DETAILED ACTION
Applicant's response, filed 6 April 2026, has been fully considered. Rejections and/or objections not reiterated from previous Office Actions are hereby withdrawn. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
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 Status
Claims 1-4, 6-13, and 15 are currently pending and under exam herein.
Claims 5 and 14 have been cancelled herein.
Priority
The instant Application is the National Stage filing of PCT/2020/006139, filed 11 May 2020 which claims the benefit of Foreign priority to KR 10-2019-0083834, filed 11 July 2019. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Each of claims 1-15 herein enjoy the priority to the EFD of 11 July 2019.
Specification
Note: All references to the Specification herein pertain to the PG publication: 20220249202.
Claim Rejections - 35 USC § 112(b)-Indefiniteness-Withdrawn
The outstanding rejections under 35 USC 112(b) are withdrawn in view of the claim amendment presented herein.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
1. Claims 1, 2, 6-11, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (WO2018/066764 published 04/12/2018) in view of Meyer (International Journal CARS (2010) Vol. 5:69-76).
(It is noted herein that the citations below to Kim et al. are from the working English translation from the Korean as available via patent.google.com).
The instant rejection is newly recited and based on claim amendment herein as the claims as now presented are limiting to a different context than previously recited pertaining to the user operation signal and generation of cross-sectional images to the signal and bone density cross-sections as claimed. The display is now recited as based on the receipt of a user operation signal and the analyzed bone density color for each cross-sectional image with respect to the fixture.
Claim 1 is directed to:
A bone density displaying method comprising (Kim et al. disclose getting three-dimensional image data from the oral cavity-abstract):
generating a virtual bone density display area with respect to a placed fixture in a dental image, and overlaying the virtual bone density display area at a position of the fixture, during establishment of an implant procedure plan (“generating images for an implant evaluation”-abstract and further disclosing “Implant diagnosis image generation system according to the prior art, by using a computer tomography (CT) to visually display the oral area of the patient to assist the simulation procedure, etc., which is very important in determining the implantation position, depth and orientation of the implant. There is a problem that the indication of the bone density of the alveolar bone is provided in an inaccurate and difficult to recognize state”-Description section; further teaching includes that “When the virtual fixture to be placed in the superimposition, an implant diagnosis image generating system may be visually displayed on the basis of the virtual fixture to display the bone density around the virtual fixture”)
analyzing a bone density corresponding to the bone density display area; and (Kim et al. disclose analysis of bone density of the aveolar bone-Description section teaching, “in particular, the bone density of the alveolar bone is a very important factor in implant placement, and the placement position, depth and direction of the implant are determined according to the condition of the bone density of the patient” and further “an object of the present invention is to provide an image diagnosis system for implant diagnosis and a method of generating the same, which can visually display bone density of alveolar bone around a virtual position where a fixture is to be placed, based on the fixture”
displaying based on receiving a user operation signal for entering a multiple bone density display mode, the analyzed bone density as color information in the bone density display area of each of a plurality of consecutive cross-sectional images with respect to the fixture. (Kim et al. disclose that, “the data processing apparatus may visually display a bone density of an area in contact with an outer contour of the virtual fixture. The bone density around the virtual fixture may be displayed in different colors according to the numerical value of the bone density. The color may be colored”).
With respect to claim 2, Kim et al. disclose that teeth may be registered with markers for matching image data with second image data and may be spaced apart from one another (Description: The Plaster Patterns of Teeth may be provided with registration markers for matching the first stereoscopic image data with the second stereoscopic image data. The matching reference markers may be provided in plural and may be spaced apart from each other. The data processing apparatus includes an input unit for receiving information from a user; A generation unit which generates the integrated stereoscopic image data and is electrically connected to the input unit and corrects the integrated stereoscopic image data according to information input from the user; And a display unit electrically connected to the operation unit to visually display the integrated stereoscopic image data and the bone density around the virtual fixture).
With respect to claim 6, Kim et al. disclose getting a selection for a particular area, analyzing bone density and display of said density (Description- “In the bone density display step (S140), the bone density of the area in contact with the outer contour of the virtual fixture P calculated by the calculator 132 is displayed in different colors according to the numerical value of the bone density. As described above, in the implant diagnosis image generating system and method according to the present embodiment, the bone density around the virtual fixture P is displayed in different colors according to the numerical value of the bone density, thereby allowing the user to surround the virtual fixture P. There is an advantage to be able to intuitively recognize the bone density of”).
