Prosecution Insights
Last updated: October 02, 2026
Application No. 19/249,737

AN INTRAORAL SCANNING DEVICE WITH IMPROVED COOLING

Final Rejection §102§103
Filed
Jun 25, 2025
Priority
Jun 26, 2024 — DK PA202470178 +1 more
Examiner
LEE, MICHAEL
Art Unit
2422
Tech Center
2400 — Computer Networks
Assignee
3Shape A/S
OA Round
2 (Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
1y 4m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
1070 granted / 1345 resolved
+21.6% vs TC avg
Moderate +10% lift
Without
With
+10.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
17 currently pending
Career history
1367
Total Applications
across all art units

Statute-Specific Performance

§101
5.3%
-34.7% vs TC avg
§103
41.5%
+1.5% vs TC avg
§102
33.8%
-6.2% vs TC avg
§112
7.9%
-32.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1345 resolved cases

Office Action

§102 §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 § 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-3, 5-7, and 9-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kirsanske et al. (WO2023079169A1). Regarding claim 1, Kirsanske discloses an intraoral scanning device configured to perform a scanning of a dental object inside an oral cavity, the device comprising: one or more electronic units (8); a cooling system (6, 7) configured to remove heat from the one or more electronic units, the cooling system comprising a heat exchanger unit (6) and a flow generating unit (7), wherein at least a part of the flow generating unit is covered by the heat exchanger unit (Fig. 8a and 8b); and an air inlet (4) and an air outlet (5), wherein the air inlet and air outlet are separated by the heat exchanger unit (note Fig. 2), wherein the flow generating unit is configured to move air into the air inlet, through the heat exchanger unit, and out through the air outlet while moving the air in a direction mainly perpendicular to a longitudinal axis of the intraoral scanning device (note the air moving directions close to the fan 7 as shown in Fig. 10a). Regarding claim 2, Kirsanske discloses the one or more electronic units comprise: a projector unit that is configured to project light onto the dental object in the oral cavity; an image sensor that is configured to capture reflected light from the dental object in the oral cavity; and one or more processors that are configured to process a plurality of data acquired by the intraoral scanning device during the scanning of the dental object in the oral cavity (note page 2, 1st par.). Regarding claim 3, Kirsanske discloses the one or more processors comprise a field- programmable gate array (FPGA) and/or an advanced RISC machine (ARM) (note page 2, 1st par.); wherein the projector unit comprises at least one light source that is configured to generate light of a single wavelength and/or light that is a combination of wavelengths (note the page 2, 1st par.). Regarding claim 5, Kirsanske discloses a battery unit (2), wherein the flow generating unit (7) comprises a fan unit (7) and the fan unit is permanently mounted in vicinity to a rear end of the battery unit (see Fig. 2). Regarding claim 6, Kirsanske discloses a battery unit that is configured to power the flow generating unit via at least one electrical connection or at least one inductive connection (see Fig. 2). Regarding claim 7, Kirsanske discloses a battery unit, and wherein the flow generating unit is permanent mounted to the battery unit or the flow generating unit is detachable mounted to the battery unit via a magnetic force or a snap couple (see Fig. 2). Regarding claim 9, Kirsanske discloses the flow generating unit is configured to slide through the heat exchanger unit until at least a part of the flow generating unit is covered by the heat exchanger unit (see Fig. 7 and Fig. 8). Regarding claim 10, Kirsanske discloses a battery unit, wherein the battery unit and the flow generating unit are permanent or detachable mounted to a first housing of the intraoral scanning device, and the battery unit and the flow generating unit are maintained in the first housing when detaching the first housing from a second housing of the intraoral scanning device, and wherein the second housing includes the one or more electronic components. That is, when broadly interpreted, Fig. 2 meets the claimed invention because the battery 2 and fan unit 7 are separable from the electronic unit 8. Regarding claim 21, Kirsanske discloses that the flow generating unit is configured to move the air through the intraoral scanning device substantially only in the direction mainly perpendicular to the longitudinal axis of the intraoral scanning device. 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) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kirsanske et al. (WO2023/079169A1). Regarding claim 11, Kirsanske does not discloses that a battery unit, wherein the battery unit or the flow generating unit includes an extractor, and wherein the battery unit and the flow generating unit are arranged within the first housing of the intraoral scanning device, and the extractor is configured to pull out the battery unit and the flow generating unit upon a user pulling the extractor as claimed. Instead, Kirsanske shows the fan unit 7 and battery 2 are connected in series while the battery 2 can be removed from the housing 4 by pulling the battery 2 outward. It is understood that the fan unit 7 might require repair or maintenance during its service time period; however, removing the fan unit 7 from the housing 4 can be a