DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Instant Application
Patent No. 11,831,815
(Claim 1)1. A handheld intraoral scanner, comprising:- a tip configured to be inserted into the oral cavity;- at least one camera accommodating an array of sensor elements;- at least two light sources with different wavelengths or different polarizations, wherein the at least two light sources includes a first light source and a second light source;- a control means for controlling the at least two light sources by switching off a first light source and turning on a second light source, and vice versa, - a pattern generator configured to generate, using at least one of the two light sources, a probe light with a plurality of configurations in the form of a time- varying illumination pattern; - an optical system configured to transmit the probe light, via the tip, towards the object along an optical path thereby illuminating at least a part of the object with the time-varying illumination pattern, and to transmit at least a part of the light returned from the object to the at least one camera to form a plurality of 2D images, wherein the plurality of 2D images is configured to determine a 3D geometry; - one or more motion sensors located on the intraoral scanner to measure three-dimensional motion of the intraoral scanner, and - a hardware processor configured to record images of the object with different wavelengths or different polarizations by the at least one camera at different times.
(Claim 1)1. A handheld intraoral scanner, comprising: a tip configured to be inserted into the oral cavity; at least one camera accommodating an array of sensor elements; at least two light sources with different wavelengths or different polarizations, wherein the at least two light sources includes a first light source and a second light source; a control means for controlling the at least two light sources by switching off a first light source and turning on a second light source, and vice versa, a pattern generator configured to generate, using at least one of the two light sources, a probe light with a plurality of configurations in the form of a time-varying illumination pattern; an optical system configured to transmit the probe light, via the tip, towards the object along an optical path thereby illuminating at least a part of the object with the time-varying illumination pattern, and to transmit at least a part of the light returned from the object to the at least one camera to form a plurality of 2D images, wherein the plurality of 2D images is configured to determine a 3D geometry; one or more motion sensors located on the intraoral scanner to measure three-dimensional motion of the intraoral scanner, and a hardware processor configured to record images of the object with different wavelengths or different polarizations by the at least one camera at different times.
Claim 1 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 11,831,815. This is a statutory double patenting rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE M MESA whose telephone number is (571)270-1706. The examiner can normally be reached Monday-Friday 8:30AM-6:00PM ET.
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06/25/2026
/JOSE M. MESA/
Examiner
Art Unit 2484
/THAI Q TRAN/Supervisory Patent Examiner, Art Unit 2484
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