With respect to claim 7, Kim et al. disclose, “The first image information obtaining apparatus 110 acquires first stereoscopic image data of an oral region of the subject. The first image information obtaining apparatus 110 of the present embodiment includes computed tomography (CT). The first stereoscopic image data of the present embodiment refers to a stereoscopic image implemented using a plurality of cross-sectional images” [Description].
With respect to claim 8, Kim et al. disclose, “The data processing apparatus may visually display a bone density of an area in contact with an outer contour of the virtual fixture. The bone density around the virtual fixture may be displayed in different colors according to the numerical value of the bone density. The color may be colored.”
With respect to claim 9, Kim et al. disclose axial views of planar images as disclosed, “The plurality of divided areas may include: a first area in which a planar image obtained by cutting the pre-matched integrated stereoscopic image data into a first axis and a second axis intersecting the first axis” etc… [Disclosure].
With respect to claim 10, Kim et al. disclose an image processing device comprising (Kim et al. disclose a processing device at Figure 1 (130):
an output unit configured to overlay, with respect to a placed fixture in a dental image, a virtual bone density display area at a position of the fixture, and display a bone density as color information in the bone density display area, when a bone density display mode is entered (Kim et al. disclose an output unit at Figure 1 (133) and wherein “generating images for an implant evaluation”-abstract and further disclosing “Implant diagnosis image generation system according to the prior art, by using a computer tomography (CT) to visually display the oral area of the patient to assist the simulation procedure, etc., which is very important in determining the implantation position, depth and orientation of the implant. There is a problem that the indication of the bone density of the alveolar bone is provided in an inaccurate and difficult to recognize state”-Description section; further teaching includes that “When the virtual fixture to be placed in the superimposition, an implant diagnosis image generating system may be visually displayed on the basis of the virtual fixture to display the bone density around the virtual fixture” [Description];
an input unit configured to receive a user operation signal (Kim et al. disclose a unit to receive signal at Figure 1); and
a controller configured to generate a bone density display area while performing the bone density display mode in response to the received user operation signal, analyze a bone density corresponding to a preset bone density display area, and then configure and provide, to the output unit, a screen for displaying the analyzed bone density as color information in the bone density display area wherein the controller is configured to provide, to the output unit, based on the input unit receiving a user operation signal for entering a multiple bone density display mode, the analyzed bone density as color information in the bone density display area of each of a plurality of consecutive cross-sectional images with respect to the fixture. (Kim et al. disclose said system at Figure 1 and further wherein the data processing apparatus may visually display a bone density of an area in contact with an outer contour of the virtual fixture. The bone density around the virtual fixture may be displayed in different colors according to the numerical value of the bone density. The color may be colored”).
With respect to claim 11, Kim et al. disclose processing apparatus may visually display a bone density of an area in contact with an outer contour of the virtual fixture. The bone density around the virtual fixture may be displayed in different colors according to the numerical value of the bone density. The color may be colored”; Kim et al. further include, “The Plaster Patterns of Teeth may be provided with registration markers for matching the first stereoscopic image data with the second stereoscopic image data. The matching reference markers may be provided in plural and may be spaced apart from each other. The data processing apparatus includes an input unit for receiving information from a user; A generation unit which generates the integrated stereoscopic image data and is electrically connected to the input unit and corrects the integrated stereoscopic image data according to information input from the user; And a display unit electrically connected to the operation unit to visually display the integrated stereoscopic image data and the bone density around the virtual fixture”
With respect to claim 15, Kim et al. disclose, “The data processing apparatus may visually display a bone density of an area in contact with an outer contour of the virtual fixture. The bone density around the virtual fixture may be displayed in different colors according to the numerical value of the bone density. The color may be colored.”
The prior art to Kim et al. does not specifically disclose displaying based on receiving a user operation signal for entering a multiple bone density display mode, the analyzed bone density as color information in the bone density display area of each of a plurality of consecutive cross-sectional images with respect to the fixture (claim 1), or wherein the controller is configured to provide, to the output unit, based on the input unit receiving a user operation signal for entering a multiple bone density display mode, the analyzed bone density as color information in the bone density display area of each of a plurality of consecutive cross-sectional images with respect to the fixture (claim 10), as now amended.
