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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the phrase “The invention relates to…” can be implied. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 103
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.
Claim(s) 17-36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang, et al. (US 2015/0300816) in view of De Fresnoye (FR 3029768).
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Regarding claim 17, Yang discloses “a frame structure (Fig. 18, ref.# 30);”… “a dental operating light (Fig. 18, ref.# 455) connected to the frame structure by a second support construction (Fig. 18, ref.# 460); and a control system (Fig. 3, ref.# 30) configured to cause at least one of water, compressed air, power, and a control signal (paragraph 0014: control signal) to be delivered to”… “the dental operating light (Fig. 3, ref.# 22), wherein the dental operating light is configured to generate a light pattern of a desired shape at a desired distance (See Fig. 1a) from the dental operating light so as to illuminate a patient's oral cavity without glaring the patient; and wherein the dental operating light of the dental care unit comprises: a light projector (Fig. 10, ref.# 330) configured to emit the light pattern; a light control system (Fig. 3, ref.# 30) connected to the light projector; at least two integrated operationally adjustable optical cameras (Fig. 10, ref.# 320) arranged at a distance from each other; and a camera controller (Fig. 3, ref.# 30) connected to the optical cameras, wherein the camera controller is configured to be in operational connection with the light control system (See Fig. 3) .”
Yang discloses disclose the use of the camera and light system in the application of dentistry (See paragraph 0004). However, Yang does not explicitly teach “a dental care instrument connected to the frame structure by a first support construction” and a “control signal to be delivered to each of the dental care instrument”. However, the use of a second frame structure connected to a dental care instrument with an associated control of the instruments was well known in the art prior to the effective filing date of the claimed invention as taught by De Fresnoye (See Fig. 1)
[AltContent: textbox (Controller )][AltContent: textbox (Dental care instruments)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Support construction)][AltContent: arrow]
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De Fresnoye – Fig 1,
Thus, it would have been obvious to one having ordinary skill in the art prior to the effective fling date of the clamed invention to modify Yang to include“ a dental care instrument connected to the frame structure by a first support construction” and a “control signal to be delivered to each of the dental care instrument” in order to allow the user easy access and control of the tools needed to perform the medical procedure.
Regarding claim 18, Yang discloses “wherein the camera controller (Fig. 3, ref.# 30) is configured to receive electricity (paragraph 0014: control signal) from the light control system (Fig. 3, ref.# 30).”
Regarding claim 19, Yang discloses “wherein the light pattern is defined by a dental operating light standard.” (Fig. 10)
Regarding claim 20, Yang discloses “wherein the optical cameras (Fig. 3, ref.# 26) and light projector (Fig. 3, ref.# 22, 24) are configured to be controllable (Fig. 3, ref.# 30) together .”
Regarding claim 21, Yang discloses “wherein a frequency of the light pattern substantially corresponds to a frequency at which the optical cameras capture live images of at least a portion of the oral cavity.” (paragraphs 095, 0097, 0100)
Regarding claim 22, Yang discloses “wherein a first of the optical cameras (Fig. 10, ref.# 320: left side) is arranged at a distance in a first direction away from a center of the light projector (Fig. 10, ref.# 330), and wherein a second of the optical cameras (Fig. 10, ref.# 320: right side) is arranged at the distance in a second direction away from the center of the light projector.”
Regarding claim 23, Yang discloses “wherein the first direction is opposite from the second direction.” (See Fig. 10)
Regarding claim 24, Yang discloses “wherein the light control system (Fig. 3, ref.# 30) is configured to operate in response to the control signal (paragraph 0014: control signal).”
Regarding claim 25, Yang discloses “wherein the optical cameras (Fig. 10, ref.# 320) are arranged within a housing of the dental operating light (Fig. 10).”
Regarding claim 26, Yang discloses “wherein the light projector (Fig. 10, ref.# 330) is arranged within a housing of the dental operating light (Fig. 10).”
Regarding claim 27, Yang discloses “means (Fig. 3, ref.# 30) arranged in connection with the dental operating light (Fig. 3, ref.22) to pre-process image information generated by the optical cameras (Fig. 3, ref.# 26) such that an amount of image information forwarded from the dental operating light is less than an amount of image information generated by the optical cameras (paragraph 0053).”
Regarding claim 28, Yang discloses “wherein the dental operating light (Fig. 3, ref.# 22) is arranged in functional connection with a computer (Fig. 3, ref.# 30), and wherein said computer is configured to transmit information to the optical cameras (Fig. 3, ref.# 26) to limit an area of the patient's oral cavity about which image information is sent to the computer.”
