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 .
Status of Claims
This Office Action is in response to the application filed on September, 15, 2025. Claims 1-3, 10-15, 17-27, and 30-33 are pending, while claims 4-9, 16, and 28-29 are canceled. Claims 1, 10, and 18-20 are amended. Claims 1 and 18-20 being independent.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on September, 15, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments/Amendment
Applicant’s Remarks filed on September, 15, 2025 has been entered and made of record. Claims 1, 10, and 18-20 have been amended.
Applicant’s arguments, (see Remarks, page 8-10), filled September, 15, 2025, with respect to the rejection(s) of claim(s) 1, and 18-20 have been fully considered and are persuasive. Accordingly, the previous rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Merritt, Scott A (WO-2014152519-A2).
Claim Rejections - 35 USC 5 103
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.
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
Claims 1-3, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Pesach et al (US-20190262098-A1) hereinafter "Pesach" in view of Merritt, Scott A (WO-2014152519-A2) hereinafter “Merritt” in further view of Clausen et al (US-20190014970-A1) hereinafter “Clausen”.
Regarding claim 1 Pesach-Merritt-Clausen
Pesach discloses 1. (currently Amended) A method comprising:
providing a dental instrument having a drill; ( Fig. 1, 100, 120 [0117] “ the dental digital impression system 100 comprises a dental drill (dental drilling handpiece) 120 ”)
providing a camera (Pesach, [0161] “a camera 180 or any other suitable means for optical tracking.”) fixedly attached to or integrated into the dental instrument (Pesach, [0161] “The camera 180 may be placed at any suitable location allowing view of a positioning target (such as landmark features of bur 134). For example, camera 180 is placed along the hand piece 124 of the drill 120.);
. . .
capturing, by the camera, invisible or poorly visible areas in an oral cavity of a patient by configuring the camera to capture at least an area of operation of the drill of the dental instrument; (Pesach, [0056] “In some embodiments, the system further comprises optical tracking of the oral cavity. The optical tracking may comprise a camera placed on a dental preparation tool or within the dental digital impression system. In some embodiments, at least one optical fiber may be placed within the bur. The optical fiber may detect portions of the oral cavity by its chromatic variations, and/or by another optical property.”)
. . .
computing a positional relationship between the drill of the dental instrument and the jaw, responsive to the correspondence search, based at least in part on the computed position of the camera or dental instrument and a distance between the drill and the camera or dental instrument; (Pesach, see elements 180 and 150 in FIG. IA, [0121] "Optionally, sensor 150 is configured to be placed and fixed during preparation to at least one tooth 140, at any suitable location for tracking (within the modulated electromagnetic field 148) the 3-D spatial location (e.g. the distance and angle) of the bur 134 relative to the sensor 150. Additionally, or alternatively, sensor 150 is mounted on the body of the drill 120 itself. Optionally, sensor 150 is mounted on the body of the drill temporarily, for example as an add-on (e.g., using an external bracket), sensor 150 mounted to the drill handle.");
computing and presenting information about a deviation of one or more actual drilling parameters from one or more corresponding planned drilling parameters to aid a user during drilling; (Pesach, see elements 806 and 812 in FIG. 8, [0213] "At block 812, in some embodiments, the processing unit provides guidance to the dentist for the removal tooth layers according, for example, to the preparation design of block 806. In some embodiments, the guidance is provided by visual and/or audio feedback. In some embodiments, the drill is automatically slowed and/or stopped as it reaches a boundary of the tooth volume planned to be removed.").
. . .
Pesach does not explicitly disclose
performing a calibration of the camera with use of a pattern plate having a hole for receiving the drill during the calibration, wherein the drill is inserted into the hole during the calibration and the calibration is used to determine a distance between the drill and the camera or dental instrument;
comparing two-dimensional (2D) images from the camera with a three-dimensional (3D) model of the patient's jaw, based on matching during runtime at least one characteristic feature of teeth present in at least one of the 2D images with a corresponding characteristic feature present in the 3D model using a correspondence search, to compute a position of the camera or dental instrument in relation to the patient's jaw;
wherein the correspondence search is used to assign said at least one of the 2D images to a jaw region by computing a projection of the 3D model that corresponds to said at least one of the 2D images;
However, in the same field of endeavor Merritt discloses more explicitly the following:
performing a calibration of the camera with use of a pattern plate having a hole for receiving the drill during the calibration, wherein the drill is inserted into the hole during the calibration and the calibration is used to determine a distance between the drill and the camera or dental instrument; (Merritt discloses, paragraph [0054], an oral fixture (support 14) that includes a plurality of fiducial markers 34 mounted on the support for spatial registration. Paragraph [0054] further teaches that the support 14 includes marker mounts 36, which may be holes or indentions formed in the support 14 and are designed to receive the fiducial marker 34. This configuration enables the system to determine where the oral fixture 12 (and thus camera) is relative to the patient’s teeth. “The oral fixture 12 also includes a plurality of fiducial markers 34 mounted on the support 14…the system to determine where the oral fixture 12 (and thus the camera) is relative to the patient's teeth. …the support 14 includes marker mounts 36 which may be holes or indentations formed in the support 14 and are designed to receive the fiducial markers 34”
Paragraph [0055] further explains that the fiducial markers 34 are spherical in shape or ceramic ball bearings, making them easily detectable and defining precise, known spatial reference points on the calibration plate. Figures 1-3 clearly illustrate support 14 with holes 36 receiving spherical fiducials 34, establishing the structure of a pattern plate having holes or spherical recesses. “The fiducial markers 34 may be spherical in shape and/or colored so as to be easily detected by a technician or doctor, as well as the software being used. …In one embodiment, the fiducial markers 34 are ceramic ball bearings.” Figs. 1-3: show support 14 with holes 36 receiving spherical fiducials 34.”
