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 .
DETAILED ACTION
This action is a non-final First Office Action.
This action is in response to communications filed on 03/31/2023.
Claims 1-24 are pending and have been considered.
Claims 1, 4-8, 10-16, 18, 21-24 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter, a judicial exception, an abstract idea (mental process), without significantly more.
Claims 2, 3, 9, 17, 19, 20 are found eligible under 35 U.S.C. 101.
Claims 1, 4, 10, 18, 21, and 24 rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”)
Claims 2, 19 rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”) in view of Farhad Ghazvinian Zanjani et al, Deep Learning Approach to Semantic Segmentation in 3D Point Cloud Intra-oral Scans of Teeth Proceedings of Machine Learning Research 102:557–571, 2019 (“FGZ ”)
Claims 3 , 20 rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”) in view of Farhad Ghazvinian Zanjani et al, Deep Learning Approach to Semantic Segmentation in 3D Point Cloud Intra-oral Scans of Teeth Proceedings of Machine Learning Research 102:557–571, 2019 (“FGZ ”) in further view of WO 2022016294 A1 Piche (“PIC”)
Claims 5(4), 22(21) are rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”) ( in view of Elluru VENKATESH, CONE BEAM COMPUTED TOMOGRAPHY: BASICS AND APPLICATIONS IN DENTISTRY, J Istanbul Univ Fac Dent 2017;51(3 Suppl 1):S102-S121 2017, https://pmc.ncbi.nlm.nih.gov/articles/PMC5750833/pdf/jiufd-051-s102.pdf (“VEN”)
Claims 6(1), 23(18) are rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”) ( in view of US 20190282344 A1 Azernikov
(“AZE”)
Claim 7(1) rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”) in view of Lai et al Interactive OCT-Based Tooth Scan and Reconstruction Sensors 2019, 19, 4234; doi:10.3390/s19194234 2019 (“LAI”)
Claim 8(1) rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”) in view of Lai et al Interactive OCT-Based Tooth Scan and Reconstruction Sensors 2019, 19, 4234; doi:10.3390/s19194234 2019 (“LAI”) in further view of LANG US 11348257 B2 (“LAN”)
Claim 9 rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”) in view of US 20230162457 A1 Hansen (“HAN”)
Claim 11(1) rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”) in view of KR 102181711 B1 Choi (“CHO”)
Claim(s) 12, 13, 15 rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”) In view of Zhao et al Interactive Tooth Segmentation of Dental Models IEEE Eng in Medicine and Biology 27th annual conf. 2005 (“ZHA”) in further view of US 9189124 B2 Pahlavan (PAH)
Claim 16 rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”) In view of Zhao et al Interactive Tooth Segmentation of Dental Models IEEE Eng in Medicine and Biology 27th annual conf. 2005 (“ZHA”) in further view of US 9189124 B2 Pahlavan (PAH) in further view of WO 2022016294 A1 Piche (“PIC”)
Claim 17 rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”) In view of Zhao et al Interactive Tooth Segmentation of Dental Models IEEE Eng in Medicine and Biology 27th annual conf. 2005 (“ZHA”) in further view of US 9189124 B2 Pahlavan (PAH) further view of Li et al Interactive Tooth Separation from Dental Model Using Segmentation Field 2016 (“LI”)
Claim 14 rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”) In view of Zhao et al Interactive Tooth Segmentation of Dental Models IEEE Eng in Medicine and Biology 27th annual conf. 2005 (“ZHA”) in further view of US 9189124 B2 Pahlavan (PAH) in further view of VENKATESH, CONE BEAM COMPUTED TOMOGRAPHY: BASICS AND APPLICATIONS IN DENTISTRY, J Istanbul Univ Fac Dent 2017;51(3 Suppl 1):S102-S121 2017, https://pmc.ncbi.nlm.nih.gov/articles/PMC5750833/pdf/jiufd-051-s102.pdf (“VEN”)
Priority
The application claims priority to the Provisional Application 63/326,807 filed 2022-04-01.
Information Disclosure Statement (IDS)
The information disclosure statements (IDS) submitted on 08/16/2023, 05/21/2023 are in compliance with the provisions of 37 CFR 1.97.
Notations, Abbreviations and Conventions used.
The number in the parenthesis, following next to a claim number, when used, is the number of the parent claim.
The following abbreviations are used:
BRI = Broadest Reasonable Interpretation
POSITA = Person of Ordinary Skill in The Art
101 - 35 USC § 101
102 or 103 = 35 USC § 102 or 35 USC § 103
(S1)/(S2A1)/(S2A2) (S2B) = Steps 1, 2AProng1 , 2AProng2, and 2B of the multi-step eligibility analysis in the Alice/Mayo framework
WURC = Well Understood, Routine, Conventional
{ } text from the reference
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims directed to an ineligible judicial exception.
Claims are analyzed under the Alice/Mayo framework to determine whether the claims are directed to an ineligible judicial exception. Recitation of judicial exceptions are highlighted in bold font. Paraphrased language, shown in italics, is used to simplify reference. Claims with similar limitations, although not verbatim identical, that share the same rationale under Alice/Mayo steps Step 1 (S1) and Steps 2 Prongs A1, A2 and B (S2A1, S2A2, S2B) are grouped. The analysis is performed on a representative claim of each group. An additional analysis is performed if any claims in the group includes additional limitations.
Claims 1, 4-8, 10-16, 18, 21-24 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter, a judicial exception (abstract idea, mental process) without significantly more.
(S1) Prima facie, claims 1-24 are each directed to a statutory category of invention: process (Claims 24 directed to a method), machine (claims 1-17 directed to a system) and manufacture (claims 18-23 directed to a non-transitory computer readable medium).
INDEPENDENT CLAIMS
Regarding claims 1, 18, 24,
(S2A1)
Claim 1, representative for claims 18, 24, recites recite an abstract idea, shown in bold below:
[P1] an intraoral scanner to generate a plurality of intraoral scans of a dental site during an intraoral scanning session; and
[P2] a computing device operatively connected to the intraoral scanner, the computing device to
[A] receive the plurality of intraoral scans;
[B} generate a three-dimensional (3D) surface of the dental site from the plurality of intraoral scans;
[C] identify hard tissue and soft tissue in at least one of a) the plurality of intraoral scans of the dental site or b) the 3D surface of the dental site; and
[D] display a view of the 3D surface, wherein at least one of a first visualization or a first transparency level is used for first portions of the 3D surface identified as hard tissue and at least one of a second visualization or a second transparency level is used for second portions of the 3D surface identified as soft tissue
In broadest reasonable interpretation and in view of the specification the combination of abstract ideas in the bolded limitations claim recites a process aimed at: “identifying types of tissue in scans or 3D surface ”.
This is a combination that, under its broadest reasonable interpretation covers performance of limitations expressing observation (of scans or 3D surface), evaluation (of presented imagery), judgement and decision-making (identifying/recognizing the types of tissue). These steps can be practically performed mentally by a dentist. These are Mental Processes – Concepts Performed in the Human Mind (MPEP § 2106.04(a)(2), subsection III.
