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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “LB”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 2-4 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). Claim 2 recites wherein in the predetermined orientation of the imaging unit, the orientation of the imaging unit and a posture of a user have a predetermined relationship. Applicant attempts to define the orientation of the imaging unit by a relationship with a posture of a human user. Similarly, claims 3-4, which depend from claim 2, recite defining the orientation of the imaging by a relationship with a frontal plane of the user, a vertical axis of the user, or a tooth of the user. These limitations encompass using a human organism to define an orientation of the imaging unit.
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 2-5 are 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 2 recites wherein in the predetermined orientation of the imaging unit, the orientation of the imaging unit and a posture of a user have a predetermined relationship. Applicant attempts to define the orientation of the imaging unit by a relationship with a posture of a human user. It is unclear how the orientation of the imaging unit and a posture of a user have a predetermined relationship when a posture of a user can constantly change, such that it is indefinite. Similarly, claims 3-4, which depend from claim 2, also recite defining the orientation of the imaging by a relationship with a user. Accordingly, claims 2-4 are rendered indefinite.
Claim 5 recites wherein the signal processor identifies the initial orientation from an angle of a back of a chair intended to be sat on by a user. However, claim 1, from which claim 5 depends, recites that the signal processor obtains an initial orientation of the imaging unit. It is unclear how the initial orientation comes from both the imaging unit, as recited in claim 1, and an angle of a back of a chair, as recited in claim 5. Moreover, as the chair is not a structural component of the system, it is unclear how the signal processor identifies its angle. Accordingly, claim 5 is rendered indefinite.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-4 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Adachi (US 20140199651 A1).
Regarding claim 1, Adachi discloses an intraoral camera system comprising: an imaging unit (1; Fig. 2; par. [0047]) that includes a handle (2; Fig. 2; par. [0047]), a head (3; Fig. 2; par. [0058]), and a neck (4; Fig. 2; par. [0058]) and generates image data by capturing an image of a tooth inside a mouth, the head (3) including an image sensor (401; Fig. 2; par. [0055]-[0056]) for generating the image data, the neck (4) connecting the handle (2) and the head (3); a sensor (15; Figs. 3 and 6; par. [0052]-[0053] and [0075]) that detects an orientation of the imaging unit; a signal processor (120; Figs. 1 and 6; par. [0052], [0075], [0093] and [0097]) that performs signal processing using the orientation of the imaging unit detected by the sensor (15); and a display (111; Fig. 1; par. [0051] and [0159]) that displays the image data, wherein the signal processor (120) obtains an initial orientation of the imaging unit which is a predetermined orientation of the imaging unit (Fig. 4; par. [0052]), and performs the signal processing by treating a first direction from the handle (2) toward the head (3) in the initial orientation as a second direction that is a vertically upward direction parallel to a vertical axis (par. [0102] and [0115]).
Regarding claim 2, Adachi discloses the intraoral camera system according to claim 1, wherein in the predetermined orientation of the imaging unit, the orientation of the imaging unit and a posture of a user have a predetermined relationship (when user stands during brushing; see Fig. 17).
Regarding claim 3, Adachi discloses the intraoral camera system according to claim 2, wherein in the predetermined orientation, an imaging plane of the imaging unit is parallel to a frontal plane of the user, and the first direction and a vertical axis of the user match or are orthogonal to each other when viewed in a direction perpendicular to the imaging plane (when user stands during brushing and imaging unit is parallel or perpendicular to its longitudinal axis; see Fig. 17).
Regarding claim 4, Adachi discloses the intraoral camera system according to claim 2, wherein in the predetermined orientation, an imaging plane of the imaging unit is parallel to and faces a predetermined tooth (Fig. 17B), and the first direction and a height direction of the predetermined tooth match or are orthogonal to each other when viewed in a direction perpendicular to the imaging plane (Fig. 17B).
Regarding claim 6, Adachi discloses a signal processing method comprising: capturing an image of a tooth inside a mouth and generating image data by an imaging unit that includes a handle (2; Fig. 2; par. [0047]), a head (3; Fig. 2; par. [0058]) including an image sensor (401; Fig. 2; par. [0055]-[0056]) for generating the image data, and a neck (4; Fig. 2; par. [0058]) connecting the handle (2) and the head (3); detecting an orientation of the imaging unit (via 15; Figs. 3 and 6; par. [0052]-[0053] and [0075]); performing signal processing using the orientation of the imaging unit detected (via 120; Figs. 1 and 6; par. [0052], [0075], [0093] and [0097]); and displaying the image data (via 110/111; Fig. 1; par. [0051] and [0159]), wherein the signal processing includes: obtaining an initial orientation of the imaging unit which is a predetermined orientation of the imaging unit (Fig. 4; par. [0052]), and performing the signal processing by treating a first direction from the handle (2) toward the head (3) in the initial orientation as a second direction that is a vertically upward direction parallel to a vertical axis (par. [0102] and [0115]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pesach et al. US 2020/0214538 A1 User Interface for a Dental Measurement
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYNAE E BOLER whose telephone number is (571)270-3620. The examiner can normally be reached Mon - Fri 9:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached at 571-272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYNAE E BOLER/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
1/30/26