DETAILED ACTION
Response to Arguments
Applicant’s arguments with respect to claims 1-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 § 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.
Claims 1-13, 15 are 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 claims1, 2,4, 9, 12, 13, 15, the phrase "preferably” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim5, 13, 15, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Dependent claims are rejected because it depends on rejected claims.
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 s 1-4, are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1,3,5 of copending Application No. 19/015,042 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the copending application anticipate the claims of the present application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Co-pending Application No.19/015,042
Present Application No.19/015,062
Claim1 recites an oral scanner system comprising: an oral scanner being structured and/or arranged for performing a scanning procedure of at least a portion of an oral cavity of a subject using an oral health sensor structured and/or arranged for outputting oral health sensor data acquired during the scanning procedure;
a processor structured and/or arranged to receive the oral health sensor data to determine control data for an oral care device in dependence on the oral health sensor data; the oral care device selected from the group consisting of manual or electric toothbrushes. (electric) flossers, (electric) irrigators, (electric) tongue cleaners, and (electric) gum massagers, the oral care device being different to the oral scanner structured and/or arranged for performing an oral care activity, the oral care device comprising at least two different operational settings;
wherein the processor is coupled with a processor communicator and the oral care device comprises a device communicator, where the processor communicator and the device communicator are structured and/or arranged for at least unidirectional communication from the processor to the oral care device; wherein the processor is structured and/or arranged to send the control data to the oral care device;
and the oral care device is structured and/or arranged to select at least one of the at least two operational settings based on the control data in a subsequent oral care activity performed by the oral care device after the completion of the scanning procedure.
Claim4 the oral scanner system in accordance with claim 1, further comprising a position detector structured and/or arranged for outputting position sensor data relating to a position or location at which the oral scanner is currently performing the scanning procedure or performed the scanning procedure at a given time instant; and wherein the processor is structured and/or arranged to receive the position sensor data, to determine at least one discrete position or location from at least two discrete positions or locations of the at least portion of the oral cavity at which the oral scanner is currently performing the scanning procedure or performed the scanning procedure at the given time instant, to assign the oral health sensor data to the one discrete position or location from the at least two positions or locations determined by the processor and to determine the control data in a position-resolved or location-resolved manner.
Claim1 recites an oral scanner system comprising: an oral scanner structured and/or arranged for performing a scanning procedure of at least a portion of an oral cavity using at least one oral health sensor structured and/or arranged for outputting oral health sensor data acquired during the scanning procedure relating to at least one oral health condition;
a position detector structured and/or arranged for outputting position sensor data relating to a position or location at which the oral scanner currently performs the scanning procedure or has performed the scanning procedure at a given time instant; a processor structured and/or arranged to receive the oral health sensor data and the position sensor data, to process the position sensor data to determine at least one discrete position or location from at least two discrete positions or locations of the at least portion of the oral cavity at which the oral scanner is currently performing the scanning procedure or has performed the scanning procedure at the given time instant, and to assign the oral health sensor data to the determined discrete position or location and/or to process the oral health sensor data to determine oral health data relating to the at least one oral health condition and to assign the oral health data to the determined discrete position or location; and a feedback unit structured and/or arranged to provide feedback about the oral health sensor data and/or the oral health data for the at least two discrete positions or locations during the scanning procedure, preferably as a live or real-time feedback; and an oral care device (700C) having an oral care device communicator, wherein the processor (200) is structured and/or arranged to determine, at the end of the scanning procedure, control data based on the oral health sensor data acquired during the scanning procedure, and to send the control data to the oral care device (700C) via the oral care device communicator, and wherein the oral care device (700C) is structured and/or arranged to select at least one from at least two operational settings of the oral care device (700C) in dependence on the control data.
Claim5 recites the oral scanner system in accordance with claim 4, wherein the position sensor comprises at least one of an accelerometer or gyroscope, preferably wherein the accelerometer or gyroscope is realized as a MEMS sensor.
Claim2 recites the oral scanner system in accordance with claim 1, wherein the position sensor comprises at least one of an accelerometer or gyroscope, preferably wherein the accelerometer or gyroscope is realized as a MEMS sensor.
Claim3 recites…
wherein the oral health sensor is an optical sensor,
Claim3 recites the oral scanner system in accordance with claim 1, wherein the oral health sensor is an optical sensor.
Claim3 recites the oral scanner system in accordance with claim 1, wherein the oral health sensor is an optical sensor, preferably comprising an M times N array of light sensitive sensor elements, further preferably wherein the optical sensor is a camera.
Claim4 recites the oral scanner system in accordance with claim 3, wherein the oral health sensor comprises an M time N array of light sensitive sensor elements, preferably wherein the optical sensor is a camera.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIRUMSEW WENDMAGEGN whose telephone number is (571)270-1118. The examiner can normally be reached 9:00-7:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thai Tran can be reached at (571) 272-7382. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GIRUMSEW WENDMAGEGN
Primary Examiner
Art Unit 2484
/GIRUMSEW WENDMAGEGN/Primary Examiner, Art Unit 2484
Prosecution Insights