Prosecution Insights
Last updated: April 19, 2026
Application No. 18/770,509

INTRAORAL SCANNING SYSTEM COMPONENT PAIRING

Non-Final OA §102§103
Filed
Jul 11, 2024
Examiner
BROWN JR, HOWARD D
Art Unit
2488
Tech Center
2400 — Computer Networks
Assignee
Align Technology, Inc.
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
To Grant
96%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
571 granted / 649 resolved
+30.0% vs TC avg
Moderate +8% lift
Without
With
+7.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
19 currently pending
Career history
668
Total Applications
across all art units

Statute-Specific Performance

§101
4.6%
-35.4% vs TC avg
§103
45.5%
+5.5% vs TC avg
§102
22.7%
-17.3% vs TC avg
§112
6.3%
-33.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 649 resolved cases

Office Action

§102 §103
DETAILED ACTION 1. This Office Action is sent in response to Applicant’s communication received on 07/11/2024 for application number 18/770,509. The Office herby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, and claims. Notice of Pre-AIA or AIA Status 2. 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 3. The information disclosure statement (IDS) submitted on 03/11/2025, 06/30/2025 is in accordance with provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 102 4. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 5. Claim(s) 1-4, 6-8,10-17 and 19-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Elazar [US Pub. No.: 2018/0263483 A1]. Re. Claim 1, Elazar [US Pub. No.: 2018/0263483 A1] discloses: An intraoral scanning system comprising: an intraoral scanner [Fig.1 intraoral scanner 100]; and a base unit [Fig.5 base station 500] comprising a computing device scanner [Base station 500 includes a computer 510 |Fig.5 0073] and a cradle for the intraoral [base station 500 includes two cradles 504A and 504B]; wherein: responsive to placement of the intraoral scanner into the cradle [Fig. 5 intraoral smart device is attached to cradle 504A or 504B], the intraoral scanner causes the base unit to wirelessly broadcast a unique identifier according to a first wireless communication protocol and receives the unique identifier [When attached, the data transmitted may include configuration information that configures a secure wireless connection between smart mirror device 100 and base station, To the examiner the secure wireless connection is equivalent to a first wireless communication protocol …. Wherein the smart mirror device wireless identification may include a globally unique ID for smart mirror 100. It may also be timestamped and digitally signed 500 |0075-0077,0114]; and the intraoral scanner is configured to use the unique identifier to establish a wireless connection with the base unit according to a second wireless communication protocol [intraoral scanning device is configured to establish a secure wireless connection with a base unit….The identification may include a globally unique ID for smart mirror 100. It may also be timestamped and digitally signed |0075-0077, 0114]. Re. Claim 2, Elazar discloses: The intraoral scanning system of claim 1, wherein responsive to the intraoral scanner being powered on, the intraoral scanner establishes the wireless connection with the base unit [each cradle 504 includes a connector 506 wherein connector 506 may be adapted to couple with a data connection as well. |0075-0076, 0101]. Re. Claim 3, Elazar discloses: The intraoral scanning system of claim 2, wherein a component of the intraoral scanner is configured to remain powered even while the intraoral scanner is turned off, and wherein the component of the intraoral scanner is configured to store the unique identifier in a memory [Base station connector 958 may provide the wireless configuration information (such as a service set identifier and password) to communication subsystem 929, as is discussed below. And, when docked to a base station, base station connector 958 may signal orientation measuring device 912 or software in memory 930 to calibrate.|0101]. Re. Claim 4, Elazar discloses: The intraoral scanning system of claim 2, wherein after the intraoral scanner is powered on, the intraoral scanner is configured to: generate a plurality of intraoral scans of a patient's dental arch [intraoral scanner is configured to scan inside patients mouth when turned on |Figs. 3&4]; and wirelessly transmit the plurality of intraoral scans to the base unit over the wireless connection [Smart mirror intraoral scanning device can transmit base station 500 |Fig. 8A &B]. Re. Claim 6, Elazar discloses: The intraoral scanning system of claim 1, wherein the first wireless communication protocol is a contactless communication protocol, and wherein the second wireless communication protocol is a wireless local area network (WLAN) protocol [Smart mirror device 100 and tablet 806 may be connected using a wireless connection, such as Wi-Fi. In particular, base station 500 may act as a Wi-Fi router and provide network routing and address information to smart mirror device 100 and tablet 806. |Fig. 8A &B, 0090-0091]. Re. Claim 7, Elazar discloses: The intraoral scanning system of claim 1, wherein the base unit further comprises a wireless access point that