Accordingly, claims 1, 18, 24 recite an abstract idea.
(S2A2)
The identified abstract idea is not integrated into a practical application because the additional elements in the claims only amount to Mere Instructions to Apply the judicial Exception on a computer (MPEP 2106.05(f)), an Insignificant Extra-Solution Activity (MPEP 2106.05(g)), or to a general link to a particular technological environment or field of use (MPEP 2106.05(h).
The additional elements “the computing device ” recite computing elements at a high level of generality, which is equivalent to instructions to implement the abstract idea “by a computer” or “on a computer” (used as a tool to implement the judicial exception (MPEP § 2106.05(f))
The additional claim elements in the active steps also recite: data gathering [A], generating a 3D surface from scans [B], data output/visualization [C]. When considered individually, each amounts to nothing more than “Insignificant Extra-Solution (Pre-Solution and/or Post-Solution) Activity”, i.e. activities incidental to the primary process or product that are merely a nominal or tangential addition to the claims. Specifically, the claim elements are considered either pre-solution activity because they are mere gathering or pre-processing data/information in conjunction with the abstract idea, or post-solution activity because they are mere outputting or post-processing results from executing the abstract idea (see MPEP §2106.05(d); which the courts have identified did not integrate a judicial exception into a practical application. The choice of display with levels of transparency is considered field of use; the visualization with degrees of transparency would be recognized by a person skilled in the art as a common way to visualize imaging in x-rays images and other methods and does not bring an innovative aspect to the technology.
Thus, the additional elements, taken individually or in combination, fail to integrate the recited judicial exception into a practical application when evaluated using the considerations in MPEP §§ 2106.04(d), 2106.05(a)-(c), (e)-(h) because these do not impose any meaningful limits on practicing the abstract idea, nor do they effect an improvement to any technology or technical field. Therefore, the claim remains directed to a judicial exception.
(S2B) Claims 1, 18, 24 do not include additional elements, which individually or in combination amount to significantly more than the judicial exception. As analyzed in step S2A2 the additional elements recite Mere Instructions to Apply the judicial Exception on a computer (MPEP 2106.05(f)), and the Insignificant Extra (Pre-Solution and/or Post-Solution) Activity (MPEP 2106.05(g)), which for situations substantially similar to those here, these additional elements, including data gathering, data manipulation, and data transmission, data outputting recited at high level of generality were found by the courts to be Well-Understood, Routine and Conventional (see MPEP § 2106.05(d)(ll)).
When considered as a whole, with additional elements in an ordered combination, the additional elements elaborate on the identified abstract idea but do not practically or significantly alter how the identified abstract idea would be performed. Moreover, as noted above, there is nothing about the computing environment or the additional steps that is significant or meaningful to the underlying judicial exception because the identified abstract idea could have been reasonably performed when provided with the relevant data and/or information. The additional elements do not bring an inventive concept and thus the claim as a whole does not amount to significantly more than the judicial exception itself.
Therefore, it is concluded that claims 1, 18, 24 are ineligible.
DEPENDENT CLAIMS
Claims 6, 7, 8, 11, 12, 13, 15, 16, 23 further recite:
6(1), 23(18)
wherein the dental site comprises a preparation tooth, and
wherein the computing device is further to:
identify a margin line around at least a portion of the preparation tooth in at least one of a) one or more of the plurality of intraoral scans orb) data from the 3D surface; and
display the margin line on the 3D surface using one or more additional visualizations.
7(1)
wherein the computing device is further to:
receive an additional intraoral scan of the dental site;
add data from the additional intraoral scan to the 3D surface;
update the view of the 3D surface, wherein the data from the additional intraoral scan is semi-transparent in the updated view of the 3D surface;
subsequently segment the data from the additional intraoral scan into hard tissue and soft tissue; and
subsequently update the view of the 3D surface such that the data from the additional intraoral scan associated with hard tissue is opaque and the data from the additional intraoral scan associated with soft tissue remains semi-transparent.
8(1)
wherein the computing device is further to:
receive an additional intraoral scan of the dental site;
add data from the additional intraoral scan to the 3D surface;
update the view of the 3D surface, wherein the data from the additional intraoral scan is semi-transparent in the updated view of the 3D surface;
subsequently identify at least one of moving tissue or a dental tool in the data from the additional intraoral scan;
remove at least one of the moving tissue or the dental tool from the 3D surface; and
subsequently update the view of the 3D surface to reflect at least one of the removed moving tissue or the removed dental tool.
11(1)
wherein the 3D surface is a 3D surface of a preparation tooth, and
wherein the computing device is further to:
overlay the 3D surface onto a second 3D surface of a dental arch that includes the preparation tooth, wherein gums from the second 3D surface are shown using a semi-transparent visualization.
12(1)
receive a user input of a coordinate;
determine a first tooth closest to the coordinate
use at least one of the first visualization or the first transparency level for displaying the first tooth closest to the coordinate; and
use at least one of the second visualization or the second transparency level for displaying a second tooth.
13(12)
wherein the computing device is further to:
receive a new user input of a new coordinate;
determine that the second tooth is a closest tooth to the new coordinate;
use at least one of the first visualization or the first transparency level for displaying the second tooth closest to the new coordinate; and
use at least one of the second visualization or the second transparency level for displaying the first tooth.
15(12)
wherein receiving the user input of the coordinate comprises receiving user input dragging a hint feature to the coordinate.
16(12)
wherein the first tooth is a preparation tooth having a margin line, and
wherein determining the first tooth closest to the coordinate comprises:
identifying a margin line of the preparation tooth;
determining that a point on the 3D surface closest to the coordinate is within the margin line in a plane; and
classifying points on the preparation tooth that are within the margin line as the preparation tooth.
Each of these claims continues to recite, and further reinforce/elaborate on the abstract idea in the parent claim. The analysis for each of them is similar to that of the parent claim. The bolded claim elements recite mental processes. The additional elements further recited by the claim are of the same nature as those identified in the parent claim, specifically Insignificant Extra (Pre-Solution and/or Post-Solution) Activity (MPEP 2106.05(g)) limitations of data gathering, data manipulation, and data transmission, data outputting recited at high level of generality were found by the courts to be Well-Understood, Routine and Conventional (see MPEP § 2106.05(d)(ll)), data manipulation and mere instructions to apply an exception ((MPEP 2106.05(f) ).
For each of the above claims, when considered individually or in combination, the additional elements do not provide any specific improvements and do not practically or significantly alter how the identified abstract idea would be performed. Therefore, these claim elements fail to integrate the judicial exception into a practical application. The claim is thus directed to a judicial exception.
For each of the above claims, when considered individually and in combination, the claim as a whole, the additional elements do not provide an inventive concept beyond the judicial exception, and thus the claim as a whole does not amount to significantly more than the judicial exception itself. Claims 6, 7, 8, 11, 12, 13, 15, 16, 23 are thus found ineligible under 35 USC 101.