Paragraph [0057] then introduces a dental surgical tool 102 (drill), a tool fixture 100, and a camera 105 mounted on a tool camera mount 104, where the system is configured to secure and position the camera relative to the drill to determine spatial geometry. When the camera 105 observes the fiducial markers 34 received in the hole 36, the system determines the distance and orientation between the drill 102 and the camera 105 based on the known positions of those fiducials on the calibration plate “Referring now to Figs. 5 and 6, a tool fixture 100 according to one embodiment is shown. The tool fixture 100 is mounted to or part of a dental surgical tool 102, such as a drill. The tool fixture 100 preferably includes at least one tool camera mount 104 for securing and positioning a camera relative to the tool 102. The tool camera mount 104 is preferably configured to orient the camera 105 so as to detect a surface that is not where the tool 102 is to be operating on. That is, the tool camera mount 104 angles the camera away from the drilling or operating location….”
Therefore, it would have been obvious to a person having ordinary skill in the art before
the effective filing date of the application to modify the teachings of Pesach in view of Merritt as outlined above in order to incorporate a system for “performing a calibration of the camera with use of a pattern plate having a hole for receiving the drill during the calibration, wherein the drill is inserted into the hole during the calibration and the calibration is used to determine a distance between the drill and the camera or dental instrument.” as suggested by Merritt.
The reasoning is that one ordinary skill in the art would have been motivated to incorporate Merritt’s calibration approach into Pesach, thereby improving spatial accuracy and reducing celebration error between drill and the camera, in order to provide “an image guidance system capable of efficiently tracking a patient's mouth movement during oral surgery.” (Merritt, [0045])
Pesach-Merritt does not explicitly disclose
comparing two-dimensional (2D) images from the camera with a three-dimensional (3D) model of the patient's jaw, based on matching during runtime at least one characteristic feature of teeth present in at least one of the 2D images with a corresponding characteristic feature present in the 3D model using a correspondence search, to compute a position of the camera or dental instrument in relation to the patient's jaw;
wherein the correspondence search is used to assign said at least one of the 2D images to a jaw region by computing a projection of the 3D model that corresponds to said at least one of the 2D images;
However, in the same field of endeavor Clausen discloses more explicitly the following:
comparing two-dimensional (2D) images from the camera with a three-dimensional (3D) model of the patient's jaw, based on matching during runtime at least one characteristic feature of teeth present in at least one of the 2D images with a corresponding characteristic feature present in the 3D model using a correspondence search, to compute a position of the camera or dental instrument in relation to the patient's jaw; ( Clausen [0061] “The virtual camera is then used to view the 3D dental restorations and the 3D model from the same field of view. Subsequently the 3D model and 3D restoration are aligned with the 2D image by aligning the respective reference points to each other. The alignment involves a transformation such as shifting the position rotating and scaling the 3D model so that the reference points align correctly. When the alignment has been applied to the 3D model, the 3D restoration can be overlaid very precisely on top of the 2D image as shown in FIG. 1e.”)
wherein the correspondence search is used to assign said at least one of the 2D images to a jaw region by computing a projection of the 3D model that corresponds to said at least one of the 2D images; (Clausen, [0060] “With the reference points placed the virtual camera can be estimated and the 3D model and 3D restoration can be aligned with the 2D image and the field of view (FOV) of physical camera used to obtain the 2D image…. [0061] “The virtual camera is then used to view the 3D dental restorations and the 3D model from the same field of view. Subsequently the 3D model and 3D restoration are aligned with the 2D image by aligning the respective reference points to each other. The alignment involves a transformation such as shifting the position rotating and scaling the 3D model so that the reference points align correctly. When the alignment has been applied to the 3D model, the 3D restoration can be overlaid very precisely on top of the 2D image as shown in FIG. 1e.”)
