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 .
Information Disclosure Statement
The information disclosure statement(s) submitted on 8/24/2026, 11/03/2025, 2/04/2025 and 1/10/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
Claim 14 is 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.
Regarding claim 14, the term “long period” in claim 14 is a relative term which renders the claim indefinite. The term “long” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 4, and 8-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yancey et al. (US 20210361396 A1) (hereinafter Yancey).
Regarding claim 1, Yancey discloses:
A method of dental telehealth provision comprising: [See Yancey, Fig. 23, ¶ 0133 discloses a user scanning teeth for tele-dentistry purposes using a scanning device.]
a. receiving patient self-input data, provided digitally, [See Yancey, ¶ 0005, 0083 Figs. 1b, 25 illustrate directing a user to use a scanning device, subsequently receiving data from a scanner via a user’s mobile device.] using a home dental camera; [See Yancey, ¶ 0086, 0155, Figs. 2, 26a discloses a scanning device 102, 2600 with cameras 206, 208.]
b. identifying a dental health issue from said patient self-input data; [See Yancey, ¶ 0141 discloses that a dental condition is diagnosed from the data received from a user; See Yancey, Fig. 25 element 1110.]
c. generating a treatment protocol including at least one activity to be carried out by the patient for treatment of said dental health issue; and [See Yancey, ¶ 0142-0143 discloses that a treatment plan is determined based on the diagnosed dental condition. The display 602 may provide the user with instructions as to how to prevent the receding gumline from worsening. The user 902 may also be connected to a dental practitioner through the mobile application 600 such that the dental practitioner can provide the user 902 with advice as to how to care for the dental condition. As another example, the user 902 may have a cracked tooth. The display 602 may provide the user 902 with instructions as to how to perform a temporary repair, and also connect the user 902 with a dental practitioner near the user 902 such that the dental practitioner can fix the problem in a more permanent fashion.]
d. communicating said treatment protocol to said patient. [See Yancey, ¶ 0136, 0142-0143 discloses that the display 602 may provide the user with instructions as to how to prevent the receding gumline from worsening. Further, that the user is notified of a condition on the display of a mobile device. The display may provide other messages to help the user manage the diagnosed dental condition.]
Regarding claim 4, Yancey discloses all the limitations of claim 1.
Yancey discloses:
wherein said generating includes a dental healthcare professional specifying one or more feature of said treatment protocol. [See Yancey, ¶ 0142-0143 discloses that a treatment plan is determined based on the diagnosed dental condition. The display 602 may provide the user with instructions as to how to prevent the receding gumline from worsening. The user 902 may also be connected to a dental practitioner through the mobile application 600 such that the dental practitioner can provide the user 902 with advice as to how to care for the dental condition. As another example, the user 902 may have a cracked tooth. The display 602 may provide the user 902 with instructions as to how to perform a temporary repair, and also connect the user 902 with a dental practitioner near the user 902 such that the dental practitioner can fix the problem in a more permanent fashion.]
Regarding claim 8, Yancey discloses all the limitations of claim 1.
Yancey discloses:
wherein said treatment protocol includes instructions for one or more of:
a. using medication; and
b. dental self-treatment. [See Yancey, ¶ 0142-0143 discloses that a treatment plan is determined based on the diagnosed dental condition. The display 602 may provide the user with instructions as to how to prevent the receding gumline from worsening. The user 902 may also be connected to a dental practitioner through the mobile application 600 such that the dental practitioner can provide the user 902 with advice as to how to care for the dental condition. As another example, the user 902 may have a cracked tooth. The display 602 may provide the user 902 with instructions as to how to perform a temporary repair.]
Regarding claim 9, Yancey discloses all the limitations of claim 1.
Yancey discloses:
wherein said self-input data comprises at least one image. [See Yancey, ¶ 0059-0063, 0110 discloses that image data from scans may be combined to generate an acceptable scan.]
Regarding claim 10, Yancey discloses all the limitations of claim 1.
Yancey discloses:
wherein said self-input data comprises a plurality of images, at least two of said plurality of images including different portions of a user's mouth. [See Yancey, ¶ 0059-0063, 0110 discloses after the scan of the first set of teeth is complete, the application provides a message 624 to the patient 302 instructing the patient 302 to orient the scanning device 102 to scan the other set of teeth. Additionally, that image data from scans may be combined to generate an acceptable scan.]
Regarding claim 11, Yancey discloses all the limitations of claim 1.