Dependent claims 4, 5, 10, 14, 21, 22 further recite:
4(1), 21(18)
wherein the first visualization comprises an opaque visualization and the second visualization comprises a semi-transparent visualization.
5(4), 22(21)
wherein the hard tissue comprises teeth and the soft tissue comprises gingiva, and wherein scanned portions of the teeth that are below a gum line are visible through the semi-transparent visualization used for the gingiva.
10(1)
wherein the second transparency level comprises 100% transparency, and wherein the second portions of the 3D surface identified as soft tissue are not visible due to the 100% transparency.
14(12)
wherein at least one of a mesial surface or a distal surface of the first tooth is visible through the second tooth displayed using at least one of the second visualization or the second transparency level.
These further elements in the dependent claims only limit other claim elements, like the first visualization, the hard tissue, the second transparency level, mesial surface of distal surface by describing their nature, structure and/or content, thus further limiting the form of the transactions that are acted upon in the parent claim. The nature, form or structure of these elements themselves do not provide more than a general link to a technological environment and do not practically or significantly alter how the identified abstract idea would be performed.
Moreover, under the broadest reasonable interpretation, the further elements in these dependents claims, respectively, do not perform any claimed method steps These cannot change the nature of the identified abstract idea from a judicial exception into an eligible application, because they do not represent significantly more. In summary, in none of the claims there is an inventive concept beyond the judicial exception, and thus, when each of these claims is considered as a whole, it does not amount to significantly more than the judicial exception itself. Therefore, claims 4, 5, 10, 21, 22 are deemed ineligible.
Regarding claims 2, 3, 9, 17, 19, 20
Claim 2 (and 19) refines the step of identifying the tissue using a machine learning model, and thus recited the identification is no longer considered a mental process; the claims become eligible since no abstract idea is recited.
Claim 3 (depending on 2) and 20, with similar limitations (depending on 19) do not recite any further abstract idea and are thus eligible.
Claim 9 recites an additional abstract idea (determining whether or not the dental site comprises a preparation tooth). However, the additional elements in the limitations that use moving tissue detection algorithm provide an improvement, thus integrating into a practical application, and making the claims eligible at Step 2AProng2.
Claim 17 refines the step of “determining the tooth closest to the coordinate”, and become impractical to be performed in the mind; and furthermore, when considered in combination, provide sufficient improvement to integrate the abstract idea of independent claim 1 into a practical application, thus making the claim eligible.
Thus, claims 2, 3, 9, 17, 19, 20 are found eligible under 35 U.S.C. 101.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) are summarized as follows:
i. Determining the scope and contents of the prior art.
ii. Ascertaining the differences between the prior art and the claims at issue.
iii. Resolving the level of ordinary skill in the pertinent art.
iv. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims that share substantially similar limitations (even though not verbatim) are grouped and analyzed together; the analysis is done on the claim with most comprehensive limitations. The parenthesis following a claim number indicates the parent claim.
Claim(s) 1, 4, 10, 18, 21, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”)
Regarding Claim(s) 1, 18, 24 VDP discloses
A system comprising: an intraoral scanner to generate a plurality of intraoral scans of a dental site during an intraoral scanning session; and { [Title] 3D INTRAORAL SCANNER MEASURING FLUORESCENCE [0006] It is an object of the invention to provide a 3D scanner system which is capable of mapping fluorescence and/or a representation of a cariogenic region onto a digital 3D representation of the teeth
}
a computing device operatively connected to the intraoral scanner, the computing device
to: { [0057] the image sensor is capable of detecting light at said first wavelength, and the data processing means are configured for computing said sub-scans for the intraoral cavity surface/set of teeth; [0097] one sub- unit is arranged in a handheld part of the 3D scanner system and one or more sub-units are arranged in a remote part of the 3D scanner system, such as in a personal computer or a cart comprising a screen for visualizing the recorded 3D surface topography.
}
receive the plurality of intraoral scans; { [0057] the image sensor is capable of detecting light at said first wavelength, and the data processing means are configured for computing said sub-scans for the intraoral cavity surface/set of teeth; [0097] one sub- unit is arranged in a handheld part of the 3D scanner system and one or more sub-units are arranged in a remote part of the 3D scanner system, such as in a personal computer
} In BRI the receival of the plurality of the intraoral scans is implicit as data processing means is configured for computing said sub-scans from one sub-unit which has the imager.
generate a three-dimensional (3D) surface of the dental site from the plurality of intraoral scans; { [0021] A digital 3D representation of the 3D surface topography of an intraoral cavity can be generated based on light reflected from surfaces of the intraoral cavity. … A series of sub-scans can be computed when e.g. a handheld part of the 3D scanner system is moved relative to the intraoral cavity such that different regions of the surface are arranged in the field of view.
}
identify hard tissue and soft tissue in at least one of a) the plurality of intraoral scans of the dental site or b) the 3D surface of the dental site; and { [0152] The present invention utilizes this fact to differentiate between hard and soft dental tissue in an intraoral cavity, such that the soft and hard dental tissues may be assigned different weights in the stitching of sub-scans to provide a digital 3D representation of the intraoral cavity.
}
display a view of the 3D surface, {[0271 a visual display unit on which the combined digital 3D representation can be visualized.;
}
wherein at least one of a first visualization or a first transparency level is used for first portions of the 3D surface identified as hard tissue and at least one of a second visualization or a second transparency level is used for second portions of the 3D surface identified as soft tissue. { [0277] FIG. 4 illustrates how hard and soft dental tissue can be differentiated based on a recorded fluorescence from the hard dental tissue. [0134] In some embodiments, the 3D scanner system is capable of visualizing the differences in dental tissue and dental equipment on the digital 3D representation of the intraoral 3D surface topography. The 3D scanner system may be capable of providing a visual presentation of the digital 3D representation in which dental tissue and the dental equipment, can be distinguished by e.g. using different colors, textures, or opacities in the presentation or by allowing separate visualizations of the dental tissue and the dental equipment to be controlled independently, e.g. by varying the transparency of the two independently.
}
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One visualization as hard tissue and one as soft tissue is interpreted as illustrated in Fig 4 “FIG. 4 illustrates how hard and soft dental tissue can be differentiated”.
In BRI the teachings of VDP cover all the limitations of the claim. It would have been obvious to a POSITA to adapt the teachings of VDP to replace the toughed process with the claimed process because doing so would have been a predictable variation that achieves the same intended function while providing he expected result.
