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 .
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.
Claim(s) 1-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farkash et al. (US 2022/0338723) hereinafter known as Farkash, and further in view of Binkowski (US 2021/0127979) and Pesach et al. (US 2024/0268935).
With regards to claim 1, Farkash discloses systems for monitoring a subject's teeth during orthodontic treatment (Abstract), comprising:
an extra-oral image taking device (Abstract; “These smartphone dental imaging apparatuses may be configured to easily and robustly interface with the user's smartphone to allow capture of dental images.”)(user’s smartphone FIG. 1A; 101), comprising
a support ([0079]; FIG. 1B; elongate tubular body 105),
a mouthpiece ([0085]; FIG. 2) ([0100]; A patient interface 1313 (e.g., mouthpiece)) that defines a mouthpiece opening [0085] and is carried by the support ([0022]; “…the patient interface (e.g., mouthpiece) and/or the elongate tubular body may be pivotably connected,…”),
an image acquisition apparatus ([0030]; smartphone dental imaging apparatuses) attached to the support 105 and comprising a camera (smatrtphone 101) for acquiring at least one image of a dental scene [0041] seen through the mouthpiece opening [0030][0100][0101], and
the image acquisition apparatus comprises a screen ([0084]; smartphone display screen) and/or the support defining an image taking chamber [0031][0083], the image acquisition apparatus being at least partially accommodated in the image taking chamber (FIG. 1A; [0080][0081]).
Farkash teaches of application software that can be used with the smartphone. The application software may be used to process image(s) remotely by passing the image onto a remote server [0027]. Farkash further teaches that the apparatuses may be used by the patient to take images of dentition and soft tissue (gums, tongue, cheeks) and upload the images to a remote site (e.g., cloud, including a remote processor). A doctor can use the images to detect issues which require dental follow up such as plaque, caries, gum recession/inflammation, chipped teeth, bruxism, damages restoration, etc. [0121]. Also, Farkash teaches
Farkash do not specifically disclose an additional display device comprising a screen for displaying an image representing the scene acquired by the image acquisition apparatus.
In the same field of endeavor, Binkowski discloses an intra-oral scanning device that utilizes a mouthpiece (Abstract) and scanning sensors, comprising of visible light cameras [0015], to perform scanning of an oral cavity (Abstract; [0007]). Binkowski teaches that the intra-oral scanning device comprises a wireless data interface for transferring scanner data gathered a signal collector signal collector [0026]( The signal collector comprises a scanning sensor, see [0015]). The data interface is arranged to transfer data gathered by the signal collector to a remote computer or a remote display. Also, the remote display can be a display distant from the intra-oral scanning device [0027].
In view of Binkowski, it would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to modify the system, of Farkash, with a remote/distant display or remote/distant computer that can receive, process and display captured dental/oral images. The motivation is to allow the patient to provide oral images using a smartphone and have the captures oral images to be reviewed and analyzed by a doctor, dentist, or caregiver at a remote/distant location.
Farkash teaches that the smartphone dental imaging apparatuses may be configured as a smartphone attachment and can be used for at-home monitoring [0006][0029][0093][0096].
Neither Farkash nor Binkowski teach of an image taking kit.
In the same field of endeavor, Pesach discloses an intraoral scanning device that includes a dental add-on and an imager (Abstract). Pesach teaches of a kit comprising add-ons according examples 41-42 [0078][0079]. Example 41 teaches of an electronic communication device including an imager, a body that can be at least partially inserted into a human mouth, an optical path configured to adapt the FOV of the imager, and a polarized light source [0071]-[0074]. These apparatuses/components correlate to the apparatuses/components of modified Farkash. Therefore, it would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to configure and/or view the dental, supporting electronics, and optical components, of modified Farkash, as a “home kit” that can be assembled and utilized by the patient at home or a remote location.
With regards to claim 2, modified Farkash discloses the kit according to claim 1, the display device being chosen from a cell phone (Pesach; [0293]; cell phone)(Farkash; Abstract; smartphone), a digital tablet, and a desktop computer (Farkash; [0126])(Binkowski; [0092]).
With regards to claim 3, modified Farkash discloses the kit according to claim 1, comprising a communication module for transferring images acquired by the image taking device to the display device. (see the rejection of claim 1)
With regards to claim 4, modified Farkash discloses the kit according to claim 3, the communication module being a wireless communication module (Binkowski; [0026]) (Pesach; [0107]), in particular by radio (Pesach; [0107]; RF).
With regards to claim 5, modified Farkash discloses the kit according to claim 3, the communication module comprises a data transmission cable, for example of the USB type (Binkowski; [0043][0086][0092]), for connecting the image taking device to the display device (Binkowski; [0092]; see the rejection of claim 1), and the image taking device and the display device each comprise a connection socket for plugging in the data transmission cable (Binkowski; [0074]; “The USB 3.0 connector can have a male plug to cooperate with a female socket from the main part of the intra-oral scanning device.”).
