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 .
Response to Amendment
The Amendment filed 01/09/2026 has been entered. Claims 1, 8, 11, 15-16, and 23-24 have been amended. Claims 14 and 26 have been canceled. Claims 1-5, 8-11, 15-20, 23-25, and 27 are still pending in the application.
Response to Arguments
Applicant's arguments, see page 7, filed 01/09/2026, Claim 1 has been amended to include the limitation “handheld scanning probe”. The amended claim 1 now has a narrower scope. With respect to the rejection of amended claim 1 under 35 USC 103 have been fully considered and are persuasive. However, upon further consideration, a new ground(s) of rejection is made of previously cited reference Jensen (US Pub 2015/0176969 A1) in view of Wong et al. (US Pub 2019/0008390 A1), further in view of Atiya et al. (US Pub 2018/0192877 A1), the details of which can be found below.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 9-11, 15-17, 24-25, and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Jensen (US Pub 2015/0176969 A1) in view of Wong et al. (US Pub 2019/0008390 A1)(hereinafter, “Wong”), further in view of Atiya et al. (US Pub 2018/0192877 A1)(hereinafter, “Atiya”).
Regarding claim 1, Jensen teaches an optical coherence tomography scanner(a distance measuring interferometric system that operates based on the optical coherence tomography principle, [0050]), the optical coherence tomography scanner comprising:
a wavelength-tunable light source (discloses a wavelength-modulated laser source, [0041] and “the laser source, which is tunable with regard to the wavelength”, [0050]) configured to generate scanning light having a range of wavelengths(discloses a tunable wavelength range, [0041] and [0050]);
a scanning probe (a probe head 10, [0044-0045]) having a scanning head (optical unit part 10c, [0049]) that directs light to the sample(discloses a probe structure with an optical unit part 10c that emits light onto a sample surface, [0052-0053]);
a light circulator (optical circulator 2, [0042]) configured:
to direct the scanning light through at least a first optical fiber for conveying light to the scanning head(discloses the optical circulator 2 directs the scanning light into the fiber that conveys light to the optical unit 10c, [0047] and [0052-0053]);
to direct a sample signal, having scattered and reflected light from the sample and through at least the first optical fiber, to a detector(discloses the light backscattered from the surface 4 travels through the same fiber back to the optical circulator 2, which then directs it to the radiation detector 5, [0042] and [0047]);
to direct a reference signal, having light reflected back from a partial reflection apparatus(discloses reflection at gradient-index (GRIN) lens interface functions as the partial reflector, [0042] and [0053]) through at least the first optical fiber (uses a common-path interferometer setup that uses a single optical fiber to send and receive both the sample and reference signals, [0042] and [0053]), to the detector(to the radiation detector 5, [0042]);
wherein the detector (the radiation detector 5) forms a digital output signal (discloses the detector output is processed in an evaluation unit, implies digitization of the analog detector output, [0042] and [0063]) indicative of interference ([0063]) of the combined sample signal and the reference signals (discloses that both sample and reference signals are combined and sent to the detector, [0042]).
Jensen fails to disclose an optical coherence tomography scanner for imaging an intraoral sample, and a display configured to form an image of sample features according to the digital output signal.
Wong teaches an optical coherence tomography scanner (OCT system, [0068-0071]) for imaging an intraoral sample (intraoral OCT, [0068] and [0080]), and a display (display 72, [0069]) configured to form an image of sample features ([0078]) according to the digital output signal (discloses a system and method that takes digital interference signals from a detector, processes them using a CPU 70, and displays the resulting images of sample features on a connected display 72, [0069] and [0082-0084]) .
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate intraoral imaging and display features of Wong to Jensen to improve imaging flexibility, speed and real-time visualization capabilities, thereby enabling more accurate intraoral optical coherence tomography scanning ([0014] and [0065]).
Jensen in view of Wong fail to disclose a handheld scanning probe having a scanning head that directs light to the intraoral sample.
Atiya teaches a handheld scanning probe (discloses handheld apparatus, handheld scanner, handheld dental scanning apparatuses, [0011], [0022] and [0057]) having a scanning head (discloses front tip, compact intraoral tip, [0015], [0022], and [0063]) that directs light ([0017], [0063], and [0074]) to the intraoral sample (discloses intraoral dental scanning, [0008], [0030], and [0057]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate a handheld scanning probe of Atiya to Jensen in view of Wong to improve portability, intraoral accessibility, and compactness ([0060]).
Regarding claim 2, Jensen teaches wherein the partial reflection apparatus (discloses reflection at gradient-index (GRIN) lens interface functions as the partial reflector, [0042] and [0053]) is disposed to reflect light from the at least the first optical fiber(uses a common-path interferometer setup that uses a single optical fiber to send and receive both the sample and reference signals, [0042] and [0053]).