Therefore, it would have been obvious to a person having ordinary skill in the art before
the effective filing date of the application to modify the teachings of Pesach with Clausen to create the system of Pesach as outlined above so as “comparing two-dimensional (2D) images from the camera with a three-dimensional (3D) model of the patient's jaw, based on matching during runtime at least one characteristic feature of teeth present in at least one of the 2D images with a corresponding characteristic feature present in the 3D model using a correspondence search, to compute a position of the camera or dental instrument in relation to the patient's jaw;” wherein the correspondence search is used to assign said at least one of the 2D images to a jaw region by computing a projection of the 3D model that corresponds to said at least one of the 2D images; as suggested by Clausen.
The reasoning being is that “by surrounding anatomic features when viewed with the virtual camera, imaging the visible area of the 3D dental restoration with the 2D image. This provides an image which with high accuracy gives the dentist and the patient a visual presentation of the final result of a dental treatment.” (Clausen, Abstract)
Note: The motivation that was utilized in the rejection of claim 1, applies equally as well to claims 2-3 and 17-19.
Regarding claim 2 Pesach-Merritt-Clausen
Pesach-Merritt-Clausen discloses 2. The method of claim 1,
wherein the one or more corresponding planned drilling parameters include a drilling angle and a drilling depth (Pesach, element 120 and 180 in FIG. 2A, [0121] “Optionally, sensor 150 is configured to be placed and fixed during preparation to at least one tooth 140, at any suitable location for tracking (within the modulated electromagnetic field 148) the 3-D spatial location (e.g., the distance and angle) of the bur 134 relative to the sensor 150. Additionally, or alternatively, sensor 150 is mounted on the body of the drill 120 itself. Optionally, sensor 150 is mounted on the body of the drill temporarily, for example as an add-on (e.g., using an external bracket), sensor 150 mounted to the drill handle. A handle-mounted sensor optionally measures movement of magnet 144 relative to the drill 120, which can be combined with another measurement of drill position (e.g., by optical, magnetic, inertial, and/or other sensing) in order to account for relative movements, e.g., due to flexing and/or wobble. [0184] As another example: in some embodiments, tip spatial location (x, y, z) is obtained from tracking magnet 144, and bur angle is obtained by combining information of bur angle relative to drill 120 and drill 120 angular information obtained from tilt/rotation sensor 231 embedded with drill 120.") Pesach describes the depth element of this invention through the inclusion of a x, y, z-axis, which would include the depth of the drilling tool while in use.”)
Regarding claim 3 Pesach-Merritt-Clausen
Pesach-Merritt-Clausen discloses 3. The method of claim 1.
further comprising: displaying the captured invisible or poorly visible areas of the oral cavity and/or displaying the computed position of the drill in relation to the patient's jaw, (Pesach, see element 180 in Fig. 2A, [0172] “the water jet can be pulsed, such that between water pulses, a clear image of at least one tooth or any other object in the oral cavity and/or the drill bur 134 can be obtained by the camera 180 for optical tracking of the bur tip 154. Optionally, the images are captured using triggered signals synchronized with the water pulses to allow imaging in between pulses. Optionally, illumination from LED 200 is also synchronized to illuminate between water pulses.” [0196] “The visual indication can be, for instance, a red indicator on the drill handpiece 124.Additionally, or alternatively, a visual indication is shown on a display; for example, a display of a dynamic image of the drill 120 and the prepared tooth, showing the spatial relationship between the drill 120 and the prepared tooth. The display is optionally as a 3-D image, and/or as an image comprising one or more sections, for instance. Optionally, a selected color used is used for indication of the planned volume of dental material to be removed.").
Regarding claim 4-9 Cancelled
Cancelled
Regarding claim 17 Pesach-Merritt-Clausen
Pesach-Merritt-Clausen discloses 17. The method of claim 1,
wherein the camera is positioned on the dental instrument outside a sterilizable area of the dental instrument (Pesach, see element 180 in FIG. 2A, [0161] "In some embodiments, the dental digital impression system 100 comprises a camera 180 or any other suitable means for optical tracking. The camera 180 may be placed at any suitable location allowing view of a positioning target (such as landmark features of bur 134).") Since Pesach states the camera can be placed in any suitable location along the dental instrument, it's likely the orientation of the camera can resemble a sterilized location outside of the patient's mouth.”)
Regarding claim 18 Pesach-Merritt-Clausen
Pesach discloses 18. A computer system comprising: at least one processor configured to perform operations comprising: (Pesach, see FIG. 2A, [0064], "These computer program instructions may be provided to a processor of a general purpose computer, special purpose computer, or other programmable data processing apparatus to produce a machine, such that the instructions, which execute via the processor of the computer or other programmable data processing apparatus, create means for implementing the functions/acts specified in the flowchart and/or block diagram block or blocks."):
Performing a calibration of a camera fixedly attached to or integrated into a dental instrument, ( Pesach, [0144] “ In some embodiments, calibration of the system to allow determination of these coordinates optionally includes determining information about the position of one or more sensors relative to the oral geometry…calibration optionally comprises exact correspondence between a few optically scanned positions of the bur tip and corresponding electromagnetic position sensing readings, without a requirement to know absolutely where the sensor itself sits relative to the oral geometry.” [0161] “the dental digital impression system 100 comprises a camera 180” See Fig. that 1, 100, 180)
. . .
capturing, by the camera ( Pesach, [0161] “the dental digital impression system 100 comprises a camera 180” ) invisible or poorly visible areas in an oral cavity of a patient by configuring the camera to capture at least an area of operation of the drill of the dental instrument; ( Pesach, [0056] “In some embodiments, the system further comprises optical tracking of the oral cavity. The optical tracking may comprise a camera placed on a dental preparation tool or within the dental digital impression system. In some embodiments, at least one optical fiber may be placed within the bur. The optical fiber may detect portions of the oral cavity by its chromatic variations, and/or by another optical property.”)