Regarding claim 29, Yang discloses “wherein the optical cameras (Fig. 3, ref.# 26) comprise control electronics configured to recognize predefined information in captured image information and to forward at least one of only the predefined information and coordinates of an image location at which the predefined information was recognized.” (paragraph 0136: location of reference frame; paragraph 0139: “location… known a priori”
Regarding claim 30, Yang discloses “a frame (Fig. 18, ref.# 20)” with “the frame structure having a second support structure (Fig. 18, ref.# 460) to support an operating light (Fig. 18, ref.# 455) arranged for use in connection with the dental care procedure (paragraph 00040 and arranged to generate at a desired distance from the operating light a light pattern of a size and shape (See Fig. 1a )defined by a dental operating light standard so as to illuminate a patient's oral cavity without glaring the patient, wherein the operating light comprises: a light projector (Fig. 10, ref.# 330); a light control system(Fig. 3, ref.# 30); and structurally integrated with the operating light two optical cameras (Fig. 3, ref.# 320) arranged at a distance from each other, each optical camera at a distance away from the center of the light projector (Fig. 3, ref.# 330), and wherein the optical cameras are operatively integrated as part of the operating light by a camera controller (Fig. 3, ref.# 30) configured to receive control signals (paragraph 0014: control signal) from the light control system.”
Yang does not specifically teach “a frame having a first support structure to support at least one instrument to perform a dental care procedure for treating a patient; a control system by which to deliver at least one of water and compressed air needed to operate the at least one instrument”. However, the use of a frame having a first support structure to support at least one instrument to perform a dental care procedure for treating a patient; a control system by which to deliver at least one of water and compressed air needed to operate the at least one instrument was well known in the art prior to the effective filing date of the claimed invention as taught by De Fresnoye (See Fig. 1) Thus, it would have been obvious to one having ordinary skill in the art prior to the effective fling date of the clamed invention to modify Yang to include “a frame having a first support structure to support at least one instrument to perform a dental care procedure for treating a patient; a control system by which to deliver at least one of water and compressed air needed to operate the at least one instrument” in order to allow the user easy access and control of the tools needed to perform the medical procedure.
Regarding claim 31, Yang discloses “wherein at least a portion of a signal route for control of at least one of the optical cameras (Fig. 3, ref.# 260 is part of the operating light (Fig. 3, ref.# 22).”
Regarding claim 32, Yang discloses “wherein the camera controller (Fig. 3, ref.# 30) is configured to receive electricity (paragraph 0014: control signal) from the light control system.”
Regarding claim 33, Yang discloses “wherein the optical cameras (Fig. 3, ref.# 26) and light projector (Fig. 3, ref.# 24) are configured to be controllable (Fig. 3, ref.# 30) together.”
Regarding claim 34, Yang discloses “wherein a first of the optical cameras (Fig. 10, ref.# 320: left side) is arranged at a distance in a first direction away from a center of the light projector (Fig. 10, ref.# 330), wherein a second of the optical cameras (Fig. 10, ref.# 320: right side) is arranged at the distance in a second direction away from the center of the light projector and opposite to the first direction.”
Regarding claim 35, Yang discloses “wherein the optical cameras (Fig. 10, ref.# 320) and light projector (Fig. 10, ref.# 330) are arranged within a housing of the dental operating light (Fig. 10).”
Regarding claim 36, Yang discloses “wherein the dental operating light (Fig. 3, ref.# 22) is arranged in functional connection with a computer (Fig. 3, ref.# 30), and wherein said computer is configured to transmit information to the optical cameras (Fig. 3, ref.# 26) to limit an area of the patient's oral cavity about which image information is sent to the computer.”
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 17-20, 22-24, 27-31 and 36 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 12,102,300. Although the claims at issue are not identical, they are not patentably distinct from each other.
Current Application U.S. Patent No. 12,102,300
17. A dental care unit, comprising:
a frame structure;
a dental care instrument connected to the frame structure by a first support construction; a dental operating light connected to the frame structure by a second support construction; and
a control system configured to cause at least one of water, compressed air, power, and a control signal to be delivered to each of the dental care instrument and the dental operating light,
wherein the dental operating light is configured to generate a light pattern of a desired shape at a desired distance from the dental operating light so as to illuminate a patient's oral cavity without glaring the patient; and
wherein the dental operating light of the dental care unit comprises:
a light projector configured to emit the light pattern;
a light control system connected to the light projector; at least two integrated operationally adjustable optical cameras arranged at a distance from each other; and a camera controller connected to the optical cameras,
wherein the camera controller is configured to be in operational connection with the light control system.
18. The dental care unit of claim 17, wherein the camera controller is configured to receive electricity from the light control system.
19. The dental care unit of claim 17, wherein the light pattern is defined by a dental operating light standard.
20. The dental care unit of claim 17, wherein the optical cameras and light projector are configured to be controllable together.
