Prosecution Insights
Last updated: August 06, 2026
Application No. 19/073,135

DATA RECORDING DEVICE

Non-Final OA §103
Filed
Mar 07, 2025
Priority
Mar 12, 2024 — DE 102024106996.1
Examiner
GUTIERREZ, GISSELLE M
Art Unit
Tech Center
Assignee
Dürr Dental SE
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
331 granted / 411 resolved
+20.5% vs TC avg
Moderate +13% lift
Without
With
+12.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
9 currently pending
Career history
419
Total Applications
across all art units

Statute-Specific Performance

§101
2.5%
-37.5% vs TC avg
§103
51.0%
+11.0% vs TC avg
§102
29.9%
-10.1% vs TC avg
§112
11.3%
-28.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 411 resolved cases

Office Action

§103
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 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. Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Cooper (US 5,016,098; May 14, 1991) in view of Wakefield (US 2019/0262110 A1; August 29, 2019). Regarding claim 1, Cooper teaches a device comprising: an arrangement (Column 3 Line 25- Column 4 Line 20; Figure 1 Element 10 – Video dental camera), wherein the arrangement can be positioned or received such that at least one end section of the arrangement projects into a cavity (Column 3 Line 25- Column 4 Line 20; Located at the distal end of forward extension 13, and mounted on forward extension 13 at an angle A to forward extension 13, is camera head 14. Face 15 of camera head 14 includes means for receiving an image within a patient's mouth to be displayed on a video monitor.), and at least one acquisition unit, which is configured and arranged on the arrangement to perform at least one data acquisition of at least a portion of the cavity (Column 3 Line 25- Column 4 Line 20 - Located at the distal end of forward extension 13, and mounted on forward extension 13 at an angle A to forward extension 13, is camera head 14. Face 15 of camera head 14 includes means for receiving an image within a patient's mouth to be displayed on a video monitor.). Cooper does not teach wherein at least one section of the arrangement is subjected to pressure when the arrangement is positioned such that at least the end section of the arrangement projects into the cavity. Wakefield wherein at least one section of the arrangement is subjected to pressure when the arrangement is positioned such that at least the end section of the arrangement projects into the cavity (Paragraph 159 - In this example the device 2 is held in place by gums 110, 111 (also known as the maxillary and mandibular edentulous ridges) that fit into channels and apply pressure to the bite block via said channels. For the purposes of the present invention this pressure is considered to be a “bite” on the bite block 104.) Therefore, from the teaching of Wakefield, it would have been obvious at the time of filing to specify the abovementioned limitations since it is a known occurrence for an intraoral device to be stabilized by applying pressure by biting down on the device. Regarding claim 2, Cooper in view of Wakefield teaches the device according to claim 1. Cooper further teaches wherein the at least one acquisition unit is formed on the end section of the arrangement (Column 3 Line 25- Column 4 Line 20 - Located at the distal end of forward extension 13, and mounted on forward extension 13 at an angle A to forward extension 13, is camera head 14.). Regarding claim 3, Cooper in view of Wakefield teaches the device according to claim 1. Cooper further teaches wherein at least the end section of the arrangement is not subjected to pressure when the arrangement is positioned such that at least the end section of the arrangement projects into the cavity (Column 3 Line 12-24 -Video processor and control means 8 provides a video signal to video monitor 6 in order that users may view a location within a patient's mouth by way of dental camera 10. ; The device of Cooper is placed in the patient’s mouth without pressure on the device). Regarding claim 4, Cooper in view of Wakefield teaches the device according to claim 1. Cooper further teaches further comprising: at least one emitting unit, which is arranged on the arrangement (Column 3 Lines 60-66 - In this embodiment, fiber optic light guides 30a and 30b are used to receive light from a light source (not shown) which may comprise, for example a halogen lamp or a Xenon arc lamp located at the proximal end of light guides 30a and 30b, and conduct this light through fiber optic curvatures 31a and 31b to illumination lenses 32a and 32b respectively.). Regarding claim 5, Cooper in view of Wakefield teaches the device according to claim 4. Cooper further teaches wherein the at least one emitting unit is formed on the end section of the arrangement (Figure 3 Elements 30a and 30b; Column 3 Line 25- Column 4 Line 20 - In this embodiment, fiber optic light guides 30a and 30b are used to receive light from a light source (not shown) which may comprise, for example a halogen lamp or a Xenon arc lamp located at the proximal end of light guides 30a and 30b, This causes the light being emitted from fiber optic light pipes 30a and 30b to be directed toward the image being viewed.) Regarding claim 6, Cooper in view of Wakefield teaches the device according to claim 4. Cooper further teaches wherein the at least one emitting unit is a light source, an X-ray source, and/or a laser source (Figure 3 Elements 30a and 30b; Column 3 Line 25- Column 4 Line 20 - In this embodiment, fiber optic light guides 30a and 30b are used to receive light from a light source (not shown) which may comprise, for example a halogen lamp or a Xenon arc lamp located at the proximal end of light guides 30a and 30b). Regarding claim 7, Cooper in view of Wakefield teaches the device according to claim 4. Cooper further teaches wherein the at least one emitting unit is configured and arranged on the arrangement in such a way that, in interaction with the acquisition unit, the at least one emitting unit is configured to image at least a portion of the cavity (Figure 3 Elements 30a and 30b; Column 3 Line 25- Column 4 Line 20 - In this embodiment, fiber optic light guides 30a and 30b are used to receive light from a light source (not shown) which may comprise, for example a halogen lamp or a Xenon arc lamp located at the proximal end of light guides 30a and 30b, This causes the light being emitted from fiber optic light pipes 30a and 30b to be directed toward the image being viewed; Image sensor 35 is connected to video control cable 34 which communicates power and control signals to image sensor 35 and communicates video signals to the video processor and control means 8 of FIG. 1..). Regarding claim 8, Cooper in view of Wakefield teaches the device according to claim 1. Cooper further teaches wherein the device is configured to transmit the at least one data acquisition to a higher-level system for further use (Column 3 Line 12-24 -Video processor and control means 8 provides a video signal to video monitor 6 in order that users may view a location within a patient's mouth by way of dental camera 10.). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. -US 20170215997 A1 teaches a dental imager -US 20130330684 A1 teaches a multifunction wand for an intra-oral imaging system. Any inquiry concerning this communication or earlier communications from the examiner should be directed to GISSELLE GUTIERREZ whose telephone number is (571)272-4672. The examiner can normally be reached M-F 8-5:00PM. 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, 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. 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. /GISSELLE GUTIERREZ/ Examiner Art Unit 2884 /UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
Read full office action

Prosecution Timeline

Mar 07, 2025
Application Filed
Jul 30, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
93%
With Interview (+12.8%)
2y 2m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 411 resolved cases by this examiner. Grant probability derived from career allowance rate.

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