Regarding claim 9, Jensen teaches the scanning head (optical unit part 10c, [0049]) but fails to disclose is configured for intraoral scanning.
Wong teaches wherein the scanning head (probe 46, [0080]) is configured for intraoral scanning (intraoral OCT, [0068] and [0080]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate intraoral imaging features of Wong to Jensen to improve imaging flexibility, speed and real-time visualization capabilities, thereby enabling more accurate intraoral optical coherence tomography scanning ([0014] and [0065]).
Regarding claim 10, Jensen teaches wherein the scanning head (optical unit part 10c, [0049]) scans the light in one or two dimensions (discloses optical unit part 10c uses line (1D) or matrix (2D) microlens arrays for scanning, [0059]).
Regarding claim 11, Jensen teaches wherein at least one of: (a) the light circulator and first optical fiber are housed within the scanning probe, (b) the detector is housed within the scanning probe([0046]), or (c) the wavelength-tunable light source is housed within the scanning probe(discloses the tunable laser source can be placed in the probe head’s base part 10a, [0050]).
Jensen in view of Wong fail to disclose a handheld scanning probe.
Atiya teaches a handheld scanning probe (discloses handheld apparatus, handheld scanner, handheld dental scanning apparatuses, [0011], [0022] and [0057]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate a handheld scanning probe of Atiya to Jensen in view of Wong to improve portability, intraoral accessibility, and compactness ([0060]).
Regarding claim 15, Jensen teaches wherein the light circulator (optical circulator 2, [0042]) is configured to direct scanning light for two or more channels (discloses a system that includes multiple parallel measurement channels [0050-0052], and it uses a single optical circulator in the interferometric beam path [0042], the optical circulator is inherently configured to direct scanning light for multi-channel operation).
Regarding claim 16, Jensen teaches an optical coherence tomography scanner(a distance measuring interferometric system that operates based on the optical coherence tomography principle, [0050]), the optical coherence tomography scanner comprising:
a wavelength-tunable light source (discloses a wavelength-modulated laser source, [0041] and “the laser source, which is tunable with regard to the wavelength”, [0050]) configured to generate scanning light having a range of wavelengths (discloses a tunable wavelength range, [0041] and [0050]);
a scanning probe (a probe head 10, [0044-0045]) having a scanning head (optical unit part 10c, [0049]) that directs light to the sample(discloses a probe structure with an optical unit part 10c that emits light onto a sample surface, [0052-0053]);
a light circulator (optical circulator 2, [0042]) configured to direct light to and from ([0042]) a plurality of channels(discloses multiple parallel measurement channels [0050-0052]), each channel having:
a signal detector(the radiation detector 5, [0042] and [0054]);
an optical fiber (fiber 11, [0052]) in optical communication with the signal detector and the wavelength-tunable light source (discloses that fiber 11 connects the light source, the sample via the optical unit, and the detector, per channel, [0052-0054] and [0065]), for conveying the scanning light from the wavelength-tunable light source to the scanning head (discloses the optical circulator 2 directs the scanning light into the fiber that conveys light to the optical unit 10c, [0047] and [0052-0053]) and for combining the scanning light that is reflected from a partial reflection apparatus (discloses reflection at gradient-index (GRIN) lens interface functions as the partial reflector, [0042] and [0053]) with scattered and reflected light from the sample (discloses the light backscattered from the surface 4 travels through the same fiber back to the optical circulator 2, which then directs it to the radiation detector 5, [0042] and [0047]);
wherein the signal detector (the radiation detector 5) forms a digital output signal (discloses the detector output is processed in an evaluation unit, implies digitization of the analog detector output, [0042] and [0063]) indicative of interference ([0063]) of the combined light from each of the plurality of channels(discloses that for each channel, the sample signal and the reference signal are combined and sent together to the radiation detector, [0042] and [0061-0065]).
Jensen fails to disclose an optical coherence tomography scanner for imaging an intraoral sample, and a display configured to form an image of sample features according to the digital output signal.
Wong teaches an optical coherence tomography scanner (OCT system, [0068-0071]) for imaging an intraoral sample (intraoral OCT, [0068] and [0080]), and a display (display 72, [0069]) configured to form an image of sample features ([0078]) according to the digital output signal (discloses a system and method that takes digital interference signals from a detector, processes them using a CPU 70, and displays the resulting images of sample features on a connected display 72, [0069] and [0082-0084]) .
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate intraoral imaging and display features of Wong to Jensen to improve imaging flexibility, speed and real-time visualization capabilities, thereby enabling more accurate intraoral optical coherence tomography scanning ([0014] and [0065]).
Jensen in view of Wong fail to disclose a handheld scanning probe having a scanning head that directs light to the intraoral sample.