However, the prior art to Meyer discloses “enabling the mapping of information derived from virtual bone density measurements onto a geometric object, thus providing the necessary information to relate other information from mechanical testing or simulations to the respective site” (abstract). Meyer further discloses that “the position of the implant is determined by three-dimensional (3-D) volume rendering(Fig.3).Two 3-D locations are selected interactively to define the upper left and lower right corners of the cross-section, which is then written to a buffer for further analysis. These cross-sectional images, which are obtained from the CT scan using tri-linear interpolation, are then analyzed by an algorithm specifically designed for the computation of bone density values vertically strewn along the buccal and lingual sides of the implants” (page 70, col. 2). Further, Meyer teaches a 3-D view, with respect to the implant that indicates location of the cross-section (Figure 3) and color enhancement. Meyer further describe that “the bone density profiles as described in “Implant materials and sites are mapped back to a 3-D volume and rendered together with the CT scan. Alternatively, bone density information can also be shown directly in a volumetric rendering of the CT scan (“3-D volume visualization”). Gradient-based color and opacity transfer functions are employed to obtain a3-D, translucent image of the maxilla, the embedded implants and teeth, and the density of the bone at each voxel. The color in these images indicates the density of the bone (green: low, amber: medium, red: high; Figs. 9, 10). Finally, a hybrid rendering mode is employed to show the 2-D bone density profiles for the buccal and the lingual side of an implant in their anatomical context. This mode is called hybrid visualization (“Hybrid visualization”; Fig. 11)” (page 73) and finally that “in order to combine information from different sources (density profiles, anatomical data, and color-coded bone density), a hybrid visualization mode was introduced. In this mode the 2-D cross-sections extracted from the volume data set combined with the intensity profiles associated with the buccal and lingual sides of the implant and the value of the line integral as a highlighted area are superimposed onto the volumetric data set in their correct anatomical position. When rotating the data set, each implant can be inspected, and the corresponding data come into view. This hybrid mode combines 3-D volume rendering, as described in “3-D volume visualization”, with the 2-D cross sectional data, as described in “Mapping of osseointegration data”, to provide a comprehensive view of the degree of osseointegration for various implant sites. Figure 11 shows a hybrid rendering for the selected implant sites 10 and 12” (p.74). As such, Meyer teaches the rendering of 3-D image color cross-sectional display with respect to the implant that is performed after image acquisition by a user and as such fairly teaches the instant claimed implementations.
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have combined the teachings of Kim et al. and Meyer to arrive at the instant claims because both references are in the same filed of endeavor and one would expect a reasonable expectation of success in so doing because both references disclose image rendering for bone density applications and would be expected to combine the known methods wherein each one would have recognized that the results of said combination are predictable.
2. Claims 3, 4, 12, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (WO2018/066764 published 04/12/2018) in view of Meyer (International Journal CARS (2010) Vol. 5:69-76), as applied to claims 1 and 10 above and further in view of Chugh et al. (Journal of Oral Biology and Craniofacial research (2013) Vol. 3:92-97).
(It is noted herein that the citations below to Kim et al. are from the working English translation from the Korean as available via patent.google.com).
The instant rejection is newly recited and based on claim amendment herein as the claims as now presented are limiting to a different context than previously recited pertaining to the user operation signal and generation of cross-sectional images to the signal and bone density cross-sections as claimed. The display is now recited as based on the receipt of a user operation signal and the analyzed bone density color for each cross-sectional image with respect to the fixture.
