DETAILED ACTION
1. This Office Action is sent in response to Applicant s communication received on 11/08/2025 for application number 18/942,305. The Office herby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, and claims.
Notice of Pre-AIA or AIA Status
2. 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
3. The information disclosure statement (IDS) submitted on 11/08/2025 is in accordance with provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
5. 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
4. Claims 1-6, 8-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,137,881. Although the claims at issue are not identical, they are not patentably distinct from each other:
See Table:
Application No.: 18/942,305
1. An imaging and display system, comprising: a base; a pole connected to and extending generally upward from the base; a camera operable to obtain images; a tray unit having a distal end and a proximal end and connected to the pole at its proximal end and extending generally laterally with respect to an axis of the pole; an upper arm having a distal end and a proximal end, the proximal end of the upper arm connected to the pole and extending in a generally upward direction with respect to the axis of the pole, a portion of the upper arm being curved; and a display connected to the distal end of the upper arm.
Patent No.: 12,137,881
1. An imaging and display system, comprising: a base; a pole connected to and extending generally upward from the base; a tray unit having a distal end and a proximal end and connected to the pole at its proximal end and extending generally outward with respect to an axis of the pole, the distal end of the tray unit connected to a camera; an upper arm having a distal end and a proximal end, the proximal end of the upper arm connected to the pole and extending in a generally upward direction with respect to the axis of the pole, the distal end of the upper arm including a generally transverse direction with respect to the axis of the pole; and a display connected to the distal end of the upper arm.
2. The imaging and display system of claim 1, wherein the camera is connected to the tray unit using a bend-and-stay mechanism.
2. The imaging and display system of claim 1, wherein the camera is connected to the tray unit using a bend-and-stay mechanism.
3. The imaging and display system of claim 1, wherein the upper arm is connected to the pole by way of a rotatable collar to allow the upper arm to rotate with respect to the pole.
3. The imaging and display system of claim 1, wherein the upper arm is connected to the pole by way of a rotatable collar to allow the upper arm to rotate with respect to the pole.
4. The imaging and display system of claim 1, wherein the display is connected to the distal end of the upper arm by way of a rotatable collar to allow the display to rotate with respect to the distal end of the upper arm.
4. The imaging and display system of claim 1, wherein the display is connected to the distal end of the upper arm by way of a rotatable collar to allow the display to rotate with respect to the distal end of the upper arm.
5. The imaging and display system of claim 1, wherein the pole is generally tubular.
5. The imaging and display system of claim 1, wherein the pole is generally tubular.
6. The imaging and display system of claim 1, wherein the tray unit is connected to the pole by way of an arm and a rotatable collar to allow rotation of the tray unit.
6. The imaging and display system of claim 1, wherein the tray unit is connected to the pole by way of an arm and a rotatable collar to allow rotation of the tray unit.
7. The imaging and display system of claim 1, further comprising a secondary camera operable to obtain images.
8. The imaging and display system of claim 1, wherein the pole includes a telescoping mechanism having a plurality of telescoping members interconnected using rotatable collars to allow for adjustment in height.
7. The imaging and display system of claim 1, wherein the pole is adjustable in height.
8. The imaging and display system of claim 7, wherein the pole includes a telescoping mechanism to allow for adjustment in height.
9. The imaging and display system of claim 8, wherein the pole further comprises a plurality of telescoping members interconnected using rotatable collars.
9. The imaging and display system of claim 1, further comprising a plurality of wheels connected to the base.
10. The imaging and display system of claim 1, further comprising a plurality of wheels connected to the base.
10. The imaging and display system of claim 1, further comprising a controller and a wireless communications interface operable to wirelessly transmit image information obtained by the camera.
11. The imaging and display system of claim 1, further comprising a controller and a wireless communications interface operable to wirelessly transmit image information obtained by the camera.
11. The imaging and display system of claim 10, wherein the controller is operable to obtain previously stored patient information for displaying on the display.
12. The imaging and display system of claim 1, further comprising a foot operated controller operable to control the camera, the display, or a setting of the camera or the display.
