DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-20 are pending under this Office action.
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 §§ 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.
Claims 1, 6-10, and 15-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-25 of U.S. Patent No. 12,207,986. Although the claims at issue are not identical, they are not patentably distinct from each other because they can read on to each other, see the following mapping table.
Application No. 18/988,849 (Instant Application)
U.S. Patent No. 12,207,986
1. A method comprising:
instructing a user to apply a retractor into the user's mouth;
guiding the user to capture, with a camera of a mobile communications device, a first set of images of teeth of the user at predetermined views relative to the teeth using an indicator, output from the mobile communications device, that guides the user to position or orient the mobile communications device relative to a mouth of the user;
capturing the first set of images of the teeth of the user using the camera of the mobile communications device;
automatically selecting, from the first set of images, one or more images of the teeth based at least in part on a determination that the one or more images of the teeth have an image quality greater than an image quality threshold; and
uploading the one or more images of the teeth to a remote server for treatment progress evaluation.
1. A method comprising:
instructing a user to apply a retractor into the user's mouth;
guiding a user to capture, with a camera of a mobile telecommunications device, a predetermined set of images of teeth of the user at specified views relative to the teeth using an indicator that is output from the mobile telecommunications device, wherein the indicator indicates to the user one or more positions of the mobile telecommunications device relative to a mouth of the user, in order to capture the predetermined set of images of teeth at the specified views;
capturing the predetermined set of images of the teeth of the user using the camera of the mobile telecommunications device;
(11. The method of claim 1, further comprising automatically reviewing captured images, wherein automatically reviewing captured images comprises selecting only those images having a sufficiently high quality for the predetermined set of images of the teeth.)
displaying, during the capture of the predetermined set of images of the teeth of the user, a real-time image based on the user's teeth on a screen of the mobile telecommunications device; and
uploading the captured predetermined set of images of the teeth for treatment progress evaluation to provide a treatment progress evaluation of the user.
6. The method of claim 1, wherein guiding the user comprises:
detecting one or more teeth within an image of the first set of images; and
guiding the user to position or orient the mobile communications device based at least in part on the detected one or more teeth.
1. guiding a user to capture, with a camera of a mobile telecommunications device, a predetermined set of images of teeth of the user at specified views relative to the teeth using an indicator that is output from the mobile telecommunications device, wherein the indicator indicates to the user one or more positions of the mobile telecommunications device relative to a mouth of the user, in order to capture the predetermined set of images of teeth at the specified views;
7. The method of claim 1, wherein guiding the user comprises:
determining, from the mobile communications device, positional or orientational information relative to the mouth of the user; and
guiding the user to position or orient the mobile communication device based at least in part on the positional or orientational information.
9. The method of claim 1, wherein capturing the predetermined set of images of the teeth of the user comprises detecting one or more teeth imaged by the camera of the mobile telecommunications device and automatically taking an image when the detected one or more teeth are in a desired orientation, size, and/or location on the screen.
8. The method of claim 1, wherein capturing the first set of images of the teeth of the user comprises detecting one or more teeth imaged by the camera of the mobile communications device and automatically taking an image when the detected one or more teeth are in a desired orientation, size, location, or a combination thereof.
9. The method of claim 1, wherein capturing the predetermined set of images of the teeth of the user comprises detecting one or more teeth imaged by the camera of the mobile telecommunications device and automatically taking an image when the detected one or more teeth are in a desired orientation, size, and/or location on the screen.
9. The method of claim 1, wherein the first set of images are selected from a sequence of images captured by the camera of the mobile communication device operating in a continuous shooting mode. (The real time displaying of the captured image is mapped to the continuous shooting mode.)
A1. displaying, during the capture of the predetermined set of images of the teeth of the user, a real-time image based on the user's teeth on a screen of the mobile telecommunications device;
10. A system comprising:
a retractor; and
a non-transitory, computer-readable storage media having executable instructions that, when executed by one or more processors of a mobile communications device, cause the one or more processors to perform a method, the method comprising:
guiding a user to capture, with a camera of a mobile communications device, a first set of images of teeth of the user at predetermined views relative to the teeth using an indicator, output from the mobile communications device, that guides the user to position or orient the mobile communications device relative to a mouth of the user;
capturing the first set of images of the teeth of the user using the camera of the mobile communications device;
automatically selecting, from the first set of images, one or more images of the teeth based at least in part on a determination that the one or more images of the teeth have an image quality greater than an image quality threshold; and
uploading the one or more images of the teeth to a remote server for treatment progress evaluation.
