DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Election/Restrictions
Claim 2 is allowable. The restriction requirement as set forth in the Office action mailed on 5/8/2026, has been reconsidered in view of the allowability of claims to the elected invention pursuant to MPEP § 821.04(a). The restriction requirement is hereby withdrawn as to any claim that requires all the limitations of an allowable claim. Specifically, the restriction requirement of claims 4-6 and 9 is withdrawn.
In view of the above noted withdrawal of the restriction requirement, applicant is advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Once a restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
It is noted that claims 2-24 are considered eligible subject matter. Claim 2 does not claim an abstract idea, but rather a scanner system claiming a particular machine with parts that are more than a generic computer (i.e. array of sensor elements, optical components, handheld triangulation 3D scanning device).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6 and 12 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites the limitation "the operation" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the internal structure" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 2-5, 7-11 and 13-24 are allowed. Claims 6 and 12 would be allowed if amended to overcome the above rejection.
Claim 2 contains allowable subject matter regarding the claimed scanner system comprising a handheld triangulation 3D scanning device capable of operating in the claimed two configurations: the first configuration acquiring the claimed first data set with EM signals in visual range of laser light in a 3D pattern and scans the surface of the object, in which the data processing unit generates a 3D representation based on the first data set, and the second configuration acquiring the claimed second data set with EM signals in the infrared range, in which the data processing unit provides a 2D image based on the second data set, the scanner system further comprising the claimed elements, components, the data processing unit, and the control unit for automatically changing between operating the scanning device in the first and second configurations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kathleen Yuan Dulaney whose telephone number is (571)272-2902. The examiner can normally be reached M-F: 9AM-5PM.
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, Emily Terrell can be reached at 5712703717. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATHLEEN Y DULANEY/Primary Examiner, Art Unit 2666 8/11/2026
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