22. The dental care unit of claim 17, wherein a first of the optical cameras is arranged at a distance in a first direction away from a center of the light projector, and wherein a second of the optical cameras is arranged at the distance in a second direction away from the center of the light projector.
23. The dental care unit of claim 22, wherein the first direction is opposite from the second direction.
24. The dental care unit of claim 17, wherein the light control system is configured to operate in response to the control signal.
27. The dental care unit of claim 17, further comprising means arranged in connection with the dental operating light to pre-process image information generated by the optical cameras such that an amount of image information forwarded from the dental operating light is less than an amount of image information generated by the optical cameras.
28. The dental care unit of claim 17, wherein the dental operating light is arranged in functional connection with a computer, and wherein said computer is configured to transmit information to the optical cameras to limit an area of the patient's oral cavity about which image information is sent to the computer.
29. The dental care unit of claim 17, wherein the optical cameras comprise control electronics configured to recognize predefined information in captured image information and to forward at least one of only the predefined information and coordinates of an image location at which the predefined information was recognized.
30. A dental care unit, comprising: a frame having a first support structure to support at least one instrument to perform a dental care procedure for treating a patient; a control system by which to deliver at least one of water and compressed air needed to operate the at least one instrument; and the frame structure having a second support structure to support an operating light arranged for use in connection with the dental care procedure and arranged to generate at a desired distance from the operating light a light pattern of a size and shape defined by a dental operating light standard so as to illuminate a patient's oral cavity without glaring the patient, wherein the operating light comprises: a light projector; a light control system; and structurally integrated with the operating light two optical cameras arranged at a distance from each other, each optical camera at a distance away from the center of the light projector, and wherein the optical cameras are operatively integrated as part of the operating light by a camera controller configured to receive control signals from the light control system.
31. The dental care unit of claim 30, wherein at least a portion of a signal route for control of at least one of the optical cameras is part of the operating light.
36. The dental care unit of claim 30, wherein the dental operating light is arranged in functional connection with a computer, and wherein said computer is configured to transmit information to the optical cameras to limit an area of the patient's oral cavity about which image information is sent to the computer.
1. A dental care unit, comprising:
a frame structure;
a support construction for supporting dental instruments used for dental care operations;
a control system; an arrangement via which to at least part of said instruments can be delivered power or control signals, or both, needed for their operation, wherein said delivery to at least one of said instruments comprises delivering water or compressed air;
(see Claim 14)
an operating light arranged for use in connection with dental care and arranged to generate a desired kind light pattern at a desired distance from the operating light; a support structure of the operating light characterized by a camera arrangement arranged to the operating light, which camera arrangement comprises two optical cameras arranged at a distance from each other and being both structurally and operatively integrated to be a part of the operating light of the dental care unit; the dental care unit being characterized by means arranged in connection with the operating light to pre-process image information generated by the cameras such that amount of image information forwarded from the light is significantly smaller than amount of image information generated by the cameras.
See Claim 6
5. A dental care unit according to claim 1, characterized in that control of operation of the cameras and their signal routes are a part of the operating light of the dental care unit.
(See claim 1)
(See Claim 6)
15. A dental care unit according to claim 1, characterized in that said two optical cameras are arranged at a distance from each other on opposed sides of the operating light.
(See Claim 15)
(See Claim 6)
(See claim 1)
12. A dental care unit according to claim 1, characterized in that the dental care unit is arranged in functional connection with a computer and said computer is configured to transmit to said cameras information on to which or to which kind partial area of the area the cameras are shooting the information to be forwarded is to be limited.
(See Claim 18)
(See Claim 1)
5. A dental care unit according to claim 1, characterized in that control of operation of the cameras and their signal routes are a part of the operating light of the dental care unit.
12. A dental care unit according to claim 1, characterized in that the dental care unit is arranged in functional connection with a computer and said computer is configured to transmit to said cameras information on to which or to which kind partial area of the area the cameras are shooting the information to be forwarded is to be limited.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Yoshikawa, et al. (US 2020/0305702) teaches a dental system with supports for dental equipment and a lighting system.
Mariampillai, et al. (US 2017/0167702), Tesar, et al. (US 2017/0143442), Haisch, et al. (DE 10323091), Bauch, et al. (US 2003/0164953), Rainey (US 2002/0086262) teach a medical and/or dental optical system that includes a light and camera.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODNEY FULLER whose telephone number is (571)272-2118. The examiner can normally be reached 8:00 am - 4:30 pm, Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephanie Bloss can be reached at 571-272-3555. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RODNEY E FULLER/Primary Examiner, Art Unit 2852
July 14, 2026
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