Regarding Claim(s) 4(1), 21(18) VDP teaches the limitations of the parent claim. VDP further teaches
wherein the first visualization comprises an opaque visualization and the second visualization comprises a semi-transparent visualization. { [0132] In some embodiments, the 3D scanner system is capable of visualizing the differences in dentin and enamel on the digital 3D representation of the intraoral 3D surface topography. The 3D scanner system may be capable of providing a visual presentation of the digital 3D representation in which the dental and enamel can be distinguished by using e.g. different colors, textures, or opacities in the presentation or by allowing separate visualizations of the dentin and enamel to be controlled independently, e.g. by varying the transparency of the two independently. [0133] In some embodiments, the data processing means are configured for detecting differences in fluorescence emitted from dental tissue, such as hard or soft dental tissue, and that emitted from dental equipment, such as a retraction cord. [0134] In some embodiments, the 3D scanner system is capable of visualizing the differences in dental tissue and dental equipment on the digital 3D representation of the intraoral 3D surface topography. The 3D scanner system may be capable of providing a visual presentation of the digital 3D representation in which dental tissue and the dental equipment, can be distinguished by e.g. using different colors, textures, or opacities in the presentation or by allowing separate visualizations of the dental tissue and the dental equipment to be controlled independently, e.g. by varying the transparency of the two independently.
} In BRI the teachings of VDP cover all the limitations of the claim. It would have been obvious to a POSITA to adapt the teachings of VDP to replace the toughed process with the claimed process because doing so would have been a predictable variation that achieves the same intended function while providing he expected result.
Re claim 10(1) VDP teaches the limitations of claim 1. VDP further teaches
wherein the second transparency level comprises 100% transparency, and wherein the second portions of the 3D surface identified as soft tissue are not visible due to the 100% transparency. { [0132] In some embodiments, the 3D scanner system is capable of visualizing the differences in dentin and enamel on the digital 3D representation of the intraoral 3D surface topography. The 3D scanner system may be capable of providing a visual presentation of the digital 3D representation in which the dental and enamel can be distinguished by using e.g. different colors, textures, or opacities in the presentation or by allowing separate visualizations of the dentin and enamel to be controlled independently, e.g. by varying the transparency of the two independently. [0133] In some embodiments, the data processing means are configured for detecting differences in fluorescence emitted from dental tissue, such as hard or soft dental tissue, and that emitted from dental equipment, such as a retraction cord. [0134] In some embodiments, the 3D scanner system is capable of visualizing the differences in dental tissue and dental equipment on the digital 3D representation of the intraoral 3D surface topography. The 3D scanner system may be capable of providing a visual presentation of the digital 3D representation in which dental tissue and the dental equipment, can be distinguished by e.g. using different colors, textures, or opacities in the presentation or by allowing separate visualizations of the dental tissue and the dental equipment to be controlled independently, e.g. by varying the transparency of the two independently.}
It would have been obvious to a POSITA to have 100% transparency and thus not display the gingiva. It would have been motivated to do so to have in view the focus solely on the tooth and maximize visibility of the tooth.
Accordingly, the claimed subject matter would have been obvious over VDP.
Claim(s) 2, 19 rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”) in view of Farhad Ghazvinian Zanjani et al, Deep Learning Approach to Semantic Segmentation in 3D Point Cloud Intra-oral Scans of Teeth Proceedings of Machine Learning Research 102:557–571, 2019 (“FGZ ”)
Regarding claims 2(1), 19(18) VDP teaches the limitations of the parent claim. VDP does not teach, however FGZ teaches
wherein to identify the hard tissue and the soft tissue the computing device is to:
process at least one of a) the plurality of intraoral scans or b) data from the 3D surface using a trained machine learning model that has been trained to identify hard tissue and soft tissue, { [Title] Deep Learning Approach to Semantic Segmentation in 3D Point Cloud Intra-oral Scans of Teeth; [Abstract] Accurate segmentation of data, derived from intra-oral scans (IOS), …we propose an end-to-end deep learning framework for semantic segmentation of individual teeth as well as the gingiva from point clouds representing IOS.
}
wherein the trained machine learning model outputs, for each location in the plurality of intraoral scans or the 3D surface, a first classification indicating hard tissue or a second classification indicating soft tissue. { [Abstract] Accurate segmentation of data, derived from intra-oral scans (IOS), …we propose an end-to-end deep learning framework for semantic segmentation of individual teeth as well as the gingiva from point clouds representing IOS.
}
Hard tissue interpreted as teeth and soft tissue as gingiva (gum)
In addition, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of VDP and FGZ . One would have been motivated to do so, in order to obtain the advantage of more accurate segmentation of data, leveraging the advantages machine learning have demonstrated in recent years in a variety of problems including segmentation/classification. GZV p559 also refers to this aspect, and referring to “classifying a point close to the borderline of a tooth and gingiva” writes “This last issue if not addressed, causes significant performance loss in semantic segmentation tasks.”
Accordingly, the claimed subject matter would have been obvious over VDP/FGZ.
Claim(s) 3(2), 20(19) rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”) in view of Farhad Ghazvinian Zanjani et al, Deep Learning Approach to Semantic Segmentation in 3D Point Cloud Intra-oral Scans of Teeth Proceedings of Machine Learning Research 102:557–571, 2019 (“FGZ ”) in further view of WO 2022016294 A1 Piche (“PIC”)
Regarding claims 3(2), 20(19) VDP/FGZ teaches the limitations of the parent claim. VDP/FGZ does not teach, however PIC teaches
wherein the trained machine learning model or a second trained machine learning model is further to output, for each location, a third classification identifying the location as part of a margin line or a fourth classification identifying the location as not being part of the margin line.
{0012] One general aspect includes a method for training an artificial intelligence model for generating dental preparations. ..The method also repeats for each digital three-dimensional representation of a mouth of the dataset: positioning one or more boundaries on one more teeth; for each boundary; [0013] In one implementation, the boundary is a margin line. [0066] The boundary that the learning algorithm is asked to position may relate to a margin line, a tooth gingiva boundary, etc. [0041] In accordance with a first set of embodiments, a method for training an Al model for segmenting a 3D mouth is provided. The Al models are the result of applying learning algorithms on a training dataset. The training dataset contains data points for which a segmentation task is completed by a segmentation agent. Examples of data points may include 3D surface meshes of digitalized dental impressions. The 3D surface meshes of digitalized dental impressions can be encoded in STL files. The segmentation tasks allow division of a digital 3D representation of a mouth into a plurality of sections of interest. For example, segmentation tasks may include identifying several regions of the mouth such as teeth, gingiva, teeth gingiva boundary, etc.}
In addition, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of VDP/FGZ and PIC . One would have been motivated to do so, in order to obtain the advantage to of precise restorations which depend on the margin line, and accurate margin line detection, as enabled by learning models, provide the more accurate segmentation.
Accordingly, the claimed subject matter would have been obvious over VDP/FGZ/PIC.