provides a wireless local area network (WLAN) associated with the unique identifier [Smart mirror device 100 and tablet 806 may be connected using a wireless connection, such as Wi-Fi. In particular, base station 500 may act as a Wi-Fi router and provide network routing and address information to smart mirror device 100 and tablet 806… Identification module 954 identifies smart mirror device 100 to a remote computational device. In some embodiments, identification module 954 implements an authentication handshake protocol in which the identification occurs over a network session|0090,0101, 0107, 0114]. Re. Claim 8, Elazar discloses: The intraoral scanning system of claim 7, wherein: the cradle comprises a contactless communication chip [Cradle 504A and 504B configured to communicate wirelessly |0090], wherein the computing device is connected to the contactless communication chip via a wired connection through which the computing device is configured to receive the unique identifier from the contactless communication chip [Base station 500 may be connected to the Internet either through a wired LAN in the dental office. Server 856 is a computerized process adapted to run in one or more remote server computers. |0091, 0114], and wherein the computing device is configured to set a name of the WLAN to match the unique identifier of the contactless communication chip [communication subsystem 929 is adapted to connect to a wireless network, including, but not limited to, WiFi and/or Bluetooth. In some embodiments, communication subsystem 929 is adapted to attach to a wired network, including, but not limited to, Ethernet, USB or thunderbolt. |0107 |0114]. Re. Claim 10, Elazar discloses: The intraoral scanning system of claim 1, wherein: the cradle comprises a contactless communication chip [each cradle 504 includes a connector 506. Connector 506 may be adapted to couple with connector 152 in FIG. 1, through an electrical connection and, perhaps, a data connection as well.|0075]; and intraoral scanner comprises a contactless communication reader that is configured to read the unique identifier from the contactless communication chip [intraoral scanning device is configured to establish a secure wireless connection with a base unit….smart mirror 100 may receive control and signaling information through base station connector 958. For example, base station connector 958 may receive information needed to configure a wireless communication connection between smart mirror 100 and the base station |0075-0077, 0101, 0114]. Re. Claim 11, Elazar discloses: The intraoral scanning system of claim 1, wherein the intraoral scanner is configured to establish the wireless connection with the base unit automatically without user input [intraoral scanning device is configured to connect wirelessly without user input |Fig. 8B, 0114]. Re. Claim 12, Elazar discloses: The intraoral scanning system of claim 1, wherein the intraoral scanner comprises a display [Fig. 8 display is connected to a intraoral scanner ], and wherein the display is configured to output a notice while the intraoral scanner is not connected to any base unit [smart mirror device 100 transmits images and other information to base station 500, which transmits the information for display on tablet 806. The communication paths are illustrated in FIG. 8B. |0088]. Re. Claim 13, Elazar discloses: The intraoral scanning system of claim 1, wherein the base unit comprises a display [Fig. 8 base station 500 is connected to display 806], and wherein the display is configured to output a notice while the base unit is not connected to any intraoral scanner [base station 500 transmits images and other information to base station 500, which transmits the information for display on tablet 806. The communication paths are illustrated in FIG. 8B. |0088]. Re. Claim 14, Elazar discloses: The intraoral scanning system of claim 1, wherein responsive to a determination by the base unit that it is connected to a plurality of intraoral scanners [Fig. 5 base station 500 is configured to connect to a plurality of intraoral scanners 504A and 504B], the base unit is configured to: send a message to the plurality of intraoral scanners to which the base unit is connected prompting the plurality of intraoral scanners to read a contactless communication chip of the base unit and provide the unique identifier read from the contactless communication chip to the base unit [Base unit 500 configured transmit configuration information and transmit data between to intraoral smart mirror device and base station… wherein identification module 954 implements an authentication handshake protocol in which the identification occurs over a network session |0076, 0077, 0101, 0107, 0114], wherein only an intraoral scanner of the plurality of intraoral scanners currently in the cradle of the base unit successfully reads the unique identifier [identification module 954 couples an identification to data prior to the data being transferred to a remote computational device. The identification may include a globally unique ID for smart mirror 100. It may also be timestamped and digitally signed.