With regards to claim 6, modified Farkash discloses the kit according to claim 1, comprising a control module for triggering image acquisition. (Farkash; [0126])(Binkowski; [0033][0082])
With regards to claim 7, modified Farkash discloses the kit according to claim 6, the control module comprising a computer program (Pesach; [0103]) comprising instructions for guiding the user to position the image taking device in at least one image acquisition position (Farkash; [0027][0126])(Pesach; [0250]; FIG. 2B; 252), and a processor for executing the computer program (Farkash; [0027][0126])(Pesach; [0109]).
With regards to claim 8, modified Farkash discloses the kit according to claim 7, the computer program comprising instructions for processing the acquired image(s), in order to provide at least one item of information to the user. (Farkash; [0027][0126])
With regards to claim 9, modified Farkash discloses the kit according to claim 1, the image acquisition apparatus may comprise several cameras , in particular arranged along different lines of sight and each for acquiring different views of the same dental scene. (Farkas; [0011])
With regards to claim 10, modified Farkash discloses the kit according to claim 1, the image acquisition apparatus having a volume of less than 40 cm3. (The references do not specifically disclose the claim limitation. However, Farkash teaches that the patient interface may be configured to comfortably fit within a variety of patient mouth sizes comfortably, while still maximizing the field of view [0019]. Also, [0085] teaches “The patient interface may be configured to provide minimal discomfort for the patient when inserting, removing and taking images using the apparatus.” Farkash further teaches that the length of the tubular body can be configured to optimize the focus and field of view [0020]. It would be obvious to one ordinary skill within the art to apply such optimization principle to the focus and field of view of the dental imaging apparatus of modified Farkash. The motivation is to gain a minimal sized dental imaging apparatus wherein the volume of less than 40 cm3 would provide a size that would provide comfortable use for the patient as well as providing an an optimized focus and field of view.)
With regards to claim 11, modified Farkash discloses the kit according to claim 1, the area of the surface covered by the mouthpiece opening being greater than 2 cm2. (The references do not specifically disclose the claim limitation, however, Farkash do teach “… the mouthpiece region may has a length of between about 50 mm to about 75 mm …, and a width of between about 35 and about 55 mm ...” Taking the length at 50 mm and width at 35 mm, 50 mm x 35 mm = 1750 mm2 , 1750 mm2 = 17.5 cm2 . 17.5 cm2 > 2 cm2 )
With regards to claim 12, modified Farkash discloses the kit according to claim 1, the support comprising a hollow support portion extending longitudinally (Farkash; FIG. 1B-1C), the mouthpiece extending the hollow support portion (Farkash; [0079][0080])(Binkowski; [0068]).
With regards to claim 13, modified Farkash discloses the kit according to claim 12, the mouthpiece being integral with the hollow support portion or being mounted (Farkash; [0022]), in particular removably (Farkash; [0100]); FIG. 1B-1C; 103), on the hollow support portion (Farkash; 105).
With regards to claim 14, modified Farkash discloses the kit according to claim 1, the camera being less than 15 cm, preferably less than 7 cm, more preferably less than 6 cm and most preferably more than 2.5 cm from the mouthpiece. (Farkash; [0020]; 70 mm = 7 cm which is less than 15 cm.)
With regards to claim 15, modified Farkash discloses the kit according to claim 1, the image acquisition apparatus being different from a cell phone. (Farkas; [0011])(Binkowski; [0015][0099]; scanning sensors)
With regards to claim 16, modified Farkash discloses the kit according to claim 1, the image acquisition apparatus comprising an additional screen (see the rejection of claim 1), in particular the image acquisition apparatus being a cell phone (Pesach; [0293]; cell phone)(Farkash; Abstract; smartphone).
With regards to claim 17, modified Farkash discloses the method of taking extrabuccal images using the image taking kit according to claim 1, the method comprising
a) gripping the support and positioning the mouthpiece in the mouth of a user (Farkash; [0010][0084]),
b) acquiring at least one image of the user's lower dental arch and/or upper dental arch by the image acquisition apparatus (Farkash; [0014]), and
c) displaying the image on the display device which is visible to the user (Farkash; [0126]; see the rejection of claim 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Reuvenney et al. (US 2023/0190109)
Liang (US 2023/0148852)
Katzman et al. (US 11,382,718)
Hefetz et al. (US 2018/0160887)
Katzman et al. (US 11,382,718)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUGH H MAUPIN whose telephone number is (571)270-1495. The examiner can normally be reached M-F 7:30 - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uzma Alam can be reached at 571-272-3995. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUGH MAUPIN/ Primary Examiner, Art Unit 2884
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