12. The imaging and display system of claim 1, further comprising a foot operated controller operable to control the camera, the display, or a setting of the camera or the display.
13. An imaging and display system operable to provide intraoral imaging and display of intraoral images, the system comprising: a base; a pole connected to and extending generally upward from the base, the pole being adjustable in height; a camera operable to be positioned in an intraoral region of a patient and to obtain images of the intraoral region; a tray unit having a distal end and a proximal end and connected to the pole at its proximal end and extending generally outward with respect to an axis of the pole; an upper arm having a distal end and a proximal end, the proximal end of the upper arm connected to the pole and extending in a generally upward direction with respect to the axis of the pole, the distal end of the upper arm extending in a generally transverse direction with respect to the axis of the pole; and a display connected to the distal end of the upper arm, the display operable to display images of the intraoral region of the patient.
13. An imaging and display system operable to provide intraoral imaging and display of intraoral images, the system comprising: a base having a plurality of wheels connected thereto; a generally tubular shaped pole connected to and extending generally upward from the base, the pole being adjustable in height; a tray unit having a distal end and a proximal end and connected to the pole at its proximal end and extending generally outward with respect to an axis of the pole, the distal end of the tray unit connected to a camera, the camera being operable to be positioned in an intraoral region of a patient; an upper arm having a distal end and a proximal end, the proximal end of the upper arm connected to the pole and extending in a generally upward direction with respect to the axis of the pole, the distal end of the upper arm including a generally transverse direction with respect to the axis of the pole; and a display connected to the distal end of the upper arm, the display operable to display images of the intraoral region of the patient.
14. The imaging and display system of claim 13, wherein the camera is connected to the tray unit using a bend-and-stay mechanism.
14. The imaging and display system of claim 13, wherein the camera is connected to the tray unit using a bend-and-stay mechanism.
15. The imaging and display system of claim 13, wherein the upper arm is connected to the pole by way of a rotatable collar to allow the upper arm to rotate with respect to the pole.
15. The imaging and display system of claim 13, wherein the upper arm is connected to the pole by way of a rotatable collar to allow the upper arm to rotate with respect to the pole.
16. The imaging and display system of claim 13, wherein the display is connected to the distal end of the upper arm by way of a rotatable collar to allow the display to rotate with respect to the distal end of the upper arm.
16. The imaging and display system of claim 13, wherein the display is connected to the distal end of the upper arm by way of a rotatable collar to allow the display to rotate with respect to the distal end of the upper arm.
17. The imaging and display system of claim 13, wherein the tray unit is connected to the pole by way of an arm and a rotatable collar to allow rotation of the tray unit.
17. The imaging and display system of claim 13, wherein the tray unit is connected to the pole by way of an arm and a rotatable collar to allow rotation of the tray unit.
18. The imaging and display system of claim 13, wherein the pole is generally tubular shaped and includes a telescoping mechanism having a plurality of telescoping members interconnected using rotatable collars to allow for adjustment in height.
18. The imaging and display system of claim 13, wherein the pole includes a telescoping mechanism having a plurality of telescoping members interconnected using rotatable collars to allow for adjustment in height.
19. The imaging and display system of claim 13, further comprising a controller and a wireless communications interface operable to wirelessly transmit image information obtained by the camera.
19. The imaging and display system of claim 13, further comprising a controller and a wireless communications interface operable to wirelessly transmit image information obtained by the camera.
20. The imaging and display system of claim 13, further comprising a foot operated controller operable to control the camera, the display, or a setting of the camera or the display.
20. The imaging and display system of claim 13, further comprising a foot operated controller operable to control the camera, the display, or a setting of the camera or the display.
Allowable Subject Matter
5. Claims 1-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOWARD D BROWN JR whose telephone number is (571)272-4371. The examiner can normally be reached Monday - Friday 7:30AM - 5:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sathyanarayanan Perungavoor can be reached at 5712727455. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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HOWARD D. BROWN JR
Primary Examiner
Art Unit 2488
/HOWARD D BROWN JR/Examiner, Art Unit 2488 25