`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`wwwusptogov
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`
`
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`13/814,116
`
`02/04/2013
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`Masateru Iio
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`2013,0093A
`
`7249
`
`52349
`7590
`03/22/2016
`WENDEROTH,LIND&PONACK rm. —
`1030 15th Street, NW.
`SANTOS RODRIGUEZ, JOSEPH M
`Suite 400 East
`
`Washington, DC 20005- 1503
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`ART UNIT
`3737
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`03/22/2016
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`ddalecki @wenderoth.c0m
`e0a@ wenderoth.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`Application No.
`Applicant(s)
`
` 13/814,116 no ET AL
`Office ACtion summary
`Examiner
`Art Unit
`AIA (First Inventor to File)
`
`
`StatusNo JOSEPH M. SANTOS 3737
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 2 MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply be timely filed
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`-
`-
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`Status
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`1)IXI Responsive to communication(s) filed on 02/24/2013.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|:| This action is non-final.
`2a)I:| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)IXI Claim(s) 1-17is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)|:l Claim(s) _ is/are allowed.
`7)I:l Claim(s) _ is/are rejected.
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`8)I:I Claim(s)
`is/are objected to.
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`9)|XI Claim(s 1-17are subject to restriction and/or election requirement.
`)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
`hit ://\va.usnto. ov/ atents/init events"
`
`
`
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`i1/index.‘s or send an inquiry to PPeredback-{c‘buspto.qov.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|:I The drawing(s) filed on _ is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`b)I:I Some” c)I:I None of the:
`a)|:l All
`1.I:I Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`
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`3) D Interview Summary (PT0_413)
`1) D Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`
`Paper No(s)/Mai| Date .
`US. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
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`Part of Paper No./Mai| Date 20160316
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`

`

`Application/Control Number: 13/814,116
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`Page 2
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`Art Unit: 3737
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`The present application is being examined under the pre-AIA first to invent
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`provisions.
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`Election/Restrictions
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`REQUIREMENT FOR UNITY OF INVENTION
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`As provided in 37 CFR 1.475(a), a national stage application shall relate to one
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`invention only or to a group of inventions so linked as to form a single general inventive
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`concept (“requirement of unity of invention”). Where a group of inventions is claimed in
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`a national stage application, the requirement of unity of invention shall be fulfilled only
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`when there is a technical relationship among those inventions involving one or more of
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`the same or corresponding special technical features. The expression “special technical
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`features” shall mean those technical features that define a contribution which each of
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`the claimed inventions, considered as a whole, makes over the prior art.
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`The determination whether a group of inventions is so linked as to form a single
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`general inventive concept shall be made without regard to whether the inventions are
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`claimed in separate claims or as alternatives within a single claim. See 37 CFR
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`1.475(e).
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`WHEN CLAIMS ARE DIRECTED TO MULTIPLE CATEGORIES OF
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`INVENTIONS:
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`As provided in 37 CFR 1.475(b), a national stage application containing claims to
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`different categories of invention will be considered to have unity of invention if the
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`claims are drawn only to one of the following combinations of categories:
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`(1) A product and a process specially adapted for the manufacture of said
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`product; or
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`(2) A product and process of use of said product; or
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`Application/Control Number: 13/814,116
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`Page 3
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`Art Unit: 3737
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`(3) A product, a process specially adapted for the manufacture of the said
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`product, and a use of the said product; or
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`(4) A process and an apparatus or means specifically designed for carrying out
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`the said process; or
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`(5) A product, a process specially adapted for the manufacture of the said
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`product, and an apparatus or means specifically designed for carrying out the said
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`process.
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`Otherwise, unity of invention might not be present. See 37 CFR 1.475(c).
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`Restriction is required under 35 U.S.C. 121 and 372.
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`This application contains the following inventions or groups of inventions which
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`are not so linked as to form a single general inventive concept under PCT Rule 13.1.
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`In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to
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`elect a single invention to which the claims must be restricted.
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`Group I, claim(s) 1-5, drawn to an optical tomography image acquisition
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`device having a measurement distance range deviation detector configured to
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`detect whether or not the distance between the measurement object and the light
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`input/output portion of the probe is outside of a measurement distance range on
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`the basis of the computation result of the tomographic image computer; and a
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`notification section configured to notify of the detection result by the
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`measurement distance range deviation detector.
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`Group II, claim(s) 6-10 drawn to drawn to an optical tomography image
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`acquisition device having a surface detection processor configured to output the
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`computation result of the tomographic image computer and that has a binary
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`processor that binarizes a brightness value for display image data obtained from
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`the tomographic image computer into 0 and a normalized reference value with
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`respect to a reference value, a contraction processor that sets the brightness
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`