Claims 5(4), 22(21) are rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”) in view of VENKATESH, CONE BEAM COMPUTED TOMOGRAPHY: BASICS AND APPLICATIONS IN DENTISTRY, J Istanbul Univ Fac Dent 2017;51(3 Suppl 1):S102-S121 2017, https://pmc.ncbi.nlm.nih.gov/articles/PMC5750833/pdf/jiufd-051-s102.pdf (“VEN”)
Regarding claims 5(4), 22(21) VDP teaches the limitations of the parent claim. VDP further teaches
wherein the hard tissue comprises teeth and the soft tissue comprises gingiva, {[0132] In some embodiments, the 3D scanner system is capable of visualizing the differences in dentin and enamel on the digital 3D representation of the intraoral 3D surface topography. The 3D scanner system may be capable of providing a visual presentation of the digital 3D representation in which the dental and enamel can be distinguished by using e.g. different colors, textures, or opacities in the presentation or by allowing separate visualizations of the dentin and enamel to be controlled independently, e.g. by varying the transparency of the two independently. [0133] In some embodiments, the data processing means are configured for detecting differences in fluorescence emitted from dental tissue, such as hard or soft dental tissue, and that emitted from dental equipment, such as a retraction cord. [0134] In some embodiments, the 3D scanner system is capable of visualizing the differences in dental tissue and dental equipment on the digital 3D representation of the intraoral 3D surface topography. The 3D scanner system may be capable of providing a visual presentation of the digital 3D representation in which dental tissue and the dental equipment, can be distinguished by e.g. using different colors, textures, or opacities in the presentation or by allowing separate visualizations of the dental tissue and the dental equipment to be controlled independently, e.g. by varying the transparency of the two independently.
[0168] The soft dental tissue of the intraoral cavity may comprise gingiva, buccal tissue, tongue, or the tissue of the anterior palette. [0169] The hard dental tissue of the intraoral cavity may comprise natural teeth, the dentin or the enamel of a tooth, or a dental restoration.}
VDP does not explicitly teach however VEN teaches
wherein scanned portions of the teeth that are below a gum line are visible through the semi-transparent visualization used for the gingiva. { See at least Fig 3},
Fig 3 above, and fragment below. Scanned portion of the teeth visible through the semi-transparent gingiva view
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In addition, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of VDP and VEN . One would have been motivated to do so, in order to obtain the advantageof seeing through the gum the teeth portion covered by the gum. Again this has been a standard for many decades in dentistry.
Accordingly, the claimed subject matter would have been obvious over VDP/VEN.
Claims 6(1), 23(18) are rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”) ( in view of US 20190282344 A1 Azernikov
(“AZE”)
Regarding Claim(s) 6(1), 23(18) VDP discloses the limitations of the parent claim. VDP does not explicitly disclose however AZE discloses
wherein the dental site comprises a preparation tooth, and { [0032] Once the scanning process is completed, a scanning system (not shown in FIGS) will assemble the plurality of scans into a digital model (also referred to as a “dental model” or “digital dental model” herein) of the preparation tooth and its surrounding and opposing teeth. The dental model can be used to design a restoration to be used on the preparation tooth.
}
wherein the computing device is further to: identify a margin line around at least a portion of the preparation tooth in at least one of a) one or more of the plurality of intraoral scans orb) data from the 3D surface; and {[0032] Once the scanning process is completed, a scanning system (not shown in FIGS) will assemble the plurality of scans into a digital model (also referred to as a “dental model” or “digital dental model” herein) of the preparation tooth and its surrounding and opposing teeth. The dental model can be used to design a restoration to be used on the preparation tooth.; [0062] Referring again to FIG. 3, to generate a new 3D model of a dental prosthesis for a new patient, the new patient's dentition scan data (e.g., scanned dental impression, physical model, or intraoral scan) received and ingested at 315. …The identified features can be a preparation site, the corresponding margin line, adjacent teeth and corresponding features, and surrounding gingiva for example.
}
display the margin line on the 3D surface using one or more additional visualizations. { [0033] In some embodiments, the present system may automatically recognize dental information and/or features from the dental model representing at least a portion of a patient's dentition and display the recognized dental information and/or ... In other examples, the present system may also detect features, e.g., cusps, or margin line of the dentition for the user.
}
In addition, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of VDP and AZE . One would have been motivated to do so, in order to obtain the advantage of more accurate location of the margin line which is very important in restoration. VDP teaches the detection of the preparation line but uses a special preparation for such detection and is not explicit about the visualization.
Accordingly, the claimed subject matter would have been obvious over VDP/AZE.
Claims 7(1), 8(1) rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”) in view of Lai et al Interactive OCT-Based Tooth Scan and Reconstruction Sensors 2019, 19, 4234; doi:10.3390/s19194234 2019 (“LAI”)
In BRI claim 7 describes the process advancing progressively/incrementally, scan and visualize more as you continue to scan: adding scan data to 3D surface, and update the view in which the data is initially semi-transparent and then segmented to show the teeth opaque and gingiva semi-transparent.
The segmentation is taught by VDP and segmentation in general and there is nothing specific about segmenting a new image in terms of how segmentation is done. LAI teaches doing the process progressively and stitching together the surface points incrementally. LAN teaches any combination of transparency or opacity of virtual data and live data.
Re claim 7(1) VDP teaches the limitations of the parent claim. VDP teaches
subsequently segment the data from the additional intraoral scan into hard tissue and soft tissue; {[0152] The present invention utilizes this fact to differentiate between hard and soft dental tissue in an intraoral cavity
}
wherein the data from the additional intraoral scan is semi-transparent in the updated view of the 3D surface; and subsequently update the view of the 3D surface such that the data from the additional intraoral scan associated with hard tissue is opaque and the data from the additional intraoral scan associated with soft tissue remains semi-transparent. {[0132] In some embodiments, the 3D scanner system is capable of visualizing the differences in dentin and enamel on the digital 3D representation of the intraoral 3D surface topography. The 3D scanner system may be capable of providing a visual presentation of the digital 3D representation in which the dental and enamel can be distinguished by using e.g. different colors, textures, or opacities in the presentation or by allowing separate visualizations of the dentin and enamel to be controlled independently, e.g. by varying the transparency of the two independently. [0133] In some embodiments, the data processing means are configured for detecting differences in fluorescence emitted from dental tissue, such as hard or soft dental tissue, and that emitted from dental equipment, such as a retraction cord. [0134] In some embodiments, the 3D scanner system is capable of visualizing the differences in dental tissue and dental equipment on the digital 3D representation of the intraoral 3D surface topography. The 3D scanner system may be capable of providing a visual presentation of the digital 3D representation in which dental tissue and the dental equipment, can be distinguished by e.g. using different colors, textures, or opacities in the presentation or by allowing separate visualizations of the dental tissue and the dental equipment to be controlled independently, e.g. by varying the transparency of the two independently. } A POSITA would have understood to have made the soft tissue with more transparency (semi-transparent) so one can see the part of the tooth below gum line.
VDP does not teach however LAI teaches
receive an additional intraoral scan of the dental site; add data from the additional intraoral scan to the 3D surface; update the view of the 3D surface,{see at least Fig 1 align the newly scanned point cloud with the existing for immediate visualization
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In addition, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of VDP and LAI . One would have been motivated to do so, in order to obtain the advantage to have real-time visualization during scan, which can help track progress and identify any location that may have been insufficiently scanned to allow correction during the same session.
