 last par, fig.1-6) , the signal interface being configured to receive and transmit the temperature signal to the smartphone ( transmitting measured data in real-time using Wifi ad/or Bluetooth to phone or computer, last par. Page 8 ) . Since tongue depressor with temperature sensors are well-known in the art, so it would have been obvious to one having an ordinary skill in the art before the effective filing date of the invention to substitute tongue depressor 208 taught by Harris’s invention with tongue depressor 21 with proximal holding piece 22 having signal transmission interface to transmit data to a phone or computer, taught by Zou’s invention , th ereby ensuring the accuracy of the inspection of the child patient, thereby ensuring the effect of treatment , as taught by Zou’s invention (page 7, par.1). Also, i t would have been obvious to one having an ordinary skill in the art at the time the invention was made to place the signal transmission interface in holding piece 22 taught by Zou’s invention in retention 204 taught by Harri’s invention been held that rearranging parts of a device involves only routine skill in the art. In re Japikse , 86 USPQ 70. As to claim 6 , Harris in view of Zou teaches wherein the signal interface comprises: an electrical circuit for receiving the temperature signal and generating data representing the temperature signal; and a wireless transmitter for transmitting the data representing the temperature signal to the smartphone ( control unit 2311 , and WiFi unit 2314, and a Bluetooth unit 2315, page 5 and page 8 last par, fig.1-6). As to claim 7 , Harris in view of Zou teaches wherein the signal interface further comprises a power source operable to supply operating current to the electrical circuit and the wireless transmitter ( charging unit 2316 , page 8). As to claim 8 , Harris teaches wherein the mounting interface is configured to mechanically couple to the smartphone such as to provide an unobstructed field of view for the illuminator and the camera (as best seen in fig.2-3, retention 204 is not obstructing the field of view) . As to claim 9 , Harris teaches wherein the mounting interface is configured to mechanically couple to the smartphone by one of: magnetically coupling to the smartphone; one or more attachment features configured to clip the mounting interface to the smartphone ( housing 202 may have pivotal joint 206 between housing 202 and retention structure 204 , par.23, fig.2-3) ; or an integrated smartphone case configured to receive and retain a smartphone ( device 200 may include a housing 202 defining a cavity that generally matches the external contour of housing 102 of computing device 100. In that regard, housing 202 may be shaped similar to a phone case or a partial phone case , par.22). As to claim 10 , Harris teaches wherein the depressor blade comprises a single-use depressor blade that is discarded after use (blade 208 must be disposable for hygienic purpose, and/or can be reused). As to claim 11 , Harris in view of Zou wherein the temperature sensor is sealingly embedded within the depressor blade to facilitate cleaning for reuse of the depressor blade after being used to depress a patient's tongue ( temperature acquisition module 233 having temperature sensor 2331 is embedded in holding piece 22, as best seen in fig.3-6) . As to claim 20 , Harris teaches wherein the program codes further direct the processor to stream image data over a data network for viewing by a remotely located health care worker ( mages may be captured using any digital image format suitable for storage, viewing, and/or transmission over a network , par.27, capture images and/or transmit images across network 403 to application services 404 running on server 406 , par.28, fig.4). Allowable Subject Matter Claims 2-5, 12-14 and 16-19 are 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT MAY A ABOUELELA whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-7917 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 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, FILLIN "SPE Name?" \* MERGEFORMAT JACQUELINE CHENG can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 5712725596 . 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. /MAY A ABOUELELA/ Primary Examiner, Art Unit 3791
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Prosecution Timeline

Mar 21, 2023
Application Filed
Mar 29, 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

1-2
Expected OA Rounds
75%
Grant Probability
99%
With Interview (+37.7%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 737 resolved cases by this examiner. Grant probability derived from career allow rate.

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