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`Application/Control Number: 13/814,116
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`Page 4
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`Art Unit: 3737
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`value for a specific pixel to 0 when the brightness value is 0 for at least one pixel
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`out of the surrounding pixels of a specific pixel of binarized display image data,
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`an expansion processor that sets the brightness value of a specific pixel to a
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`normalized reference value when the brightness value of at least one pixel out of
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`the surrounding pixels of a specific pixel of display image data that has
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`undergone contraction processing is a normalized reference value, a surface
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`detector that detects the surface of a measurement object from display image
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`data that undergone expansion processing, and a correction processor that
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`compares display image data obtained from the tomographic image computer
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`and the surface of a measurement object detected by the surface detector and
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`performs display image correction.
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`Group III claims(s) 11-17 drawn to an optical tomography image acquisition
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`device having a an oral cavity insertion portion type determiner configured to
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`determine the type of oral cavity insertion portion on the basis of the computation
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`result of the tomographic image computer.
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`The groups of inventions listed above do not relate to a single general inventive
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`concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or
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`corresponding special technical features for the following reasons:
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`The special technical feature of the Group | invention is the use measurement
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`distance detector and its function, which is not presented in Group II or III. The special
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`technical feature in Group II is having a binary processor that binarizes the brightness of
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`an image , which is not presented in groups | or III. The special technical feature in
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`Group III is an oral cavity insertion portion type determiner, which is not presented in
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`groups | or II.
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`Groups |-||| lack unity of invention because the groups do not share the same or
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`corresponding technical feature.
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`

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`Application/Control Number: 13/814,116
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`Page 5
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`Art Unit: 3737
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`Applicant is reminded that upon the cancellation of claims to a non-elected
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`invention, the inventorship must be amended in compliance with 37 CFR 1.48(b) if one
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`or more of the currently named inventors is no longer an inventor of at least one claim
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`remaining in the application. Any amendment of inventorship must be accompanied by
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`a request under 37 CFR 1.48(b) and by the fee required under 37 CFR 1.17(i).
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`Applicant is advised that the reply to this requirement to be complete must
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`include (i) an election of a species or invention to be examined even though the
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`requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims
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`encompassing the elected invention.
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`The election of an invention or species may be made with or without traverse. To
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`preserve a right to petition, the election must be made with traverse. If the reply does
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`not distinctly and specifically point out supposed errors in the restriction requirement,
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`the election shall be treated as an election without traverse. Traversal must be
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`presented at the time of election in order to be considered timely. Failure to timely
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`traverse the requirement will result in the loss of right to petition under 37 CFR 1.144.
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`lf
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`claims are added after the election, applicant must indicate which of these claims are
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`readable on the elected invention or species.
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`Should applicant traverse on the ground that the inventions have unity of
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`invention (37 CFR 1.475(a)), applicant must provide reasons in support thereof.
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`Applicant may submit evidence or identify such evidence now of record showing the
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`inventions to be obvious variants or clearly admit on the record that this is the case.
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`Where such evidence or admission is provided by applicant, if the examiner finds one of
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`the inventions unpatentable over the prior art, the evidence or admission may be used
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`in a rejection under 35 U.S.C. 103(a) of the other invention.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to JOSEPH SANTOS whose telephone number is 571 -
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`270-7782. The examiner can normally be reached on Monday through Friday 7:30am -
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`4:00pm.
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`

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`Application/Control Number: 13/814,116
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`Page 6
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`Art Unit: 3737
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, JAMES KISH can be reached on 571-272—5554. The fax phone number for
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`the organization where this application or proceeding is assigned is 571 -273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
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`/JOSEPH M SANTOS/
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`Examiner, Art Unit 3737
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`