Claim 1 is directed to:
A bone density displaying method comprising (Kim et al. disclose getting three-dimensional image data from the oral cavity-abstract):
generating a virtual bone density display area with respect to a placed fixture in a dental image, and overlaying the virtual bone density display area at a position of the fixture, during establishment of an implant procedure plan (“generating images for an implant evaluation”-abstract and further disclosing “Implant diagnosis image generation system according to the prior art, by using a computer tomography (CT) to visually display the oral area of the patient to assist the simulation procedure, etc., which is very important in determining the implantation position, depth and orientation of the implant. There is a problem that the indication of the bone density of the alveolar bone is provided in an inaccurate and difficult to recognize state”-Description section; further teaching includes that “When the virtual fixture to be placed in the superimposition, an implant diagnosis image generating system may be visually displayed on the basis of the virtual fixture to display the bone density around the virtual fixture”)
analyzing a bone density corresponding to the bone density display area; and (Kim et al. disclose analysis of bone density of the aveolar bone-Description section teaching, “in particular, the bone density of the alveolar bone is a very important factor in implant placement, and the placement position, depth and direction of the implant are determined according to the condition of the bone density of the patient” and further “an object of the present invention is to provide an image diagnosis system for implant diagnosis and a method of generating the same, which can visually display bone density of alveolar bone around a virtual position where a fixture is to be placed, based on the fixture”
displaying based on receiving a user operation signal for entering a multiple bone density display mode, the analyzed bone density as color information in the bone density display area of each of a plurality of consecutive cross-sectional images with respect to the fixture. (Kim et al. disclose that, “the data processing apparatus may visually display a bone density of an area in contact with an outer contour of the virtual fixture. The bone density around the virtual fixture may be displayed in different colors according to the numerical value of the bone density. The color may be colored”).
With respect to claim 10, Kim et al. disclose an image processing device comprising (Kim et al. disclose a processing device at Figure 1 (130):
an output unit configured to overlay, with respect to a placed fixture in a dental image, a virtual bone density display area at a position of the fixture, and display a bone density as color information in the bone density display area, when a bone density display mode is entered (Kim et al. disclose an output unit at Figure 1 (133) and wherein “generating images for an implant evaluation”-abstract and further disclosing “Implant diagnosis image generation system according to the prior art, by using a computer tomography (CT) to visually display the oral area of the patient to assist the simulation procedure, etc., which is very important in determining the implantation position, depth and orientation of the implant. There is a problem that the indication of the bone density of the alveolar bone is provided in an inaccurate and difficult to recognize state”-Description section; further teaching includes that “When the virtual fixture to be placed in the superimposition, an implant diagnosis image generating system may be visually displayed on the basis of the virtual fixture to display the bone density around the virtual fixture” [Description];
an input unit configured to receive a user operation signal (Kim et al. disclose a unit to receive signal at Figure 1); and
a controller configured to generate a bone density display area while performing the bone density display mode in response to the received user operation signal, analyze a bone density corresponding to a preset bone density display area, and then configure and provide, to the output unit, a screen for displaying the analyzed bone density as color information in the bone density display area wherein the controller is configured to provide, to the output unit, based on the input unit receiving a user operation signal for entering a multiple bone density display mode, the analyzed bone density as color information in the bone density display area of each of a plurality of consecutive cross-sectional images with respect to the fixture. (Kim et al. disclose said system at Figure 1 and further wherein the data processing apparatus may visually display a bone density of an area in contact with an outer contour of the virtual fixture. The bone density around the virtual fixture may be displayed in different colors according to the numerical value of the bone density. The color may be colored”).
The prior art to Kim et al. does not specifically disclose limitations that include calculations of average bone density and classification of the specific density grade as hard bone, normal bone and soft bone as in claims 3-4 and 12-13. However, the art to Chugh et al. discloses classification of bone density in particular and specific regions of interest in the field of dentistry with specific interest for dental implant applications (abstract; page 93, col. 1). Chugh et al. disclose various methodologies for assessment of bone density at pages 93-94 and classifications techniques at page 94, wherein bone density classifications include those as described in Roberts et al. (page 94, part iii, col. 1) that arrange bone densities into most to least dense which fairly includes “normal”, “hard” and “soft” as currently claimed. It is noted that no particular definition of “hard”, “soft” and “normal” are limited in the instant Specification and as such, the prior art is interpreted as reading on these classifications. See also the classifications are presented at Figure 1.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the classifications and average densities as described by the Chugh et al. reference with the techniques as disclosed in Kim et al. One would have been motivated to do so because Kim et al. disclose that high and low bone mineral densities (BMDs) are assessed, including, “in the present embodiment, the high BMD is shown in yellow or green and the low BMD is shown in red or blue. The scope of the present invention is not limited thereto, and the BMD may be displayed in various other colors” [Description]. Further Chugh et al. disclose that “measurement of these properties would be useful for planning sites for implant placement and determination of bone healing in dental implantology, as well as evaluation of orthodontic tooth movement” (page 93, col. 1). As such, one would have had a reasonable expectation of success in so doing as both references are in the same area of endeavor.