|0114]; receive the unique identifier from the intraoral scanner currently in the cradle of the base unit [The identification may include a globally unique ID for smart mirror 100. It may also be timestamped and digitally signed |0114]; and disconnect a remainder of the plurality of intraoral scanners from which the unique identifier was not received [If the unique identifier was not received from the intraoral smart mirror device then there would be no reason to disconnect a scanner because it would not have been connected initially |0114]. Re. Claim 15, Elazar discloses: A wireless intraoral scanner for an intraoral scanning system [Fig.1 intraoral scanner 100]; and a base unit [Fig.5 base station 500], comprising: a contactless communication reader to read a unique identifier from a contactless communication tag of a base unit of the intraoral scanning system [a secure wireless connection between smart mirror device 100 and base station, … The identification may include a globally unique ID for smart mirror 100. It may also be timestamped and digitally signed 500 |0075-0077,0114]; and a wireless network interface module to receive the unique identifier from the contactless communication reader [identification module 954 couples an identification to data prior to the data being transferred to a remote computational device |0114] and use the unique identifier to establish a wireless connection with a wireless access point of the base unit that provides a wireless local area network (WLAN) [Smart mirror device 100 and tablet 806 may be connected using a wireless connection, such as Wi-Fi. In particular, base station 500 may act as a Wi-Fi router and provide network routing and address information to smart mirror device 100 and tablet 806. The WiFi router or network routing is equivalent to establishing a WLAN |0090, 0114] |Fig. 8B, 0090, 0114], wherein a name of the WLAN corresponds to the unique identifier [communication subsystem 929 is adapted to connect to a wireless network, including, but not limited to, WiFi and/or Bluetooth. In some embodiments, communication subsystem 929 is adapted to attach to a wired network, including, but not limited to, Ethernet, USB or thunderbolt. |0107 |0114]. Re. Claim 16, Elazar discloses: The wireless intraoral scanner of claim 15, wherein responsive to the wireless intraoral scanner being powered on, the wireless intraoral scanner establishes the wireless connection with the wireless access point of the base unit [smart mirror 100 may receive electrical power through base station connector 958, which may be used to charge power subsystem 921. In addition, smart mirror 100 may receive control and signaling information through base station connector 958. For example, base station connector 958 may receive information needed to configure a wireless communication connection between smart mirror 100 and the base station.|0101]. Re. Claim 17, Elazar discloses: The wireless intraoral scanner of claim 16, further comprising: a control unit that remains powered even while the wireless intraoral scanner is turned off, wherein the control unit of the wireless intraoral scanner comprises a memory to store the unique identifier [Base station connector 958 may provide the wireless configuration information (such as a service set identifier and password) to communication subsystem 929, as is discussed below. And, when docked to a base station, base station connector 958 may signal orientation measuring device 912 or software in memory 930 to calibrate.|0101]. Re. Claim 19, Elazar discloses: The wireless intraoral scanner of claim 15, wherein: the contactless communication reader of the wireless intraoral scanner is configured to read the contactless communication tag of the base unit responsive to the wireless intraoral scanner being placed in a cradle of the base unit [intraoral scanning device is configured to establish a secure wireless connection with a base unit….smart mirror 100 may receive control and signaling information through base station connector 958. For example, base station connector 958 may receive information needed to configure a wireless communication connection between smart mirror 100 and the base station |0075-0077, 0101, 0114]. Re. Claim 20, Elazar discloses: The wireless intraoral scanner of claim 15, wherein the wireless intraoral scanner is configured to establish the wireless connection with the base unit automatically without user input [intraoral scanning device is configured to connect wirelessly without user input |Fig. 8B, 0114]. Re. Claim 21, Elazar discloses: The wireless intraoral scanner of claim 15, wherein the wireless intraoral scanner comprises a display [Fig. 8 display is connected to a intraoral scanner], and wherein the display is configured to output a notice while the wireless intraoral scanner is not connected to any base unit [smart mirror device 100 transmits images and other information to base station 500, which transmits the information for display on tablet 806. The communication paths are illustrated in FIG. 8B. |0088]. Re. Claim 22, Elazar discloses: A base unit for an intraoral scanning system [Fig.1 intraoral scanner 100], comprising: a cradle comprising a contactless communication tag [Cradle has configured to communicate wirelessly |Fig. 5, Fig.8A, 504A & 504B 