Accordingly, the claimed subject matter would have been obvious over VDP/LAI.
Claim 8(1) rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”) in view of Lai et al Interactive OCT-Based Tooth Scan and Reconstruction Sensors 2019, 19, 4234; doi:10.3390/s19194234 2019 (“LAI”) in further view of LANG US 11348257 B2 (“LAN”)
Re claim 8(1) VDP teaches the limitations of the parent claim. VDP also teaches
subsequently identify at least one of moving tissue or a dental tool in the data from the additional intraoral scan;{[0203] iii. identifying the dental equipment in a sub-scan or in the stitched digital 3D representation of the intraoral 3D surface topography and determining the position of the dental equipment relative to the dental tissue based on recorded fluorescence emitted from the dental equipment.}
VDP does not teach however LAI teaches
receive an additional intraoral scan of the dental site; add data from the additional intraoral scan to the 3D surface; update the view of the 3D surface, {see at least Fig 1 and caption “align the newly scanned point cloud with the existing for immediate visualization”
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In addition, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of VDP and LAI . One would have been motivated to do so, in order to obtain the advantage to have real-time visualization during scan, which can help track progress and identify any location that may have been insufficiently scanned to allow correction during the same session.
Accordingly, the claimed subject matter would have been obvious over VDP/LAI.
VDP/LAI teach transparent views and incremental/progressive views. VDP further teaches
wherein the data from the additional intraoral scan is semi-transparent in the updated view of the 3D surface; { {[0132] In some embodiments, the 3D scanner system is capable of visualizing the differences in dentin and enamel on the digital 3D representation of the intraoral 3D surface topography. The 3D scanner system may be capable of providing a visual presentation of the digital 3D representation in which the dental and enamel can be distinguished by using e.g. different colors, textures, or opacities in the presentation or by allowing separate visualizations of the dentin and enamel to be controlled independently, e.g. by varying the transparency of the two independently. [0133] In some embodiments, the data processing means are configured for detecting differences in fluorescence emitted from dental tissue, such as hard or soft dental tissue, and that emitted from dental equipment, such as a retraction cord. [0134] In some embodiments, the 3D scanner system is capable of visualizing the differences in dental tissue and dental equipment on the digital 3D representation of the intraoral 3D surface topography. The 3D scanner system may be capable of providing a visual presentation of the digital 3D representation in which dental tissue and the dental equipment, can be distinguished by e.g. using different colors, textures, or opacities in the presentation or by allowing separate visualizations of the dental tissue and the dental equipment to be controlled independently, e.g. by varying the transparency of the two independently.
}
VDP/LAI do not explicitly teach “removal” , however LAN teaches
remove at least one of the moving tissue or the dental tool from the 3D surface; and subsequently update the view of the 3D surface to reflect at least one of the removed moving tissue or the removed dental tool. {(199) A 3D scanner probe can sweep a sheet of light across one or more tissue surfaces…, and can display, for example near real-time, a live 3D preview of the digital 3D model of the scanned tissue surface(s). (323) The surface of the anatomic structure can be at least a portion of one or more of a …, a gingiva, a gingival fold, a marginal gum, an attached gum, an interdental gum, an enamel, a tooth…; (220) The surgeon can optionally adjust the transparency or opacity of the virtual data displayed in the OHMD….Any combination of transparency or opacity of virtual data and live data is possible. (227) Virtual data can be transparent, translucent or opaque. If virtual data are opaque, they may be displayed intermittently so that the operator or surgeon can see how they project in relationship to the live data of the patient (1166) The surgeon or operator or the software or the system may change the color of one or more of the virtual anatomic data or structures, virtual surgical plans, virtual tool or instrument or device paths, virtual surgical instruments or tools and/or the virtual devices, implants, implant components and systems for implantation… Optionally, less important features or outline components or portions may be reduced in display intensity or removed from the display.
}
In addition, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of VDP/LAI and LAN . One would have been motivated to do so, in order to obtain the advantage to have a visual discrimination of the teeth above and below gum surface, and be consistent with traditional viewing methods and also not to have the image altered by moving parts scuh as moving tissue or by dental instruments that may be in the mouth at the time.
Accordingly, the claimed subject matter would have been obvious over VDP/LAI/LAN.
Claim 9 rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”) in view of US 20230162457 A1 Hansen (“HAN”)
Re claim 9(1) VDP teaches the limitations of the parent claim. VDP does not teach however HAN teaches
determine whether or not the dental site comprises a preparation tooth; { [0015] In one embodiment, the preparation surface may be detected, for example, by segmenting the oral situation to identify teeth and then identifying which teeth are the right shape for a preparation surface, for example, through heuristics such as size and proportion, or more sophisticated algorithms such as neural networks. [0316] Next, in step 620, a preparation surface is detected. This may be done by manual annotation of the dentist. It may also be done with the assistance of or entirely by software trained to do such annotation, for example, by detecting the edges between tooth and gingiva, segmenting the tooth scans, and detecting the preparation site.
}
use a first moving tissue detection algorithm to identify and remove moving tissue from at least one of the plurality of intraoral scans or the 3D surface responsive to determining that a preparation tooth is not detected; and use a second moving tissue detection algorithm to identify and remove moving tissue from at least one of the plurality of intraoral scans or the 3D surface responsive to determining that a preparation tooth is detected, wherein the second moving tissue detection algorithm is more aggressive at identifying moving tissue than the first moving tissue detection algorithm. { p212 left col middle At the end of the scanning stage, the preparation is shown on the monitor and can be viewed in different perspectives to focus or magnify areas of the preparation p216 The design system of the E4D is then capable of auto detecting and marking the finish line on the preparation. Table 2
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In addition, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of VDP and HAN . One would have been motivated to do so, in order to obtain the advantage to have an accurate view of the preparation area, with artifacts/noise from movements removed. A POSIYA would also find obvious to use an algorithm that provides the best image (‘most aggressive”) in the area where work would be performed as that was the area of interest and most critical in the restoration.
Accordingly, the claimed subject matter would have been obvious over VDP/HAN.
Claim 11(1) rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”) in view of KR 102181711 B1 Choi (“CHO”)
Regarding claim 11(1) VDP teaches the limitations of the parent claim. VDP does not teach however CHO teaches
wherein the 3D surface is a 3D surface of a preparation tooth, and wherein the computing device is further to: overlay the 3D surface onto a second 3D surface of a dental arch that includes the preparation tooth, {The present invention provides a method for manufacturing a dental restoration for scanning capable of improving reliability and precision. To this end, the manufacturing method comprises: a first step of generating a 3D work image including object and pairing surface information by arranging and matching a scanning image and a CT image of a placement object unit and a pairing object unit based on image information for a vertical dimension for each patient; a second step of generating a virtual temporary restoration, in which inner and outer surface units are set corresponding to the object and pairing surface information, in the 3D work image, and manufacturing a temporary restoration in which a temporary correction surface unit is formed based on the virtual temporary restoration; a third step of installing the temporary restoration between the placement object unit and the pairing object unit, obtaining a gothic arch motion image for a jaw 3D motion trajectory of the patient in a state where an occluding surface unit of the temporary restoration and the pairing object unit occlude, and generating design information of a dental restoration including a virtual masticatory surface based on a 3D planning image obtained by filling and curing a curable resin on the temporary correction surface unit and correcting the object and pairing surface information; a fourth step in which the motion image is superimposed on the design information of the dental restoration to display an overlapped occluding area on the virtual masticatory surface, and an overlapping elimination area for the overlapped occluding area is set to correct the design information of the dental restoration; and a fifth step of manufacturing an artificial tooth in response to the corrected design information of the dental restoration to manufacture a final dental restoration.