The prior art to Kim et al. and Chugh et al. do not specifically disclose displaying based on receiving a user operation signal for entering a multiple bone density display mode, the analyzed bone density as color information in the bone density display area of each of a plurality of consecutive cross-sectional images with respect to the fixture (claim 1-amended), or wherein the controller is configured to provide, to the output unit, based on the input unit receiving a user operation signal for entering a multiple bone density display mode, the analyzed bone density as color information in the bone density display area of each of a plurality of consecutive cross-sectional images with respect to the fixture (claim 10-amended), as now amended.
However, the prior art to Meyer discloses “enabling the mapping of information derived from virtual bone density measurements onto a geometric object, thus providing the necessary information to relate other information from mechanical testing or simulations to the respective site” (abstract). Meyer further discloses that “the position of the implant is determined by three-dimensional (3-D) volume rendering (Fig.3).Two3-D locations are selected interactively to define the upper left and lower right corners of the cross-section, which is then written to a buffer for further analysis. These cross-sectional images, which are obtained from the CT scan using tri-linear interpolation, are then analyzed by an algorithm specifically designed for the computation of bone density values vertically strewn along the buccal and lingual sides of the implants” (page 70, col. 2). Further, Meyer teaches a 3-D view, with respect to the implant that indicates location of the cross-section (Figure 3) and color enhancement. Meyer further describe that “the bone density profiles as described in implant materials and sites are mapped back to a 3-D volume and rendered together with the CT scan. Alternatively, bone density information can also be shown directly in a volumetric rendering of the CT scan (“3-D volume visualization”). Gradient-based color and opacity transfer functions are employed to obtain a3-D, translucent image of the maxilla, the embedded implants and teeth, and the density of the bone at each voxel. The color in these images indicates the density of the bone (green: low, amber: medium, red: high; Figs. 9, 10). Finally, a hybrid rendering mode is employed to show the 2-D bone density profiles for the buccal and the lingual side of an implant in their anatomical context. This mode is called hybrid visualization (“Hybrid visualization”; Fig. 11)” (page 73) and finally that “in order to combine information from different sources (density profiles, anatomical data, and color-coded bone density), a hybrid visualization mode was introduced. In this mode the 2-D cross-sections extracted from the volume data set combined with the intensity profiles associated with the buccal and lingual sides of the implant and the value of the line integral as a highlighted area are superimposed onto the volumetric data set in their correct anatomical position. When rotating the data set, each implant can be inspected, and the corresponding data come into view. This hybrid mode combines 3-D volume rendering, as described in “3-D volume visualization”, with the 2-D cross sectional data, as described in “Mapping of osseointegration data”, to provide a comprehensive view of the degree of osseointegration for various implant sites. Figure 11 shows a hybrid rendering for the selected implant sites 10 and 12” (p.74). As such, Meyer teaches the rendering of 3-D image color cross-sectional display with respect to the implant that is performed after image acquisition by a user and as such fairly teaches the instant claimed implementations.
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have combined the teachings of Kim et al., Chugh et al. and Meyer to arrive at the instant claims because said references are in the same field of endeavor and one would expect a reasonable expectation of success in so doing because both references disclose image rendering for bone density applications and would be expected to combine the known methods wherein each one would have recognized that the results of said combination are predictable.
Conclusion
No claims are allowed.
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.
Inquiries
Papers related to this application may be submitted to Technical Center 1600 by facsimile transmission. Papers should be faxed to Technical Center 1600 via the PTO Fax Center. The faxing of such papers must conform to the notices published in the Official Gazette, 1096 OG 30 (November 15, 1988), 1156 OG 61 (November 16, 1993), and 1157 OG 94 (December 28, 1993) (See 37 CFR § 1.6(d)). The Central Fax Center Number is (571) 273-8300.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lori A. Clow, whose telephone number is (571) 272-0715. The examiner can normally be reached on Monday-Thursday from 11:00AM to 9:00PM ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Karlheinz Skowronek can be reached on (571) 272-9047.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to (571) 272-0547.
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/Lori A. Clow/Primary Examiner, Art Unit 1687
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