100]; a wireless access point [Fig.5 base station computer 510 has a wireless access point]; and a computing device having a connection to the contactless communication tag and to the wireless access point [Fig.5 base station computer 510 has a wireless access point]; wherein the computing device is configured to: read the contactless communication tag to determine a unique identifier of the contactless communication tag [Base unit 500 configured transmit configuration information and transmit data between to intraoral smart mirror device and base station… wherein identification module 954 implements an authentication handshake protocol in which the identification occurs over a network session |0076, 0077, 0101, 0107, 0114]; and configure the wireless access point to cause a wireless local area network (WLAN) associated with the wireless access point to have a name corresponding to the unique identifier [communication subsystem 929 is adapted to connect to a wireless network, including, but not limited to, Wi-Fi and/or Bluetooth. In some embodiments, communication subsystem 929 is adapted to attach to a wired network, including, but not limited to, Ethernet, USB or thunderbolt. |0107,0114]; wherein the contactless communication tag is configured to receive a wireless signal from a contactless communication reader of a first intraoral scanner of the intraoral scanning system and broadcast the unique identifier [identification module 954 identifies smart device 100 to a remote computational device, identification module 954 implements an authentication handshake protocol in which the identification occurs over a network session, wherein the handshake protocol is equivalent to broadcasting a unique identifier |0114]; and wherein the computing device is configured to receive a request from the first intraoral scanner to connect to the wireless access point to establish a wireless connection between the base unit and the first intraoral scanner [Fig. 8A element 100 first intraoral smart mirror includes an wireless connection with the base unit]. Re. Claim 23, Elazar discloses: The base unit of claim 22, wherein: the contactless communication tag is further to receive a second wireless signal from a second contactless communication reader of a second intraoral scanner and subsequently broadcast the unique identifier [identification module 954 couples an identification to data prior to the data being transferred to a remote computational device. The identification may include a globally unique ID for smart mirror 100. It may also be timestamped and digitally signed |0114]; and the computing device is further to receive a request from the second intraoral scanner to connect to the wireless access point and to establish a wireless connection between the base unit and the second intraoral scanner [Fig. 8A element 504a and 504b a second intraoral smart mirror includes an wireless connection with the base unit]. Re. Claim 24, Elazar discloses: The base unit of claim 22, further comprising: a display [Fig. 8 display is connected to a intraoral scanner ], wherein the base unit is configured to output a notice to the display until the base unit is connected to the first intraoral scanner [smart mirror device 100 transmits images and other information to base station 500, which transmits the information for display on tablet 806. The communication paths are illustrated in FIG. 8B. |0088]. Re. Claim 25, Elazar discloses: The base unit of claim 22, wherein responsive to a determination by the base unit that it is connected to a plurality of intraoral scanners [Fig. 5 base station 500 is configured to connect to a plurality of intraoral scanners 504A and 504B], the base unit is configured to: send a message to the plurality of intraoral scanners to which the base unit is connected prompting the plurality of intraoral scanners to read a contactless communication chip of the base unit and provide the unique identifier read from the contactless communication chip to the base unit [Base unit 500 configured transmit configuration information and transmit data between to intraoral smart mirror device and base station… wherein identification module 954 implements an authentication handshake protocol in which the identification occurs over a network session |0076, 0077, 0101, 0107, 0114], wherein only an intraoral scanner of the plurality of intraoral scanners currently in the cradle of the base unit successfully reads the unique identifier [identification module 954 couples an identification to data prior to the data being transferred to a remote computational device. The identification may include a globally unique ID for smart mirror 100. It may also be timestamped and digitally signed.|0114]; receive the unique identifier from the intraoral scanner currently in the cradle of the base unit [The identification may include a globally unique ID for smart mirror 100. It may also be timestamped and digitally signed |0114]; and disconnect a remainder of the plurality of intraoral scanners from which the unique identifier was not received [If the unique identifier was not received from the intraoral smart mirror device then there would be no reason to disconnect a scanner because it would not have been connected initially |0114]. Re. Claim 26, Elazar discloses: The base unit of claim 22, wherein the computing device has a wired connection to the contactless communication tag [Base station 500 may be connected to the Internet either through a wired LAN in the dental office. Server 856 is a computerized process adapted to run in one or more remote server computers. |0091, 0114]. Claim Rejections - 35 USC § 103 6. 