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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/6/2026 has been entered.
Claims 1-11 are pending and prosecuted.
The examiner notes that no response to arguments or claim amendments were filed with the request for continued examination under 37 CFR 1.114, only an Information Disclosure Statement (IDS) was enclosed with the RCE.
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.
Claims 1, 2, 4, and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Sayani et al., US Patent Publication 2020/0060623, henceforth known as Sayani, in further view of Chen et al., US Patent Publication 2017/0171438
Regarding Claim 1, Sayani discloses an acquisition kit (Abstract: Figure 4 and 9; a device) comprising:
a cell phone having a front face, a rear face with a screen, and a side edge, defining the thickness of the cell phone and connecting the front and rear faces (Abstract; Figure 4 and 9; [0031]; a mobile device having a front face, rear face with a display screen, and side edges that define the thickness of the mobile device and connecting the front and rear faces);
the cell phone being provided with a 2D and/or 3D data acquisition lens (Abstract; Figure 4 and 9; [0031]; a camera 112 used to capture an antomical part of the body);
a cell phone holder (Figure 2-5 and 9; [0041-0052]; [0059-0064]; a “cell phone holder” comprising the following) comprising
a spacer (Figure 4 and 9; [0041-0052]; [0059-0064]; a truncated cone 408 )comprising
a body of generally tubular shape (Figure 4 and 9; [0041-0052]; [0059-0064]; as seen in the Figures, the truncated cone is of a “generally tubular shape”), and
an adapter attached to the spacer and defining with the spacer a chamber opening out through the oral opening and through an adapter opening, the adapter comprising a base to which the cell phone is rigidly attached, preferably removably, in an acquisition position in which the lens has an at least partial view of the oral opening, through the adapter opening and the acquisition opening-pal (Figure 4 and 9; [0041-0052]; [0059-0064]; a gripper part 212 (adapter) that is attached to the truncated cone 408 and defining with the cone 408 a “a chamber opening out through the oral opening and through an adapter opening”. The gripper part 212 comprises a center part 902 (base) to which the mobile device is “rigidly attached” with the use of the fixed clamping part 904 and adjustable clamping part 906, and can also be removed as well. The center part has brackets 908 which can allow the combination of lens-holder 204 and probe 104 to slide along until the positioning of the lens 108 is adjusted according to the location of the camera 112 on the mobile device 110 (in an acquisition position in which the lens has an at least partial view of the oral opening, through the adapter opening and the acquisition opening-pal) ) ,
in which kit the cell phone is attached to the base by clamping, and the adapter has a plate which is mounted movably on the base and to which the spacer is rigidly attached (Figure 4 and 9; [0041-0052]; [0059-0064]; The center part 902 can have brackets 908, which can allow the combination of lens-holder 204 and probe 104 to slide along until the positioning of the lens 108 is adjusted according to the location of the camera 112 on the mobile device 110. Once the positioning of the lens 108 is adjusted, all the parts of the device 102 can be secured so as to prevent any loosening during examination using the device 102).
However, Sayani doesn’t explicitly disclose a body of generally tubular shape, opening out through an oral opening intended to be inserted in the mouth of the user and through an acquisition opening, and
a distal flange extending outward from the body and shaped so as to be inserted between the user's lips and teeth.
Chen et al., US Patent Publication 2017/0171438, teaches a camera jig used for measuring teeth whiteness. Where the jig has a tubular structure having an open bottom end 121 physically connected or integrated with a base 103, where the tubular structure has an interior cavity that is entirely enclosed except for the window 117 and a slot 131 (a body of generally tubular shape, opening out through an oral opening intended to be inserted in the mouth of the user and through an acquisition opening). a base 103 to be positioned on the mouth over buccal surfaces of the one more teeth and by holding the wings 111 in their mouth using the inside of their lips (a distal flange extending outward from the body and shaped so as to be inserted between the user's lips and teeth), so that it can be securely position the camera jig in their mouth (Figures 1-4; [0025-0034];)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the disclosure of Savani to further include the teachings of Chen in order to provide a body of generally tubular shape, opening out through an oral opening intended to be inserted in the mouth of the user and through an acquisition opening, and a distal flange extending outward from the body and shaped so as to be inserted between the user's lips and teeth. The motivation to combine these arts is to provide apparatuses and methods for producing improved photographs suitable for measuring teeth whiteness with a handheld camera using a camera jig are provided (Chen: Abstract;).