Yancey discloses:
wherein said self-input data comprises a plurality of images acquired during different scans. [See Yancey, ¶ 0059-0063, 0110 discloses after the scan of the first set of teeth is complete, the application provides a message 624 to the patient 302 instructing the patient 302 to orient the scanning device 102 to scan the other set of teeth. Additionally, that image data from scans may be combined to generate an acceptable scan.]
Regarding claim 12, Yancey discloses all the limitations of claim 1.
Yancey discloses:
wherein said identifying comprises displaying said user self-input to a healthcare professional; and [See Yancey, ¶ 0085 discloses 3D images of the user's teeth captured by the scanning device 102 can be communicated directly to other locations (e.g., the office of a dental professional, etc.).]
receiving inputs from said healthcare professional. [See Yancey, ¶ 0085, 0143 discloses 3D images of the user's teeth captured by the scanning device 102 can be communicated directly to other locations (e.g., the office of a dental professional, etc.) by way of one or more of the towers 182-186 for diagnostic purposes, treatment purposes, or any other purpose.]
Regarding claim 13, Yancey discloses all the limitations of claim 1.
Yancey discloses:
wherein said identifying comprises using artificial intelligence to automatically identify said dental health issue. [See Yancey, ¶ 0059-0063 discloses providing input data to machine learning circuit of the device to analyze and diagnose health issues according to a confidence level.]
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.
Claim(s) 2, 5, 7, and 14-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yancey et al. (US 20210361396 A1) (hereinafter Yancey) in view of Oren-Artzi (US 20230149129 A1) (hereinafter Oren-Artzi).
Regarding claim 2, Yancey discloses all the limitations of claim 1.
Yancey does not appear to explicitly disclose:
wherein said home dental camera comprises a camera of a personal electronic device coupled to an add-on which spatially transfers a field of view of said camera through a body of said add-on.
However, Oren-Artzi discloses:
wherein said home dental camera comprises a camera of a personal electronic device coupled to an add-on which spatially transfers a field of view of said camera through a body of said add-on. [See Oren-Artzi, Fig. 2a illustrates a mobile device 300 coupled to an adaptor (110) which spatially transfers a field of view of the camera through a body of the adapter (via, viewing channel 150).]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Yancey to add the teachings of Oren-Artzi in order to provide a patient-side software application and practitioner-side software application, enabling real-time communication and sharing of images, videos, or data between one or more patients and one or more caregivers.
Regarding claim 5, Yancey discloses all the limitations of claim 1.
Oren-Artzi discloses:
wherein said generating comprises using a look-up table and or using a best practices database. [See Oren-Artzi, ¶ 0095 discloses in some cases, processing the dental scans may comprise comparing one or more pixel values within a dental scan to a set of reference pixel values within a reference image. The set of reference pixel values may be accessed through a database that is located remote from a mobile device of the patient. In some cases, the set of reference pixel values may indicate a certain dental condition (e.g., a presence of plaque or a presence of cavities).]
The reasons to combine the cited prior art are applicable to those presented for previously rejected claim 2.
Regarding claim 7, Yancey discloses all the limitations of claim 1.
Oren-Artzi discloses:
comprising adjusting said treatment protocol based on one or more of user preference and user likely compliance. [See Oren-Artzi, ¶ 0083-0085 discloses updating/modifying/changing a treatment timeline if the dental scans suggest that the patient is showing faster than expected progress and/or a favorable response during the course of treatment.]
The reasons to combine the cited prior art are applicable to those presented for previously rejected claim 2.
Regarding claim 14, Yancey discloses all the limitations of claim 1.
Oren-Artzi discloses:
wherein said self-input data comprises a plurality of images acquired during different scans over a long period; and [See Oren-Artzi, ¶ 0095 discloses the first dental scan may be obtained during a first scanning session (e.g., at a first treatment milestone and date) and the second dental scan may be obtained during a second scanning session that is initiated after the first scanning session (e.g., at a second treatment milestone and date).]
said identifying includes identifying variation in the oral cavity over said long period. [See Oren-Artzi, ¶ 0095 discloses comparing a first dental scan to a second dental scan may comprise tracking a change in a shape of a subject's dental arches between the first dental scan and the second dental scan.]
The reasons to combine the cited prior art are applicable to those presented for previously rejected claim 2.
Regarding claim 15, Yancey discloses all the limitations of claim 1.