In addition, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of VDP and CHO . One would have been motivated to do so, in order to have a unified view in the preparation area of the tooth integrated in the context of the arch. A POSITA would have found obvious to use this known method of superimposing visualizations for alignment.
Accordingly, the claimed subject matter would have been obvious over VDP/CHO.
VDP teaches
wherein gums from the second 3D surface are shown using a semi-transparent visualization. {
[0132] In some embodiments, the 3D scanner system is capable of visualizing the differences in dentin and enamel on the digital 3D representation of the intraoral 3D surface topography. The 3D scanner system may be capable of providing a visual presentation of the digital 3D representation in which the dental and enamel can be distinguished by using e.g. different colors, textures, or opacities in the presentation or by allowing separate visualizations of the dentin and enamel to be controlled independently, e.g. by varying the transparency of the two independently. [0133] In some embodiments, the data processing means are configured for detecting differences in fluorescence emitted from dental tissue, such as hard or soft dental tissue, and that emitted from dental equipment, such as a retraction cord. [0134] In some embodiments, the 3D scanner system is capable of visualizing the differences in dental tissue and dental equipment on the digital 3D representation of the intraoral 3D surface topography. The 3D scanner system may be capable of providing a visual presentation of the digital 3D representation in which dental tissue and the dental equipment, can be distinguished by e.g. using different colors, textures, or opacities in the presentation or by allowing separate visualizations of the dental tissue and the dental equipment to be controlled independently, e.g. by varying the transparency of the two independently.}
Accordingly, the claimed subject matter would have been obvious over VDP/CHO.
Claim(s) 12 -13, 15 rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”) In view of Zhao et al Interactive Tooth Segmentation of Dental Models IEEE Eng in Medicine and Biology 27th annual conf. 2005 (“ZHA”) in further view of US 9189124 B2 Pahlavan (PAH)
Re claim 12(1) in view of specification determine a first tooth closest to the coordinate is interpreted as performing one or more morphological operations to divide the 3D surface into a
plurality of parts that correspond to distinct teeth;
Regarding claim 12(1) VDP teaches the limitations of the parent claim. VDP does not teach however ZHA teaches
determine a first tooth closest to the coordinate; { ; { Fig. 4: The result of 3D morphological operations
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}{determining the tooth is closest is interpreted as performing one or more morphological operations to divide the 3D surface into a plurality of parts that correspond to distinct teeth.
In addition, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of VDP and ZHA . One would have been motivated to do so, in order to obtain the advantage to have be able to obtain good teeth separation.
Accordingly, the claimed subject matter would have been obvious over VDP/ZHA.
}
VDP teaches
use at least one of the first visualization or the first transparency level for displaying the first tooth closest to the coordinate; and use at least one of the second visualization or the second transparency level for displaying a second tooth. { [0132] In some embodiments, the 3D scanner system is capable of visualizing the differences in dentin and enamel on the digital 3D representation of the intraoral 3D surface topography. The 3D scanner system may be capable of providing a visual presentation of the digital 3D representation in which the dental and enamel can be distinguished by using e.g. different colors, textures, or opacities in the presentation or by allowing separate visualizations of the dentin and enamel to be controlled independently, e.g. by varying the transparency of the two independently. [0133] In some embodiments, the data processing means are configured for detecting differences in fluorescence emitted from dental tissue, such as hard or soft dental tissue, and that emitted from dental equipment, such as a retraction cord. [0134] In some embodiments, the 3D scanner system is capable of visualizing the differences in dental tissue and dental equipment on the digital 3D representation of the intraoral 3D surface topography. The 3D scanner system may be capable of providing a visual presentation of the digital 3D representation in which dental tissue and the dental equipment, can be distinguished by e.g. using different colors, textures, or opacities in the presentation or by allowing separate visualizations of the dental tissue and the dental equipment to be controlled independently, e.g. by varying the transparency of the two independently.}
}
VDP/ZHA does not teach however PAH teaches
receive a user input of a coordinate; { { 93) In one aspect, the remote view module 535 may be configured to send user inputs received within the remote application view 704 to the server 204 via the remote access module 452. The user inputs may include pointer inputs comprising coordinates of pointer movements and clicks (e.g., mouse clicks). For example, the user may move a pointer (not shown) within the remote application view 704 using a touch screen, a touch pad, a trackball, a mouse or other pointer input device. In this example, the coordinates of the pointer movements may be transmitted to the server 204.)}
In addition, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of VDP/ZHA and PAH . One would have been motivated to do so, in order to obtain the advantage of obtaining the coordinate to correlate with tooth extracted after tooth separation.
Accordingly, the claimed subject matter would have been obvious over VDP/ZHA/PAH.
Regarding claim 13(2) VDP/ZHA/PAH teaches the limitations of the parent claim. ZHA teaches
determine that the second tooth is a closest tooth to the new coordinate; { ;
; { Fig. 4: The result of 3D morphological operations
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}{determining the tooth is closest is interpreted as performing one or more morphological operations to divide the 3D surface into a plurality of parts that correspond to distinct teeth.
In addition, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of VDP/ZHA/PAH with further teaching of ZHA . One would have been motivated to do so, in order to obtain the advantage to have be able to obtain good teeth separation for each tooth.
Accordingly, the claimed subject matter would have been obvious over VDP/ZHA/PAH
VDP teaches
use at least one of the first visualization or the first transparency level for displaying the second tooth closest to the new coordinate; and use at least one of the second visualization or the second transparency level for displaying the first tooth. { { [0132] In some embodiments, the 3D scanner system is capable of visualizing the differences in dentin and enamel on the digital 3D representation of the intraoral 3D surface topography. The 3D scanner system may be capable of providing a visual presentation of the digital 3D representation in which the dental and enamel can be distinguished by using e.g. different colors, textures, or opacities in the presentation or by allowing separate visualizations of the dentin and enamel to be controlled independently, e.g. by varying the transparency of the two independently. [0133] In some embodiments, the data processing means are configured for detecting differences in fluorescence emitted from dental tissue, such as hard or soft dental tissue, and that emitted from dental equipment, such as a retraction cord. [0134] In some embodiments, the 3D scanner system is capable of visualizing the differences in dental tissue and dental equipment on the digital 3D representation of the intraoral 3D surface topography. The 3D scanner system may be capable of providing a visual presentation of the digital 3D representation in which dental tissue and the dental equipment, can be distinguished by e.g. using different colors, textures, or opacities in the presentation or by allowing separate visualizations of the dental tissue and the dental equipment to be controlled independently, e.g. by varying the transparency of the two independently.