Regarding Claim 2, The combination of Savani and Chen teaches wherein the plate is mounted slidingly on the base exclusively along a sliding direction parallel to a clamping direction along which the cell phone is clamped to the base (Figure 4 and 9; [0041-0052]; [0059-0064]; The center part 902 can have brackets 908, which can allow the combination of lens-holder 204 and probe 104 to slide along until the positioning of the lens 108 is adjusted according to the location of the camera 112 on the mobile device 110. The examiner considers the sliding direction to be parallel to the clamping direction to the cell phone).
Regarding Claim 4, The combination of Savani and Chen teaches wherein the plate is movable on the base incrementally (Figure 4 and 9; [0041-0052]; [0059-0064]; The center part 902 can have brackets 908, which can allow the combination of lens-holder 204 and probe 104 to slide along until the positioning of the lens 108 is adjusted according to the location of the camera 112 on the mobile device 110. The examiner considers the sliding along as being movable “incrementally”.).
Regarding Claim 9, The combination of Savani and Chen doesn’t explicitly teach wherein the plate and the spacer form a one-piece assembly.
However, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the combinational disclosure of Savani and Chen such that the gripper plate and the truncated cone form a one-piece assembly, since it has been held that forming in one piece an article which ahs formerly been formed in tow pieces and put together involves only routine skill in the art. Howard v Detroit Stove Works, 150 U.S. 164 (1893).
Therefore, the claimed subject matter of “wherein the plate and the spacer form a one-piece assembly” would have been obvious to one of ordinary skill in the art.
Regarding Claim 10, The combination of Savani and Chen doesn’t explicitly teach wherein the distal flange is made in one piece with the body.
However, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the combinational disclosure of Savani and Chen such that the gripper plate and the truncated cone form a one-piece assembly, since it has been held that forming in one piece an article which ahs formerly been formed in tow pieces and put together involves only routine skill in the art. Howard v Detroit Stove Works, 150 U.S. 164 (1893).
Therefore, the claimed subject matter of “wherein the plate and the spacer form a one-piece assembly” would have been obvious to one of ordinary skill in the art.
Regarding Claim 11, The combination of Savani and Chen teaches wherein the adapter is removably attached to the spacer (Figure 4 and 9; [0041-0052]; [0059-0064]; the gripper part 212 is considered by the examiner as removably attached to the truncated cone 408).
Claims 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Sayani et al., US Patent Publication 2020/0060623, henceforth known as Sayani, in further view of Chen et al., US Patent Publication 2017/0171438, and in further view of Holzer, US Patent Publication 2009/0194956
Regarding Claim 3, The combination of Savani and Chen doesn’t explicitly teach wherein the adapter has a deactivatable lock for selectively locking the plate in position in relation to the base.
However, Holzer, US Patent Publication 2009/0194956, teaches the use of a lock toothing 40 between a retaining plate 12 and a base plate 11. This activatable and deactivatable lock toothing 40 primarily serves as a means of securing and very firmly fixing the selectably adjustable and fixable positions of angular rotation or angles of rotation 20 between the retaining plate 12 and base plate 11. Compared with a friction coupling, such lock toothing 40 offers a very strong anti-rotation lock 41 between the circular retaining plate 12 and base plate 11. The lock toothing 40 and the anti-rotation lock 41 locks the actual pivot bearing 16 between the retaining plate 12 and base plate 11 in the active state ([0071];).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the combinational disclosure of Savani and Chen to further include the teachings of Holzer in order to provide wherein the adapter has a deactivatable lock for selectively locking the plate in position in relation to the base. The motivation to combine these arts is to provide a deactivable lock that serves as a means of securing and very firmly fixing the selectable adjustable and fixable positions between the retaining plate and the base plate (Holzer: [0071];).