. . .
computing a positional relationship between the drill of the dental instrument and the jaw, responsive to the correspondence search, based at least in part on the computed position of the camera or dental instrument and a distance between the drill and the camera or dental instrument; (see Pesach, see elements 180 and 150 in FIG. IA, 11 [0121], Pesach discloses, "Optionally, sensor 150 is configured to be placed and fixed during preparation to at least one tooth 140, at any suitable location for tracking (within the modulated electromagnetic field 148) the 3-D spatial location (e.g. the distance and angle) of the bur 134 relative to the sensor 150. Additionally, or alternatively, sensor 150 is mounted on the body of the drill 120 itself. Optionally, sensor 150 is mounted on the body of the drill temporarily, for example as an add-on (e.g., using an external bracket), sensor 150 mounted to the drill handle."); and
computing and presenting information about a deviation of one or more actual drilling parameters from one or more corresponding planned drilling parameters to aid a user during drilling; (see Pesach, see elements 806 and 812 in FIG. 8, 11 [0213], Pesach discloses, "At block 812, in some embodiments, the processing unit provides guidance to the dentist for the removal tooth layers according, for example, to the preparation design of block 806. In some embodiments, the guidance is provided by visual and/or audio feedback. In some embodiments, the drill is automatically slowed and/or stopped as it reaches a boundary of the tooth volume planned to be removed.").
Pesach does not explicitly disclose
the calibration performed with use of a pattern plate having a hole for receiving a drill of the dental instrument during the calibration, wherein the drill is inserted into the hole during the calibration and the calibration is used to determine a distance between the drill and the camera or dental instrument;
comparing two-dimensional (2D) images from the camera with a three-dimensional (3D) model of the patient's jaw, based on matching during runtime at least one characteristic feature of teeth present in at least one of the 2D images with a corresponding characteristic feature present in the 3D model using a correspondence search, to compute a position of the camera or dental instrument in relation to the patient's jaw;
wherein the correspondence search is used to assign said at least one of the 2D images to a jaw region by computing a projection of the 3D model that corresponds to said at least one of the 2D images;
However, in the same field of endeavor Merritt discloses more explicitly the following:
the calibration performed with use of a pattern plate having a hole for receiving a drill of the dental instrument during the calibration, wherein the drill is inserted into the hole during the calibration and the calibration is used to determine a distance between the drill and the camera or dental instrument; (Merritt discloses, paragraph [0054], an oral fixture (support 14) that includes a plurality of fiducial markers 34 mounted on the support for spatial registration. Paragraph [0054] further teaches that the support 14 includes marker mounts 36, which may be holes or indentions formed in the support 14 and are designed to receive the fiducial marker 34. This configuration enables the system to determine where the oral fixture 12 (and thus camera) is relative to the patient’s teeth. “The oral fixture 12 also includes a plurality of fiducial markers 34 mounted on the support 14…the system to determine where the oral fixture 12 (and thus the camera) is relative to the patient's teeth. …the support 14 includes marker mounts 36 which may be holes or indentations formed in the support 14 and are designed to receive the fiducial markers 34”
Paragraph [0055] further explains that the fiducial markers 34 are spherical in shape or ceramic ball bearings, making them easily detectable and defining precise, known spatial reference points on the calibration plate. Figures 1-3 clearly illustrate support 14 with holes 36 receiving spherical fiducials 34, establishing the structure of a pattern plate having holes or spherical recesses. “The fiducial markers 34 may be spherical in shape and/or colored so as to be easily detected by a technician or doctor, as well as the software being used. …In one embodiment, the fiducial markers 34 are ceramic ball bearings.” Figs. 1-3: show support 14 with holes 36 receiving spherical fiducials 34.”
Paragraph [0057] then introduces a dental surgical tool 102 (drill), a tool fixture 100, and a camera 105 mounted on a tool camera mount 104, where the system is configured to secure and position the camera relative to the drill to determine spatial geometry. When the camera 105 observes the fiducial markers 34 received in the hole 36, the system determines the distance and orientation between the drill 102 and the camera 105 based on the known positions of those fiducials on the calibration plate “Referring now to Figs. 5 and 6, a tool fixture 100 according to one embodiment is shown. The tool fixture 100 is mounted to or part of a dental surgical tool 102, such as a drill. The tool fixture 100 preferably includes at least one tool camera mount 104 for securing and positioning a camera relative to the tool 102. The tool camera mount 104 is preferably configured to orient the camera 105 so as to detect a surface that is not where the tool 102 is to be operating on. That is, the tool camera mount 104 angles the camera away from the drilling or operating location…..”