13. A system comprising:
a retractor; and
a non-transitory, computer-readable storage media having executable instructions that, when executed by one or more processors of a mobile telecommunications device, cause the one or more processors to perform a method for capturing dental images for analysis, the method comprising:
guiding a user to capture, with a camera of the user's mobile telecommunications device, a predetermined set of images of teeth of the user at specified views relative to the teeth using an indicator that is output from the mobile telecommunications device, wherein the indicator indicates to the user one or more positions of the mobile telecommunications device relative to a mouth of the user in order to capture the predetermined set of images of teeth at the specified views;
capturing the predetermined set of images of the teeth of the user using the camera of the mobile telecommunications device;
(24. The system of claim 13, further comprising automatically reviewing captured images, wherein automatically reviewing captured images comprises selecting only those images having a sufficiently high quality for the predetermined set of images of the teeth.”
displaying, during the capture of the predetermined set of images of the teeth of the user, a real-time image based on the user's teeth on a screen of the mobile telecommunications device; and
uploading the captured predetermined set of images of the teeth for treatment progress evaluation to provide a treatment progress evaluation of the user.
15. The system of claim 10, wherein guiding the user comprises:
detecting one or more teeth within an image of the first set of images; and
guiding the user to position or orient the mobile communications device based at least in part on the detected one or more teeth.
13. guiding a user to capture, with a camera of the user's mobile telecommunications device, a predetermined set of images of teeth of the user at specified views relative to the teeth using an indicator that is output from the mobile telecommunications device, wherein the indicator indicates to the user one or more positions of the mobile telecommunications device relative to a mouth of the user in order to capture the predetermined set of images of teeth at the specified views;
16. The system of claim 10, wherein guiding the user comprises:
determining, from the mobile communications device, positional or orientational information relative to the mouth of the user; and
guiding the user to position or orient the mobile communications device based at least in part on the positional or orientational information.
22. The system of claim 13, wherein capturing the predetermined set of images of the teeth of the patient comprises detecting one or more teeth imaged by the camera of the mobile telecommunications device and automatically taking an image when the detected one or more teeth are in a desired orientation, size, and/or location on the screen.
17. The system of claim 10, wherein capturing the first set of images of the teeth of the user
comprises detecting one or more teeth imaged by the camera of the mobile communications device and automatically taking an image when the detected one or more teeth are in a desired orientation, size, location, or a combination thereof.
22. The system of claim 13, wherein capturing the predetermined set of images of the teeth of the patient comprises detecting one or more teeth imaged by the camera of the mobile telecommunications device and automatically taking an image when the detected one or more teeth are in a desired orientation, size, and/or location on the screen.
18. The system of claim 10, wherein the first set of images are selected from a sequence of images captured by the camera of the mobile communication device operating in a continuous shooting mode. (The real time displaying of the captured image is mapped to the continuous shooting mode.)
13. displaying, during the capture of the predetermined set of images of the teeth of the user, a real-time image based on the user's teeth on a screen of the mobile telecommunications device;
Claim 1 of the instant application is drawn to a method comprising: instructing a user to apply a retractor into the user's mouth; guiding the user to capture, with a camera of a mobile communications device, a first set of images of teeth of the user at predetermined views relative to the teeth using an indicator, output from the mobile communications device, that guides the user to position or orient the mobile communications device relative to a mouth of the user; capturing the first set of images of the teeth of the user using the camera of the mobile communications device; automatically selecting, from the first set of images, one or more images of the teeth based at least in part on a determination that the one or more images of the teeth have an image quality greater than an image quality threshold; and uploading the one or more images of the teeth to a remote server for treatment progress evaluation.
While the exact wordings of claim 1 of the ‘986 patent may not be the same as that of claim 1 of the instant application, but there is no significant difference in scope between the claim 1 of the instant application and the claim 1 of the patent ‘986. Therefore, claim 1 of the instant application cannot be considered patentably distinct over claim 1 of the ‘986 patent.
Allowable Subject Matter
Claims 19-20 are allowed.
Claims 2-5 and 11-14 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kahn (US 20160246936 A1), Matt (US 20160128624 A1), Bindael (US 10159541 B2), and Kois (US 20090148805 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GORDON G LIU whose telephone number is (571)270-0382. The examiner can normally be reached Monday - Friday 8:00-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Devona E Faulk can be reached at 571-272-7515. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GORDON G LIU/Primary Examiner, Art Unit 2618
Prosecution Insights