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. 7. Claim(s) 5, 9 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Elazar in view of Ohtsuka et al., [US Pub. No.: 2023/0165454 A1]. Re. Claim 5, Elazar does not disclose: The intraoral scanning system of claim 4, wherein the base unit is configured to: generate a three-dimensional (3D) surface of at least a portion of the patient's dental arch based on the plurality of intraoral scans; and output the 3D surface to a display of the base unit. However in the same field of endeavor Ohtsuka discloses: The intraoral scanning system of claim 4, wherein the base unit is configured to: generate a three-dimensional (3D) surface of at least a portion of the patient's dental arch based on the plurality of intraoral scans [By using intraoral camera 10 of such an intraoral camera system, the user can capture an intraoral image showing the interior of their mouth and check their intraoral condition displayed on portable terminal 70 |Fig. 12a, 0088-0089]; and output the 3D surface to a display of the base unit [portable terminal 70 may display an image based on the created three-dimensional model |0089]. Therefore, It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to combine dental mirror device with affixed camera of Elazar with intraoral camera system and display method of Ohtsuka to have a portable intraoral camera system configured to display captured three-dimensional images. Re. Claim 9, Elazar does not disclose: wherein the base unit comprises a wheeled cart. However in the same field of endeavor Ohtsuka discloses: The intraoral scanning system of claim 1, wherein the base unit comprises a wheeled cart [portable terminal 70 may display an image based on the created three-dimensional model |0089]. Therefore, It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to combine dental mirror device with affixed camera of Elazar with intraoral camera system and display method of Ohtsuka to have a portable display system. Re. Claim 18, Elazar discloses: and wirelessly transmit the plurality of intraoral scans to the base unit over the wireless connection [Fig.8A & 8B], Elazar does not disclose: The wireless intraoral scanner of claim 16, wherein after the wireless intraoral scanner is powered on, the wireless intraoral scanner is configured to: generate a plurality of intraoral scans of a patient's dental arch; wherein the base unit is configured to generate a three-dimensional (3D) surface of at least a portion of the patient's dental arch based on the plurality of intraoral scans and output the 3D surface to a display of the base unit. However in the same field of endeavor Ohtsuka discloses: The wireless intraoral scanner of claim 16, wherein after the wireless intraoral scanner is powered on, the wireless intraoral scanner is configured to: generate a plurality of intraoral scans of a patient's dental arch [By using intraoral camera 10 of such an intraoral camera system, the user can capture an intraoral image showing the interior of their mouth and check their intraoral condition displayed on portable terminal 70. Thus, the user can readily check the health condition of their teeth |0088]; wherein the base unit is configured to generate a three-dimensional (3D) surface of at least a portion of the patient's dental arch based on the plurality of intraoral scans and output the 3D surface to a display of the base unit [portable terminal 70 may create a three-dimensional model of two or more teeth inside the user's mouth from two or more captured image data items. In addition, portable terminal 70 may display an image based on the created three-dimensional model |0089]. Therefore, It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to combine dental mirror device with affixed camera of Elazar with intraoral camera system and display method of Ohtsuka to have a portable intraoral camera system configured to display captured three-dimensional images. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOWARD D BROWN JR whose telephone number is (571)272-4371. The examiner can normally be reached Monday - Friday 7:30AM - 5:00PM EST. 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, Sathyanarayanan Perungavoor can be reached at 5712727455. 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. HOWARD D. BROWN JR Primary Examiner Art Unit 2488 /HOWARD D BROWN JR/Examiner, Art Unit 2488
Read full office action

Prosecution Timeline

Jul 11, 2024
Application Filed
Jan 29, 2026
Non-Final Rejection — §102, §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
88%
Grant Probability
96%
With Interview (+7.8%)
2y 3m
Median Time to Grant
Low
PTA Risk
Based on 649 resolved cases by this examiner. Grant probability derived from career allow rate.

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