Therefore, it would have been obvious to a person having ordinary skill in the art before
the effective filing date of the application to modify the teachings of Pesach in view of Merritt as outlined above in order to incorporate a system for “performing a calibration of the camera with use of a pattern plate having a hole for receiving the drill during the calibration, wherein the drill is inserted into the hole during the calibration and the calibration is used to determine a distance between the drill and the camera or dental instrument.” as suggested by Merritt.
The reasoning is that one ordinary skill in the art would have been motivated to incorporate Merritt’s calibration approach into Pesach, thereby improving spatial accuracy and reducing celebration error between drill and the camera, in order to provide “an image guidance system capable of efficiently tracking a patient's mouth movement during oral surgery.” (Merritt, [0045])
Pesach-Merritt does not explicitly disclose
comparing two-dimensional (2D) images from the camera with a three-dimensional (3D) model of the patient's jaw, based on matching during runtime at least one characteristic feature of teeth present in at least one of the 2D images with a corresponding characteristic feature present in the 3D model using a correspondence search, to compute a position of the camera or dental instrument in relation to the patient's jaw;
wherein the correspondence search is used to assign said at least one of the 2D images to a jaw region by computing a projection of the 3D model that corresponds to said at least one of the 2D images;
However, in the same field of endeavor Clausen discloses more explicitly the following:
comparing two-dimensional (2D) images from the camera with a three-dimensional (3D) model of the patient's jaw, based on matching during runtime at least one characteristic feature of teeth present in at least one of the 2D images with a corresponding characteristic feature present in the 3D model using a correspondence search, to compute a position of the camera or dental instrument in relation to the patient's jaw; (Clausen [0061] “The virtual camera is then used to view the 3D dental restorations and the 3D model from the same field of view. Subsequently the 3D model and 3D restoration are aligned with the 2D image by aligning the respective reference points to each other. The alignment involves a transformation such as shifting the position rotating and scaling the 3D model so that the reference points align correctly. When the alignment has been applied to the 3D model, the 3D restoration can be overlaid very precisely on top of the 2D image as shown in FIG. 1e.”)
wherein the correspondence search is used to assign said at least one of the 2D images to a jaw region by computing a projection of the 3D model that corresponds to said at least one of the 2D images; (Clausen, [0060] “With the reference points placed the virtual camera can be estimated and the 3D model and 3D restoration can be aligned with the 2D image and the field of view (FOV) of physical camera used to obtain the 2D image…. [0061]
“The virtual camera is then used to view the 3D dental restorations and the 3D model from the same field of view. Subsequently the 3D model and 3D restoration are aligned with the 2D image by aligning the respective reference points to each other. The alignment involves a transformation such as shifting the position rotating and scaling the 3D model so that the reference points align correctly. When the alignment has been applied to the 3D model, the 3D restoration can be overlaid very precisely on top of the 2D image as shown in FIG. 1e.”)
Therefore, it would have been obvious to a person having ordinary skill in the art before
the effective filing date of the application to modify the teachings of Pesach with Clausen to create the system of Pesach as outlined above so as “comparing two-dimensional (2D) images from the camera with a three-dimensional (3D) model of the patient's jaw, based on matching during runtime at least one characteristic feature of teeth present in at least one of the 2D images with a corresponding characteristic feature present in the 3D model using a correspondence search, to compute a position of the camera or dental instrument in relation to the patient's jaw;” wherein the correspondence search is used to assign said at least one of the 2D images to a jaw region by computing a projection of the 3D model that corresponds to said at least one of the 2D images; as suggested by Clausen.
The reasoning being is that “by surrounding anatomic features when viewed with the virtual camera, imaging the visible area of the 3D dental restoration with the 2D image. This provides an image which with high accuracy gives the dentist and the patient a visual presentation of the final result of a dental treatment.” (Clausen, Abstract)
Regarding claim 19 Pesach-Merritt-Clausen
Pesach discloses A non-transitory computer-readable storage medium
storing a program which, when executed by a computer system, causes the computer system to perform a procedure comprising (Pesach, see FIG. 2A, [00065], "These computer program instructions may also be stored in a computer readable medium that can direct a computer, other programmable data processing apparatus, or other devices to function in a particular manner, such that the instructions stored in the computer readable medium produce an article of manufacture including instructions which implement the function/act specified in the flowchart and/or block diagram block or blocks."):
performing a calibration of a camera fixedly attached to or integrated into a dental instrument, ( Pesach, [0144] “ In some embodiments, calibration of the system to allow determination of these coordinates optionally includes determining information about the position of one or more sensors relative to the oral geometry…calibration optionally comprises exact correspondence between a few optically scanned positions of the bur tip and corresponding electromagnetic position sensing readings, without a requirement to know absolutely where the sensor itself sits relative to the oral geometry.” [0161] “the dental digital impression system 100 comprises a camera 180” See Fig. that 1, 100, 180)
. . .
