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 Status
Claims 1-15 are currently pending and under exam 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.
Information Disclosure Statement
The Information Disclosure Statements filed 29 December 2021; 5 June 2023; and 9 November 2023 are in compliance with the provisions of 37 CFR 1.97 and have therefore been considered. Signed copies of the IDS documents are included with this Office Action.
Drawings
The Drawings filed 29 December 2021 have been accepted.
Specification
Note: All references to the Specification herein pertain to the PG publication: 20220249202.
Claim Rejections - 35 USC § 112(b)-Indefiniteness
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-9 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1 recites, “a multiple bone density displaying method” wherein the claim is unclear with respect to the recitation of a “multiple bone density displaying method”, as the term “multiple bone density display” is not a term of art nor is there a definition provided by the instant Specification. For examination purposes the claim is interpreted as a multi-dimensional bone density display method. Dependent claims 2-9 fail to clarify the above and are also included as rejected herein. Clarification is requested through clearer claim language.
Claim Rejections - 35 USC § 102
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 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.
1. Claims 1-2, 5-11, and 14-15 are rejected under 35 U.S.C. (a)(2) as being anticipated by Kim et al. (WO2018/066764 published 04/12/2018). (It is noted herein that the citations below are from the working English translation from the Korean as available via patent.google.com)
Claim 1 is directed to:
A multiple 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 the analyzed bone density as color information in the bone density display area (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 5, 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. The scope of the present invention is not limited, and various stereoscopic image acquisition apparatuses, such as a magnetic resonance imaging apparatus, may be used as the first image information acquisition apparatus 110 of the present embodiment; and further include that “Integrated stereoscopic image data should be generated, and a process of registering the first stereoscopic image data and the second stereoscopic image data is necessary to overlap the first stereoscopic image data and the second stereoscopic image data”; and further “The bone density around the virtual fixture may be displayed in different colors according to the numerical value of the bone density”. [Description].
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].
Claim 10 is directed to:
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 (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 14, 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 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.”
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 3-4 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (WO2018/066764 published 04/12/2018), as applied to claims and 10 and in further 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)
Claim 1 is directed to:
A multiple 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 the analyzed bone density as color information in the bone density display area (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 (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.
Conclusion
No claims are allowed.
With respect to 35 USC 101, the instant claims are found eligible under 35 USC 101 because the claims include steps directed to virtual image generation and overlay which are not steps that are abstract.
E-mail Communications Authorization
Per updated USPTO Internet usage policies, Applicant and/or applicant’s representative is encouraged to authorize the USPTO examiner to discuss any subject matter concerning the above application via Internet e-mail communications. See MPEP 502.03. To approve such communications, Applicant must provide written authorization for e-mail communication by submitting following form via EFS-Web or Central Fax (571-273-8300): PTO/SB/439. Applicant is encouraged to do so as early in prosecution as possible, so as to facilitate communication during examination.
Written authorizations submitted to the Examiner via e-mail are NOT proper. Written authorizations must be submitted via EFS-Web or Central Fax (571-273-8300). A paper copy of e-mail correspondence will be placed in the patent application when appropriate. E-mails from the USPTO are for the sole use of the intended recipient, and may contain information subject to the confidentiality requirement set forth in 35 USC § 122. See also MPEP 502.03.
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 12:00PM to 10:00PM 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.
Patent applicants with problems or questions regarding electronic images that can be viewed in the Patent Application Information Retrieval system (PAIR) can now contact the USPTO’s Patent Electronic Business Center (Patent EBC) for assistance. Representatives are available to answer your questions daily from 6 am to midnight (EST). The toll free number is (866) 217-9197. When calling please have your application serial or patent number, the type of document you are having an image problem with, the number of pages and the specific nature of the problem. The Patent Electronic Business Center will notify applicants of the resolution of the problem within 5-7 business days. Applicants can also check PAIR to confirm that the problem has been corrected. The USPTO’s Patent Electronic Business Center is a complete service center supporting all patent business on the Internet. The USPTO’s PAIR system provides Internet-based access to patent application status and history information. It also enables applicants to view the scanned images of their own application file folder(s) as well as general patent information available to the public.
/Lori A. Clow/Primary Examiner, Art Unit 1687