Atiya teaches a handheld scanning probe (discloses handheld apparatus, handheld scanner, handheld dental scanning apparatuses, [0011], [0022] and [0057]) having a scanning head (discloses front tip, compact intraoral tip, [0015], [0022], and [0063]) that directs light ([0017], [0063], and [0074]) to the intraoral sample (discloses intraoral dental scanning, [0008], [0030], and [0057]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate a handheld scanning probe of Atiya to Jensen in view of Wong to improve portability, intraoral accessibility, and compactness ([0060]).
Regarding claim 17, Jensen teaches wherein the partial reflection apparatus (discloses reflection at gradient-index (GRIN) lens interface functions as the partial reflector, [0042] and [0052]) receives light from the optical fiber(receives light from fiber 11, [0042] and [0052]).
Regarding claim 24, Jensen teaches wherein the light circulator (optical circulator 2, [0042]) is housed together with the scanning head (optical unit part 10c, [0049]) inside the scanning probe (a probe head 10, discloses the optical circulator 2 is part of interferometric setup and probe head integrates all or most components of the interferometric distance measuring arrangement, [0046-0050]).
Jensen in view of Wong fail to disclose a handheld scanning probe.
Atiya teaches a handheld scanning probe (discloses handheld apparatus, handheld scanner, handheld dental scanning apparatuses, [0011], [0022] and [0057]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate a handheld scanning probe of Atiya to Jensen in view of Wong to improve portability, intraoral accessibility, and compactness ([0060]).
Regarding claim 25, Jensen teaches wherein the scanning head (optical unit part 10c, [0049]) scans the light in one or two dimensions (discloses optical unit part 10c uses line (1D) or matrix (2D) microlens arrays for scanning, [0059]).
Regarding claim 27, Jensen teaches the scanning head (optical unit part 10c, [0049]) but fails to disclose is configured for intraoral scanning.
Wong teaches wherein the scanning head (probe 46, [0080]) is configured for intraoral scanning (intraoral OCT, [0068] and [0080]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate intraoral imaging features of Wong to Jensen to improve imaging flexibility, speed and real-time visualization capabilities, thereby enabling more accurate intraoral optical coherence tomography scanning ([0014] and [0065]).
Claims 3 -5, 8, 18-20, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Jensen (US Pub 2015/0176969 A1) in view of Wong et al. (US Pub 2019/0008390 A1)(hereinafter, “Wong”), further in view of Atiya et al. (US Pub 2018/0192877 A1)(hereinafter, “Atiya”), further in view of Tearney et al. (US Pub 2006/0109478 A1)(hereinafter, “Tearney”).
Regarding claim 3, Jensen teaches wherein the partial reflection apparatus(discloses reflection at gradient-index (GRIN) lens interface functions as the partial reflector, [0042] and [0053]).
Jensen in view of Wong, further in view of Atiya fails to disclose a partially reflective surface of a window or a plate.
Tearney teaches the partial reflection apparatus (optical exemplary element 310, [0030]) is provided by a partially reflective surface of a window or a plate(“…the inner surface of the outer sheath or the outer surface of the transparent sheath and/or the like”, indicates that element 310 includes planar surfaces that partially reflect light, [0030]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to modify Jensen in view of Wong, further in view of Atiya by incorporate a planar, partially reflective surface of Tearney to Jensen in view of Wong to reduce fringe instability and improve imaging speed and real-time visualization capabilities ([0030-0032]).
Regarding claim 4, Jensen in view of Wong, further in view of Atiya fails to disclose wherein the window or the plate is a wedge.
Tearney teaches wherein the window or the plate is a wedge (discloses angling of optical interfaces to eliminate fringe ambiguities and spurious reflections, implies the use of wedge-shaped elements, [0030]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to modify Jensen in view of Wong, further in view of Atiya by incorporate a wedge-shaped element of Tearney to Jensen in view of Wong to reduce fringe instability and improve imaging speed and real-time visualization capabilities ([0030-0032]).
Regarding claim 5, Jensen in view of Wong, further in view of Atiya fails to disclose wherein the partial reflection apparatus consists of: (a) a beam splitter and a mirror, (b) a mirror that back reflects part of the light, or (c) a mirror that steers part of the light to a back-reflecting mirror.
Tearney teaches wherein the partial reflection apparatus (optical exemplary element 310, [0030]) consists of: (a) a beam splitter and a mirror (a beam splitter 640 and a reference mirror 660, [0035]), (b) a mirror that back reflects part of the light(a dielectric mirror, a partially reflecting metal mirror, [0030]), or (c) a mirror that steers part of the light to a back-reflecting mirror.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to modify Jensen in view of Wong, further in view of Atiya by incorporate a beam splitter and a mirror or a mirror that back reflects part of the light of Tearney to Jensen in view of Wong to reduce fringe instability and improve imaging speed and real-time visualization capabilities ([0030-0032]).