capturing, by [[a]] the camera fixedly attached to or integrated into a dental instrument, ( Fig. 1, 100, [0112] “a dental digital impression system 100”) invisible or poorly visible areas in an oral cavity of a patient by configuring the camera to capture at least an area of operation of [[a]] the drill of the dental instrument; (Pesach, [0056] “In some embodiments, the system further comprises optical tracking of the oral cavity. The optical tracking may comprise a camera placed on a dental preparation tool or within the dental digital impression system. In some embodiments, at least one optical fiber may be placed within the bur. The optical fiber may detect portions of the oral cavity by its chromatic variations, and/or by another optical property.”)
. . .
computing a positional relationship between the drill of the dental instrument and the jaw, responsive to the correspondence search, based at least in part on the computed position of the camera or dental instrument and [[a]] the distance between the drill and the camera or dental instrument; (See Pesach, see elements 180 and 150 in FIG. IA, [0121], Pesach discloses, "Optionally, sensor 150 is configured to be placed and fixed during preparation to at least one tooth 140, at any suitable location for tracking (within the modulated electromagnetic field 148) the 3-D spatial location (e.g. the distance and angle) of the bur 134 relative to the sensor 150. Additionally, or alternatively, sensor 150 is mounted on the body of the drill 120 itself. Optionally, sensor 150 is mounted on the body of the drill temporarily, for example as an add-on (e.g., using an external bracket), sensor 150 mounted to the drill handle.");and
computing and presenting information about a deviation of one or more actual drilling parameters from one or more corresponding planned drilling parameters to aid a user during drilling; (see Pesach, see elements 806 and 812 in FIG. 8, [0213], Pesach discloses, "At block 812, in some embodiments, the processing unit provides guidance to the dentist for the removal tooth layers according, for example, to the preparation design of block 806. In some embodiments, the guidance is provided by visual and/or audio feedback. In some embodiments, the drill is automatically slowed and/or stopped as it reaches a boundary of the tooth volume planned to be removed.").
Pesach does not explicitly disclose
the calibration performed with use of a pattern plate having a hole for receiving a drill of the dental instrument during the calibration, wherein the drill is inserted into the hole during the calibration and the calibration is used to determine a distance between the drill and the camera or dental instrument;
comparing two-dimensional (2D) images from the camera with a three-dimensional (3D) model of the patient's jaw, based on matching during runtime at least one characteristic feature of teeth present in at least one of the 2D images with a corresponding characteristic feature present in the 3D model using a correspondence search, to compute a position of the camera or dental instrument in relation to the patient's jaw;
wherein the correspondence search is used to assign said at least one of the 2D images to a jaw region by computing a projection of the 3D model that corresponds to said at least one of the 2D images;
However, in the same field of endeavor Merritt discloses more explicitly the following:
the calibration performed with use of a pattern plate having a hole for receiving a drill of the dental instrument during the calibration, wherein the drill is inserted into the hole during the calibration and the calibration is used to determine a distance between the drill and the camera or dental instrument; (Merritt discloses, paragraph [0054], an oral fixture (support 14) that includes a plurality of fiducial markers 34 mounted on the support for spatial registration. Paragraph [0054] further teaches that the support 14 includes marker mounts 36, which may be holes or indentions formed in the support 14 and are designed to receive the fiducial marker 34. This configuration enables the system to determine where the oral fixture 12 (and thus camera) is relative to the patient’s teeth. “The oral fixture 12 also includes a plurality of fiducial markers 34 mounted on the support 14…the system to determine where the oral fixture 12 (and thus the camera) is relative to the patient's teeth. …the support 14 includes marker mounts 36 which may be holes or indentations formed in the support 14 and are designed to receive the fiducial markers 34”
Paragraph [0055] further explains that the fiducial markers 34 are spherical in shape or ceramic ball bearings, making them easily detectable and defining precise, known spatial reference points on the calibration plate. Figures 1-3 clearly illustrate support 14 with holes 36 receiving spherical fiducials 34, establishing the structure of a pattern plate having holes or spherical recesses. “The fiducial markers 34 may be spherical in shape and/or colored so as to be easily detected by a technician or doctor, as well as the software being used. …In one embodiment, the fiducial markers 34 are ceramic ball bearings.” Figs. 1-3: show support 14 with holes 36 receiving spherical fiducials 34.”