Oren-Artzi discloses:
wherein said identifying comprises categorizing said dental health issue; and [See Oren-Artzi, ¶ 0097 discloses classifying the dental scans based on the dental features present within the dental scans. In some cases, processing the dental scans may comprise classifying the dental scans based on a type of dental treatment that is being remotely monitored.]
wherein said generating comprises generating based on said categorizing. [See Oren-Artzi, ¶ 0096-0098 discloses classifying the dental scans based on the dental features present within the dental scans. In some cases, processing the dental scans may comprise classifying the dental scans based on a type of dental treatment that is being remotely monitored. The dental scans may be used to build a database of temporal and treatment-based images.
The reasons to combine the cited prior art are applicable to those presented for previously rejected claim 2.
Regarding claim 16, Yancey in view of Oren-Artzi discloses all the limitations of claim 15.
Oren-Artzi discloses:
wherein said categorizing comprises categorizing said dental health issue as one or more of:
acute,
chronic, or [See Oren-Artzi, ¶ 0097 discloses classifying the dental scans based on the dental features present within the dental scans. In some cases, processing the dental scans may comprise classifying the dental scans based on a type of dental treatment that is being remotely monitored. The dental scans may be used to build a database of temporal and treatment-based images; See Oren-Artzi, ¶ 0096-0098 discloses formulating a treatment plan/timeline for tracking changes to a dental condition of a patient over time.]
a potential future dental health issue.
Regarding claim 17, Yancey discloses all the limitations of claim 1.
Oren-Artzi discloses:
comprising monitoring said user. [See Oren-Artzi, ¶ 0050-0052 discloses monitoring a patient’s teeth.]
The reasons to combine the cited prior art are applicable to those presented for previously rejected claim 2.
Regarding claim 18, Yancey in view of Oren-Artzi discloses all the limitations of claim 17.
Oren-Artzi discloses:
wherein said monitoring comprises receiving additional patient self-input data, provided digitally, using a home dental camera. [See Oren-Artzi, ¶ 0069-0070, 0102, 0104-0105 discloses receiving a plurality of intraoral scans from a patient home dental camera.]
The reasons to combine the cited prior art are applicable to those presented for previously rejected claim 2.
Regarding claim 19, Yancey in view of Oren-Artzi discloses all the limitations of claim 18.
Oren-Artzi discloses:
wherein said monitoring comprises communicating monitoring instructions to said user. [See Oren-Artzi, ¶ 0010-0011, 0051, 0078-0079 discloses providing personalized or customized instructions for how to take intraoral photos.]
The reasons to combine the cited prior art are applicable to those presented for previously rejected claim 2.
Regarding claim 20, Yancey in view of Oren-Artzi discloses all the limitations of claim 18.
Oren-Artzi discloses:
comprising assessing outcome of said treatment protocol using said additional patient self-input data. [See Oren-Artzi, ¶ 0102-0104 discloses the dental models may be configured to update, modify, or change a dental patient's treatment plan and/or treatment timeline based on the patient's input dental scans and the dental data set compiled using dental scans captured by other patients.]
The reasons to combine the cited prior art are applicable to those presented for previously rejected claim 2.
Regarding claim 21, Yancey in view of Oren-Artzi discloses all the limitations of claim 20.
Oren-Artzi discloses:
comprising adjusting said treatment protocol based on said assessing. [See Oren-Artzi, ¶ 0083-0085 discloses updating/modifying/changing a treatment timeline if the dental scans suggest that the patient is showing faster than expected progress and/or a favorable response during the course of treatment.]
The reasons to combine the cited prior art are applicable to those presented for previously rejected claim 2.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yancey et al. (US 20210361396 A1) (hereinafter Yancey) in view of Pesach et al. (US 20200359777 A1) (hereinafter Pesach).
Regarding claim 3, Yancey discloses all the limitations of claim 1.
Yancey does not appear to explicitly disclose:
wherein said home dental camera is hosted by a toothbrush device.
However, Pesach discloses:
wherein said home dental camera is hosted by a toothbrush device. [See Pesach, Fig. 3, ¶ 0234 discloses a toothbrush 302 equipped with a camera and cooperating memory/processing.]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Yancey to add the teachings of Pesach in order to enable image collection of a user’s teeth for diagnosis/evaluation during brushing and/or scanning with a toothbrush. (Pesach, para. 0221)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK E DEMOSKY whose telephone number is (571)272-8799. The examiner can normally be reached Monday - Friday 7-4 EST.
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/PATRICK E DEMOSKY/ Primary Examiner, Art Unit 2486
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