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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/13/2026 has been entered.
Claim 1 has been amended as per the amendment field on 8/13/2026.
Currently Claims 1-11 are pending and prosecuted.
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 Oren-Artzi et al., US Patent Publication 2021/0282634, henceforth known as Oren-Artzi.
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,
in which said oral opening is shaped in such a way that the lens of the cell phone can see several teeth,
in which said oral opening defined by the spacer extends in a vertical plane, passing through a center of the oral opening, preferably perpendicular to an axis connecting said center of the oral opening and a center of the acquisition opening,
in which said oral opening having its largest dimension according to an axis horizontal in a service position and perpendicular to the axis connecting the centers of the oral and of the acquisition openings.
Oren-Artzi et al., US Patent Publication 2021/0282634 discloses an intraoral adapter that comprises an elongated housing comprising a viewing channel between a proximal portion and distal portion of the elongated housing, where a mobile device is placed at, on, near or adjacent to the distal end in order to capture one or more intraoral images of one or more intraoral regions of a subject’s mouth and a proximal end 130 comprises an flange that is placed in a subject’s mouth between a tooth portion and gum portion of the subject’s mouth (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 intraoral adapter is used to remotely monitor a dental anatomy or a dental condition of a subject, such as development, appears, and/or condition of the subject’s teeth, where a field of view defined by a viewing channel is sized and shaped to permit the subject to capture oe or more intraoral images or videos comprising a full dental arch of the subject, as seen in Figure 10 (in which said oral opening is shaped in such a way that the lens of the cell phone can see several teeth). A longitudinal axis of the viewing channel is substantially aligned with an optical axis of the camera of the mobile device. The longitudinal axis of the viewing channel may extend from the distal portion of the elongated housing to the proximal portion of the elongated housing. The longitudinal axis may coincide with a central axis of the intraoral adapter that extends from a center of a first opening of the elongated housing to a center of a second opening of the elongated housing. The first opening of the elongated housing may be located at a distal portion of the elongated housing, and the second opening of the elongated housing may be located at a proximal portion of the elongated housing. The optical axis of the camera may correspond to an imaging axis that extends from the lens of the camera to the one or more intraoral regions of the subject's mouth. The imaging axis may be substantially orthogonal to the lens of the one or more cameras of the mobile device (in which said oral opening defined by the spacer extends in a vertical plane, passing through a center of the oral opening, preferably perpendicular to an axis connecting said center of the oral opening and a center of the acquisition opening). A dimension of a viewing channel may vary in size and/or shape between the distal end of the elongated housing and the proximal end 130 of the elongated housing. The cross-sectional width of the viewing channel 150 may gradually increase from the distal end 120 of the elongated housing to the proximal end of the housing, such that a cross-sectional shape of the viewing channel 150 at the distal end 120 of the elongated housing may be different than a cross-sectional shape of the viewing channel 150 at the proximal end 130 of the elongated housing, such as a cross-sectional width of the distal end 120 of the elongated housing 110 may be less than a cross-sectional width of the proximal end 130 of the elongated housing 110 (in which said oral opening having its largest dimension according to an axis horizontal in a service position and perpendicular to the axis connecting the centers of the oral and of the acquisition openings) (Figure 1, 5A, 5B, 6A-6F, 10; [0050-0059]; [0077]; [0083]; [0102];).
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 Oren-Artzi 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, in which said oral opening is shaped in such a way that the lens of the cell phone can see several teeth, in which said oral opening defined by the spacer extends in a vertical plane, passing through a center of the oral opening, preferably perpendicular to an axis connecting said center of the oral opening and a center of the acquisition opening, in which said oral opening having its largest dimension according to an axis horizontal in a service position and perpendicular to the axis connecting the centers of the oral and of the acquisition openings. The motivation to combine these analogous arts is because Oren-Artzi teaches an intraoral adapter comprising an elongated housing with a viewing channel configured to define a field of view of an intraoral region of a subjects moth for image capture using a camera of a mobile device, where the cross-sectional shape of the viewing channel at a proximal end of the elongated housing is different from a cross-sectional shape of a distal end of the elongated housing, (Oren-Artzi: [0005]; [0058-0059];).
Regarding Claim 2, The combination of Savani and Oren-Artzi 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 (Savani: 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 Oren-Artzi teaches wherein the plate is movable on the base incrementally (Savani: 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 Oren-Artzi teaches 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 Oren-Artzi 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 Oren-Artzi 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 Oren-Artzi 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 Oren-Artzi teaches wherein the adapter is removably attached to the spacer (Savani: 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 Oren-Artzi et al., US Patent Publication 2021/0282634, henceforth known as Oren-Artzi, and in further view of Holzer, US Patent Publication 2009/0194956
Regarding Claim 3, The combination of Savani and Oren-Artzi 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 Oren-Artzi 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 Oren-Artzi 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 Oren-Artzi 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
Applicant’s arguments with respect to claims 1-11 have been fully considered, but they are directed to claims as amended, and therefore are moot in view of the new grounds of rejection presented above.
Conclusion
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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/PATRICK F MARINELLI/Primary Examiner, Art Unit 2699
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