Paragraph [0057] then introduces a dental surgical tool 102 (drill), a tool fixture 100, and a camera 105 mounted on a tool camera mount 104, where the system is configured to secure and position the camera relative to the drill to determine spatial geometry. When the camera 105 observes the fiducial markers 34 received in the hole 36, the system determines the distance and orientation between the drill 102 and the camera 105 based on the known positions of those fiducials on the calibration plate “Referring now to Figs. 5 and 6, a tool fixture 100 according to one embodiment is shown. The tool fixture 100 is mounted to or part of a dental surgical tool 102, such as a drill. The tool fixture 100 preferably includes at least one tool camera mount 104 for securing and positioning a camera relative to the tool 102. The tool camera mount 104 is preferably configured to orient the camera 105 so as to detect a surface that is not where the tool 102 is to be operating on. That is, the tool camera mount 104 angles the camera away from the drilling or operating location…..”
Therefore, it would have been obvious to a person having ordinary skill in the art before
the effective filing date of the application to modify the teachings of Pesach in view of Merritt as outlined above in order to incorporate a system for “performing a calibration of the camera with use of a pattern plate having a hole for receiving the drill during the calibration, wherein the drill is inserted into the hole during the calibration and the calibration is used to determine a distance between the drill and the camera or dental instrument.” as suggested by Merritt.
The reasoning is that one ordinary skill in the art would have been motivated to incorporate Merritt’s calibration approach into Pesach, thereby improving spatial accuracy and reducing celebration error between drill and the camera, in order to provide “an image guidance system capable of efficiently tracking a patient's mouth movement during oral surgery.” (Merritt, [0045])
Pesach-Merritt does not explicitly disclose
comparing two-dimensional (2D) images from the camera with a three-dimensional (3D) model of the patient's jaw, based on matching during runtime at least one characteristic feature of teeth present in at least one of the 2D images with a corresponding characteristic feature present in the 3D model using a correspondence search, to compute a position of the camera or dental instrument in relation to the patient's jaw;
wherein the correspondence search is used to assign said at least one of the 2D images to a jaw region by computing a projection of the 3D model that corresponds to said at least one of the 2D images;
However, in the same field of endeavor Clausen discloses more explicitly the following:
comparing two-dimensional (2D) images from the camera with a three-dimensional (3D) model of the patient's jaw, based on matching during runtime at least one characteristic feature of teeth present in at least one of the 2D images with a corresponding characteristic feature present in the 3D model using a correspondence search, to compute a position of the camera or dental instrument in relation to the patient's jaw; (Clausen [0061] “ The virtual camera is then used to view the 3D dental restorations and the 3D model from the same field of view. Subsequently the 3D model and 3D restoration are aligned with the 2D image by aligning the respective reference points to each other. The alignment involves a transformation such as shifting the position rotating and scaling the 3D model so that the reference points align correctly. When the alignment has been applied to the 3D model, the 3D restoration can be overlaid very precisely on top of the 2D image as shown in FIG. 1e.”)
wherein the correspondence search is used to assign said at least one of the 2D images to a jaw region by computing a projection of the 3D model that corresponds to said at least one of the 2D images; (Clausen, [0060] “With the reference points placed the virtual camera can be estimated and the 3D model and 3D restoration can be aligned with the 2D image and the field of view (FOV) of physical camera used to obtain the 2D image…. [0061] The virtual camera is then used to view the 3D dental restorations and the 3D model from the same field of view. Subsequently the 3D model and 3D restoration are aligned with the 2D image by aligning the respective reference points to each other. The alignment involves a transformation such as shifting the position rotating and scaling the 3D model so that the reference points align correctly. When the alignment has been applied to the 3D model, the 3D restoration can be overlaid very precisely on top of the 2D image as shown in FIG. 1e.”)
Therefore, it would have been obvious to a person having ordinary skill in the art before
the effective filing date of the application to modify the teachings of Pesach with Clausen to create the system of Pesach as outlined above so as “comparing two-dimensional (2D) images from the camera with a three-dimensional (3D) model of the patient's jaw, based on matching during runtime at least one characteristic feature of teeth present in at least one of the 2D images with a corresponding characteristic feature present in the 3D model using a correspondence search, to compute a position of the camera or dental instrument in relation to the patient's jaw;” wherein the correspondence search is used to assign said at least one of the 2D images to a jaw region by computing a projection of the 3D model that corresponds to said at least one of the 2D images; as suggested by Clausen.
The reasoning being is that “by surrounding anatomic features when viewed with the virtual camera, imaging the visible area of the 3D dental restoration with the 2D image. This provides an image which with high accuracy gives the dentist and the patient a visual presentation of the final result of a dental treatment.” (Clausen, Abstract)
Claim Rejections - 35 USC 5 103
Claims 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Pesach-Merritt-Clausen in view of Saphier et al (US-20210321872-A1) hereinafter "Saphier"),
Regarding claim 11 Pesach-Merritt-Clausen-Saphier
Pesach-Merritt-Clausen discloses 11. The method of claim 1,
wherein the at least one characteristic feature is computed on the 3D model and on the 2D images prior to said matching (Saphier, see element 3514 and 3516 in FIG. 35, [0681] "In one embodiment, processing logic determines, for each segment of the margin line in the first 3D surface and for each segment of the margin line in the second 3D surface, one or more margin line quality scores. Processing logic may also determine margin line quality scores for each segment of the third 3D surface. Each margin line quality score may be based on the cost value for the margin line (or a segment of the margin line) as computed using the cost function. In one embodiment, a margin line quality score is determined for the entirety of the margin line. In one embodiment, multiple additional margin line quality scores are computed, where each margin line quality score is for a particular segment of the margin line.").