daunting task since it is buried deep inside the housing 4. To overcome such difficulty, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an extractor into Kirsanske so that the fan unit 7 and battery 2 could be removed readily. Such extractor could be the well known nylon cloth ribbon that normally included in battery holders or compartments so by pulling the ribbon, the batteries in the holder or compartment can be removed quickly. Therefore, the Official Notice is taken. Claim(s) 12-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kirsanske et al. (WO2023/079169A1) in view of Chen (CN208106798U). Regarding claim 12, Kirsanske does not disclose that the battery unit comprises a Universal Serial Bus (USB) port as claimed. Chen, from the similar field of endeavor, teaches a battery with a USB port (note 32 in Fig. 1). By using the USB port on a battery 2, the battery can be charged conveniently since a USB port is a world recognition standard. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include Chen into Kirsanske so that the battery 2 could be charged by a USB charger. Regarding claim 13, in addition of rejection to claim 12, it would have been obvious to arrange the USB port in an end-facet of the battery in vicinity to a rear end of the battery unit based on the longitudinal placement of the battery 2 as shown in Fig. 2. Regarding claim 14, Kirsanske does not disclose the flow generating unit includes a USB plug configured to be connected to the USB port of the battery unit, and wherein at least one electrical connection between the flow generating unit and the battery unit is obtained by the connection between the USB plug and the USB port. Chen discloses a USB plug 22 on a cooling fan unit side (1). By providing the USB plug, the battery 3 can be connected to the fan unit 1 readily and quickly. Thus, in addition to rejection to claim 12, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the USB plug of Chen into the fan unit 2 of Kirsanske so that the battery 2 and the fan unit 7 could be connected readily and quickly. Regarding claim 15, Kirsanske does not disclose that the USB port is arranged in a front-facet of a front end of the battery unit, and wherein the front end is arranged opposite to the rear end of the battery unit as claimed. Chen, from the similar field of endeavor, teaches a battery with a USB port (note 32 in Fig. 1). By using the USB port on a battery 2, the battery can be charged conveniently since a USB port is a world recognition standard. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include Chen into Kirsanske so that the battery 2 could be charged by a USB charger. Regarding claim 16, Kirsanske does not disclose that at least one of the one or more electronic units comprises a USB plug configured to be connected to the USB port comprised in the battery unit, and wherein at least one electrical connection between the battery unit and the one or more electronic units is obtained by the connection between the USB plug and the USB port as claimed. For the similar motivation as set forth for claim 14, it would have been obvious to include the USB plug of Chen into the electronic means 8 of Kirsanske so that the battery 2 and the electronic means 8 could be connected directly without the fan unit 7 (note the air moving directions close to the fan 7 as shown in Fig. 10a). Allowable Subject Matter Claims 8 and 17-20 are allowed. Response to Arguments Applicant's arguments filed on 8/27/26 have been fully considered but they are not persuasive. With respect to applicant’s argument that in contrast the instant invention, in the Kirsanske device, air moves through the inlet 4 and out the outlet passage 5 in a direction parallel to the longitudinal axis 9 of the scanning device, the examiner disagrees. According to Fig. 10a of Kirsanske, the air close to the fan 7 is moving in a direction mainly perpendicular to the longitudinal axis 9 of the intraoral device. PNG media_image1.png 434 578 media_image1.png Greyscale Therefore, when interpreted broadly, Kirsanske still meets that the flow generating unit (fan 7) is configured to move air into the air inlet (4), through the heat exchanger unit (6), and out through the air outlet (5) while moving the air in a direction (see above inserted big arrow) mainly perpendicular to the longitudinal axis (9) of the intraoral scanning device. In view of above arguments, it is clear that applicant fails to overcome Kirsanske. As a result, the prior art rejections are maintained. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bhatia (6,111,748) discloses a flat fan (Fig. 2). Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL LEE whose telephone number 571-272-7349. The examiner can normally be reached on Monday through Thursday from 9:00 am to 6:00 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, John Miller, can be reached on 571-272-7353. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /MICHAEL LEE/ Primary Examiner, Art Unit 2422
Read full office action

Prosecution Timeline

Jun 25, 2025
Application Filed
Jun 11, 2026
Non-Final Rejection mailed — §102, §103
Aug 27, 2026
Response Filed
Sep 16, 2026
Final Rejection mailed — §102, §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

3-4
Expected OA Rounds
80%
Grant Probability
90%
With Interview (+10.0%)
2y 7m (~1y 4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1345 resolved cases by this examiner. Grant probability derived from career allowance rate.

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