DETAILED ACTION
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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 4, 5, 8, 9, 14, 15 and 21 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhang et al (US Patent 10799210).
Regarding claim 1, Zhang et al teach Zhang teaches (Figs. 1-13) an oral health monitoring device, the device comprising: an elongate body extending along a longitudinal axis (elongate handle 100, FIG. 10); and a head (scan head 102) coupled to the elongate body , the head comprising: a base portion, the base portion coupled to the elongate body (the central portion of scan head 102 that joins the head to the handle and carries the intermediate scan panel 108, from which the side panels extend; FIGS. 10–11); a first wing structure extending from the base portion (first side scan panel 104, extending from the intermediate portion so as to flank one side of the tooth-receiving channel; FIG. 11); a second wing structure extending from the base portion (second side scan panel 106, extending from the intermediate portion on the opposite side of the channel; FIGS. 10–11); a first image sensor coupled to the first wing structure (image sensor 80 carried on the scanning surface of side panel 104; Zhang teaches the sensors 80 are CCD or CMOS sensors of the type used in digital cameras), the first image sensor having a first sensing axis normal to an imaging surface of the first image sensor (a planar CCD/CMOS area sensor receive light along a sensing/optical axis normal to its imaging surface see figures 10 and 11); and a second image sensor coupled to the second wing structure (image sensor 80 on side panel 106), the second image sensor having a second sensing axis normal to an imaging surface of the second imaging sensor; wherein the first and second sensing axes of the first and second image sensors intersect (Zhang teaches that the component layout of panel 106 is a mirror image of the layout of panel 104 and that the two panels image opposing sides of a tooth received between them).
Regarding claim 14, Zhang et al teach an oral health monitoring device, the device comprising: an elongate body (100) extending along a longitudinal axis; and a head (102) coupled to the elongate body, the head comprising: a base (the central portion of scan head 102 that joins the head to the handle and carries the intermediate scan panel 108, from which the side panels extend; FIGS. 10–11) portion, the base portion coupled to the elongate body; a first wing structure (where element 106 is situated) extending from the base portion, the first wing structure having an inner surface; a second wing structure (where element 104 is situated) extending from the base portion, the second wing structure having an inner surface; a first image sensor coupled to the first wing structure; and a second image sensor coupled to the second wing structure; wherein the inner surfaces of the first and second wing structures are non-parallel (see figure 11).
Regarding claim 2, Zhang et al teach (Fig. 11) the first wing structure and the second wing (104 and 106) structure each has an inner surface, the inner surfaces of the first and second wing structures being non-parallel.
Regarding claim 4, Zhang et al teach a central plane, the longitudinal axis extending along the central plane and the central plane extending perpendicular to a front surface of the base portion: because the layout of side panel 106 mirrors that of side panel 104, the scan head 102 defines a plane of symmetry bisecting the head between the two side panels; as shown in FIG. 10, the scan head extends from, and in line with, the handle 100 such that the handle's longitudinal axis lies along that plane of symmetry; and that plane is perpendicular to the tooth-facing front scanning surface of intermediate panel 108, which spans between the two side panels (FIGS. 10–11).
Regarding claim 5, Zhang et al teach the first and second wing structures are symmetrical about the central plane.
Regarding claims 8 and 21, Zhang et al teach the first wing structure extends perpendicular to the longitudinal axis and the second wing structure extends at an oblique angle to the longitudinal axis. That is, the extension of the of the imagers are directional and the extensions are open to interpretation. In this case, the extension of the 106 and 104 are understood of having an extension component that is perpendicular to the longitudinal axis.
Regarding claim 9, Zhang et al teach (Figs. 10 and 11) the first and second wing structures and the base portion collectively form a tooth passageway, the tooth passageway having a U shape.
Regarding claim 15, Zhang et al teach (Fig. 11) the first image sensor has a first sensing axis (center of the imager CCD/CMOS) normal to an imaging surface of the first imaging sensor and the second image sensor has a second sensing axis normal to an imaging surface of the second imaging sensor, the first and second sensing axes of the first and second image sensors intersecting.
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.
Claim(s) 3, 6, 7, 10, 11, 16, 23, 24 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al in view of Prakash et al (US Patent 8998609).
Regarding claims 3, 6, 7 and 16, Zhang et al teach the invention set forth above. Zhang et al do not teach the head further comprises a tooth guide protruding from the base portion, the tooth guide configured to engage a tooth of a user and isolate the base portion from the tooth of the user. Prakash et al teach the head further comprises tooth guides (36) protruding (As Merriam-Webster online define protruding as to cause to project and elements 36 are projected from the base) from the base portion that is symmetrical about the central plane, the tooth guide configured to engage a tooth of a user and isolate the base portion from the tooth of the user. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide the tooth-facing front surface of the base portion of Zhang's scan head (intermediate panel 108) with one or more protruding tooth guides that engage the tooth received in the passageway, as taught by Prakash. The motivation is express in Prakash: registering the imaging device against the teeth themselves holds the image sensors at a consistent, repeatable standoff from the tooth surfaces
Regarding claims 10 and 23, the modified Zhang et al teach the base portion comprises a cavity (defined by element 76, 78, 90 and 90’ as shown in figure 9 of Prakash et al), a tooth guide forming a wall of the cavity.
Regarding claims 11 and 24, the modified Zhang et al teach one of the first or second image sensors is mounted within the cavity.
Regarding claim 27, Zhang et al teach the invention set forth above. Zhang et al do not teach a tooth guide extending from the base portion, the tooth guide configured to engage a tooth of a user and isolate the base portion from the tooth of the user. Prakash et al (Fig.s 1-10) teach a tooth guide extending from the base portion, the tooth guide configured to engage a tooth of a user and isolate the base portion from the tooth of the user. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide the tooth-facing front surface of the base portion of Zhang's scan head (intermediate panel 108) with one or more protruding tooth guides that engage the tooth received in the passageway, as taught by Prakash. The motivation is express in Prakash: registering the imaging device against the teeth themselves holds the image sensors at a consistent, repeatable standoff from the tooth surfaces.
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Shalev et al. (US Patent 11759277).
Regarding claim 12, Zhang teaches the invention set forth above. Zhang does not disclose a sleeve, the sleeve configured to cover the head. Shalev et al teach (Figs. 1-10) Shalev teaches a removable barrier for a handheld intraoral imaging device comprising a cover adapted to fit over the scanning portion at the distal end of the device. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide Zhang's probe with a barrier of the type taught by Shalev to prevent contamination.
Regarding claim 13, Shaleve et al further teach its cover conforms to, and is removably secured over, the distal geometry of the particular device it protects. Thus, the modified sleeve, in order to encapsule the head shapes of having first and second wing extensions extending from the first and second wing structure, would been deigned of having the geometric layout.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TONY KO whose telephone number is (571)272-1926. The examiner can normally be reached Monday-Friday 9-5pm.
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, Georgia Epps can be reached at 571-272-2328. 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.
/TONY KO/Primary Examiner, Art Unit 2878
TK
Prosecution Insights