Therefore, it would have been obvious to a person having ordinary skill in the art before
the effective filing date of the application to modify the teachings of Pesach with Clausen to create the system of Pesach as outlined above in order to “wherein the at least one characteristic feature is computed on the 3D model and on the 2D images prior to said matching” as suggested by Saphier.
The reasoning being is that “In order to improve the accuracy of the system.” (Saphier [0340])
Note: The motivation that was utilized in the rejection of claim 11, applies equally as well to claims 12-15.
Regarding claim 12 Pesach-Merritt-Clausen-Saphier
Pesach-Merritt-Clausen-Saphier discloses 12. The method of claim 11. further comprising:
creating a live or a non-real time feature database comprising the at least one characteristic feature for said matching (see Saphier, see element 500, 505, and 510 in FIG. 5, 11 [0434], Saphier discloses, "Such projections give more information than individual height maps or intraoral scans (approaching occlusal view richness) and, at the same time, are available in or near-real time from near the very beginning of scanning. This approach gives high accuracy along with a real time nature.").
Regarding claim 13 Pesach-Merritt-Clausen-Saphier
Pesach-Merritt-Clausen-Saphier 13. The method of claim 12,
further comprising: filtering the live or non-real time feature database to reduce a number of available characteristic features (Saphier, [0214],"This may be too much data to process using a machine learning model in real time. Accordingly, groups of similar scans may be combined into the blended scans, and the blended scans may be input into one or more trained machine learning model. This may vastly reduce the computation resources used to process the intraoral scans without degrading quality.").
Regarding claim 14 Pesach-Merritt-Clausen-Saphier
Pesach-Merritt-Clausen-Saphier discloses 14. The method of claim 11,
wherein the at least on characteristic feature is computed based on a 2D feature extraction algorithm (Saphier, [0256], "For example, a tongue is generally associated with the lower jaw role, and the shape of lips is different for upper and lower jaws. All such specific features can give much better accuracy for role identification compared to a cleaned input (in which moving tissues have been removed from the scans). Thus, in embodiments the scan data that is input into the machine learning model to determine a role has not been processed by a moving tissue removal algorithm and/or has not had moving tissue removed." In summary, the 2D feature extraction algorithm is scanning the mouth to create a model and clean the scanned data by removing the unnecessary elements like a tongue, lips, cheeks, and more. The algorithm is a machine learning model that analyzes the scanned data to provide a better result for the 3D model of the patient's mouth. The algorithm analyzes all data collected (such as intraoral scans, 3D surfaces, height maps, and 2D images) to remove moving tissue and deformities.”)
Regarding claim 15 Pesach-Merritt-Clausen-Saphier
Pesach-Merritt-Clausen-Saphier discloses 14. The method of claim 14,
wherein the 2D feature extraction algorithm is a scale-invariant feature transform (SIFT) feature algorithm (Saphier, [0226] "In one embodiment, registration is performed for adjacent or overlapping intraoral scans (e.g., each successive frame of an intraoral video). In one embodiment, registration is performed using blended scans. Registration algorithms are carried out to register two adjacent or overlapping intraoral scans (e.g., two adjacent blended intraoral scans) and/or to register an intraoral scan with a 3D model, which essentially involves determination of the transformations which align one scan with the other scan and/or with the 3D model. Registration may involve identifying multiple points in each scan (e.g., point clouds) of a scan pair (or of a scan and the 3D model), surface fitting to the points, and using local searches around points to match points of the two scans (or of the scan and the 3D model).).
Claim Rejections - 35 USC 5 103
Claim(s) 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Pesach et al (US-20190262098-A1) hereinafter "Pesach", and in view of Jo et al (US-20200008877-A1) hereinafter “Jo” further in view of MERRITT SCOTT A (WO-2014152519-A2) hereinafter “Merritt”.
Regarding claim 20 Pesach-Jo-Merritt
Pesach discloses A system comprising: a dental instrument comprising a drill (see Pesach, see element 180 in FIG. 2A, [0161],"In some embodiments, the dental digital impression system 100 comprises a camera 180 or any other suitable means for optical tracking. The camera 180 may be placed at any suitable location allowing view of a positioning target (such as landmark features of bur 134). For example, camera 180 is placed along the hand piece 124 of the drill 120.");
a camera fixedly attached to the dental instrument (Pesach, [0161] “the dental digital impression system 100 comprises a camera 180”) and configured to capture invisible or poorly visible