Regarding claim 8, Jensen in view of Wong, further in view of Atiya fails to disclose wherein the partial reflection apparatus is the mirror that steers part of the light to the back-reflecting mirror and the part of the light that is steered is near a center of the mirror.
Tearney teaches wherein the partial reflection apparatus(optical exemplary element 310, [0030]) is the mirror that steers part of the light (discloses the beam splitter 640 steers light toward reference mirror 660, [0035]) to the back-reflecting mirror (reference mirror 660 acts as the back-reflection mirror, [0035]) and the part of the light that is steered is near a center of the mirror(beam splitting at central optical path inside miniature interferometer 680, [0035]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to modify Jensen in view of Wong, further in view of Atiya by incorporate a beam splitter and a mirror that steers part of the light to a back-reflecting mirror of Tearney to Jensen in view of Wong to reduce fringe instability and improve imaging speed and real-time visualization capabilities ([0030-0032]).
Regarding claim 18, Jensen teaches wherein the partial reflection apparatus(discloses reflection at gradient-index (GRIN) lens interface functions as the partial reflector, [0042] and [0053]).
Jensen in view of Wong, further in view of Atiya fails to disclose a partially reflective surface of a window or a plate.
Tearney teaches the partial reflection apparatus (optical exemplary element 310, [0030]) is provided by a partially reflective surface of a window or a plate(“…the inner surface of the outer sheath or the outer surface of the transparent sheath and/or the like”, indicates that element 310 includes planar surfaces that partially reflect light, [0030]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to modify Jensen in view of Wong, further in view of Atiya by incorporate a planar, partially reflective surface of Tearney to Jensen in view of Wong to reduce fringe instability and improve imaging speed and real-time visualization capabilities ([0030-0032]).
Regarding claim 19, Jensen in view of Wong, further in view of Atiya fails to disclose wherein the window or the plate is a wedge.
Tearney teaches wherein the window or the plate is a wedge (discloses angling of optical interfaces to eliminate fringe ambiguities and spurious reflections, implies the use of wedge-shaped elements, [0030]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to modify Jensen in view of Wong, further in view of Atiya by incorporate a wedge-shaped element of Tearney to Jensen in view of Wong to reduce fringe instability and improve imaging speed and real-time visualization capabilities ([0030-0032]).
Regarding claim 20, Jensen in view of Wong, further in view of Atiya fails to disclose wherein the partial reflection apparatus consists of: (a) a beam splitter and a mirror, (b) a mirror that back reflects part of the light, or (c) a mirror that steers part of the light to a back-reflecting mirror.
Tearney teaches wherein the partial reflection apparatus (optical exemplary element 310, [0030]) consists of: (a) a beam splitter and a mirror (a beam splitter 640 and a reference mirror 660, [0035]), (b) a mirror that back reflects part of the light(a dielectric mirror, a partially reflecting metal mirror, [0030]), or (c) a mirror that steers part of the light (discloses the beam splitter 640 steers light toward reference mirror 660, [0035]) to a back-reflecting mirror (reference mirror 660 acts as the back-reflection mirror, [0035]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to modify Jensen in view of Wong, further in view of Atiya by incorporate a beam splitter and a mirror or a mirror that back reflects part of the light of Tearney to Jensen in view of Wong to reduce fringe instability and improve imaging speed and real-time visualization capabilities ([0030-0032]).
Regarding claim 23, Jensen in view of Wong, further in view of Atiya fails to disclose wherein the partial reflection apparatus is the mirror that steers part of the light to the back-reflecting mirror and the part of the light that is steered is near a center of the mirror.
Tearney teaches wherein the partial reflection apparatus(optical exemplary element 310, [0030]) is the mirror that steers part of the light (discloses the beam splitter 640 steers light toward reference mirror 660, [0035]) to the back-reflecting mirror (reference mirror 660 acts as the back-reflection mirror, [0035]) and the part of the light that is steered is near the center of the mirror(beam splitting at central optical path inside miniature interferometer 680, [0035]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to modify Jensen in view of Wong, further in view of Atiya by incorporate a beam splitter and a mirror that steers part of the light to a back-reflecting mirror of Tearney to Jensen in view of Wong to reduce fringe instability and improve imaging speed and real-time visualization capabilities ([0030-0032]).
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 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 CHRISTINA XING whose telephone number is (571)270-7743. The examiner can normally be reached Monday - Friday 9AM - 5 PM.
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/C.X./ Examiner, Art Unit 2877
/Kara E. Geisel/ Supervisory Patent Examiner, Art Unit 2877
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