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.
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/GISSELLE GUTIERREZ/
Examiner
Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884