Regarding Claim 5, The combination of Savani and Chen doesn’t explicitly teach wherein the adapter has a deactivatable non-return system preventing a return movement of the plate relative to the base.
However, Holzer, US Patent Publication 2009/0194956, teaches the use of a lock toothing 40 between a retaining plate 12 and a base plate 11. This activatable and deactivatable lock toothing 40 primarily serves as a means of securing and very firmly fixing the selectably adjustable and fixable positions of angular rotation or angles of rotation 20 between the retaining plate 12 and base plate 11. Compared with a friction coupling, such lock toothing 40 offers a very strong anti-rotation lock 41 between the circular retaining plate 12 and base plate 11. The lock toothing 40 and the anti-rotation lock 41 locks the actual pivot bearing 16 between the retaining plate 12 and base plate 11 in the active state ([0071];).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the combinational disclosure of Savani and Chen to further include the teachings of Holzer in order to provide wherein the adapter has a deactivatable non-return system preventing a return movement of the plate relative to the base. The motivation to combine these arts is to provide a deactivable lock that serves as a means of securing and very firmly fixing the selectable adjustable and fixable positions between the retaining plate and the base plate (Holzer: [0071];).
Allowable Subject Matter
Claims 6-8 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.
The following is a statement of reasons for the indication of allowable subject matter:
None of the prior art, made of record, singularly or in combination, teaches or fairly suggests the features present in dependent claims 6, 7, and 8.
Response to Arguments
The following arguments were previously presented in the final office action mailed on 3/13/2026. No new arguments have been presented.
Applicant's arguments filed 2/25/2026 have been fully considered but they are not persuasive.
The examiner respectfully disagrees with the applicants’ remarks towards the rejection of Claim 1 with Sayani in view of Chen. The applicant applicant's arguments are against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
As stated above in the rejection, Sayani does not teach the features of a body of generally tubular shape, opening out through an oral opening intended to be inserted in the mouth of the user and through an acquisition opening, and
a distal flange extending outward from the body and shaped so as to be inserted between the user's lips and teeth.
Chen et al., US Patent Publication 2017/0171438, teaches a camera jig used for measuring teeth whiteness. Where the jig has a tubular structure having an open bottom end 121 physically connected or integrated with a base 103, where the tubular structure has an interior cavity that is entirely enclosed except for the window 117 and a slot 131 (a body of generally tubular shape, opening out through an oral opening intended to be inserted in the mouth of the user and through an acquisition opening). a base 103 to be positioned on the mouth over buccal surfaces of the one more teeth and by holding the wings 111 in their mouth using the inside of their lips (a distal flange extending outward from the body and shaped so as to be inserted between the user's lips and teeth), so that it can be securely position the camera jig in their mouth (Figures 1-4; [0025-0034];)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the disclosure of Savani to further include the teachings of Chen in order to provide a body of generally tubular shape, opening out through an oral opening intended to be inserted in the mouth of the user and through an acquisition opening, and a distal flange extending outward from the body and shaped so as to be inserted between the user's lips and teeth. The motivation to combine these arts is to provide apparatuses and methods for producing improved photographs suitable for measuring teeth whiteness with a handheld camera using a camera jig are provided (Chen: Abstract;).
Therefore, the examiner maintains the rejection of Claim 1 for the reasons as stated above.
The examiner respectfully disagrees with the applicants remarks with regards to the use of Holzer for the same reasons as stated above.
Therefore, the rejections of Claims 1-5, and 9-11 are maintained as stated in the rejection above.
Conclusion
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK F MARINELLI whose telephone number is (571)270-3383. The examiner can normally be reached Monday - Friday: 8:00AM - 5:00PM PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, George Eng can be reached at (571)-272-7495. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK F MARINELLI/Primary Examiner, Art Unit 2699
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