}
PAH teaches
receive a new user input of a new coordinate; { { 93) In one aspect, the remote view module 535 may be configured to send user inputs received within the remote application view 704 to the server 204 via the remote access module 452. The user inputs may include pointer inputs comprising coordinates of pointer movements and clicks (e.g., mouse clicks). For example, the user may move a pointer (not shown) within the remote application view 704 using a touch screen, a touch pad, a trackball, a mouse or other pointer input device. In this example, the coordinates of the pointer movements may be transmitted to the server 204.)}
}
In addition, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of VDP/ZHA/PAH and PAH . One would have been motivated to do so, in order to obtain the advantage of obtaining the coordinate of new tooth to correlate after separation with other teeth.
Accordingly, the claimed subject matter would have been obvious over VDP/ZHA/PAH.
Regarding claim 15(2) VDP/ZHA/PAH teaches the limitations of the parent claim. PAH teaches
wherein receiving the user input of the coordinate comprises receiving user input dragging a hint feature to the coordinate. { 93) In one aspect, the remote view module 535 may be configured to send user inputs received within the remote application view 704 to the server 204 via the remote access module 452. The user inputs may include pointer inputs comprising coordinates of pointer movements and clicks (e.g., mouse clicks). For example, the user may move a pointer (not shown) within the remote application view 704 using a touch screen, a touch pad, a trackball, a mouse or other pointer input device. In this example, the coordinates of the pointer movements may be transmitted to the server 204. The user inputs may also include keyboard inputs. The user inputs may enter keyboard inputs using a graphical keyboard (e.g., 820a) displayed on the display 560, a keypad or other device. For example, when the user desires to enter text at the location of a pointer or cursor within the remote application view 704, the user may tap on a keyboard icon (e.g., 920) to bring up the graphical keyboard to enter the text. In one aspect, the client device access module 452 may send user inputs comprising pointer inputs (e.g., coordinates of pointer movements)}
}
In addition, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of VDP/ZHA/PAH and PAH . One would have been motivated to do so, in order to obtain the advantage of easy input the information my a pointing device (mouse or pointer or similar), with a classical method for user interfaces.
Accordingly, the claimed subject matter would have been obvious over VDP/ZHA/PAH.
Claim 16 rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”) In view of Zhao et al Interactive Tooth Segmentation of Dental Models IEEE Eng in Medicine and Biology 27th annual conf. 2005 (“ZHA”) in further view of US 9189124 B2 Pahlavan (PAH) in further view of WO 2022016294 A1 Piche (“PIC”)
Regarding claim 16(12) VDP/ZHA/PAH teaches the limitations of the parent claim. VDP/ZHA/PAH does not teach however PIC teaches
wherein the first tooth is a preparation tooth having a margin line, and wherein determining the first tooth closest to the coordinate comprises: identifying a margin line of the preparation tooth; determining that a point on the 3D surface closest to the coordinate is within the margin line in a plane; and classifying points on the preparation tooth that are within the margin line as the preparation tooth. { [0004] One general aspect of the invention includes a method for generating a three- dimensional crown surface for replacing a missing tooth. The method includes, using an artificial intelligence model, detecting the missing tooth from a digital three-dimensional representation of a mouth, and generating a three-dimensional crown surface for replacing the missing tooth taking into account one or more of a dental preparation, margin line, occlusion, the gap between the preparation and adjacent and opposing teeth. [0042] Examples of tasks performed include segmentation tasks where the Al model is asked to specify the class to which a data point belongs.
[0066] The boundary that the learning algorithm is asked to position may relate to a margin line, a tooth gingiva boundary, etc. The margin line is the interface between the dental preparation and the restoration. It represents where the preparation finishes and the crown begins.
}
In addition, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of VDP/ZHA/PAH and PIC . One would have been motivated to do so, in order to obtain the advantage of obtaining the clear demarcation of the margin line for the tooth being reconstructed, as a critical element for both health and esthetics.
Accordingly, the claimed subject matter would have been obvious over VDP/ZHA/PAH/PIC.
Claim 14 rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”) In view of Zhao et al Interactive Tooth Segmentation of Dental Models IEEE Eng in Medicine and Biology 27th annual conf. 2005 (“ZHA”) in further view of US 9189124 B2 Pahlavan (PAH) in further view of VENKATESH, CONE BEAM COMPUTED TOMOGRAPHY: BASICS AND APPLICATIONS IN DENTISTRY, J Istanbul Univ Fac Dent 2017;51(3 Suppl 1):S102-S121 2017, https://pmc.ncbi.nlm.nih.gov/articles/PMC5750833/pdf/jiufd-051-s102.pdf (“VEN”)
Regarding claim 14(12) VDP/ZHA/PAH teaches the limitations of the parent claim. VDP/ZHA/PAH does not teach however VEN teaches
wherein at least one of a mesial surface or a distal surface of the first tooth is visible through the second tooth displayed using at least one of the second visualization or the second transparency level. {
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In addition, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of VDP/ZHA/PAH with further teaching of VEN . One would have been motivated to do so, in order to obtain the advantage to visualized the side of the tooth for prophylaxis or restoration.
Accordingly, the claimed subject matter would have been obvious over VDP/ZHA/PAH/VEN
Claim 17 rejected under 35 U.S.C. 103 as being unpatentable over US 20150164335 A1 Van Der Poel (“VDP”) In view of Zhao et al Interactive Tooth Segmentation of Dental Models IEEE Eng in Medicine and Biology 27th annual conf. 2005 (“ZHA”) in further view of US 9189124 B2 Pahlavan (PAH) in further view of Li et al Interactive Tooth Separation from Dental Model Using Segmentation Field 2016 (“LI”)
Regarding claim 17 (12) VDP/ZHA/PAH teaches the limitations of the parent claim ZHA teaches
wherein determining the first tooth closest to the coordinate comprises:
performing one or more morphological operations to divide the 3D surface into a
plurality of parts that correspond to distinct teeth; { Fig. 4: The result of 3D morphological operations
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In addition, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of VDP/ZHA/PAH with further teaching of ZHA . One would have been motivated to do so, in order to obtain the advantage to have be able to obtain good teeth separation for each tooth.
Accordingly, the claimed subject matter would have been obvious over VDP/ZHA/PAH
VDP/ZHA/PAH does not teach but LI teaches
finding a point on the 3D surface closest to the coordinate; and selecting a part associated with the first tooth that comprises the point on the 3D surface closest to the coordinate. {p8 User Interface An easy-to-use interactive tool for dental model segmentation is indispensable in an interactive segmentation approach. In our method, teeth can effectively separated from dental model by using only a single mouse click without any additional user input. In order to indicate which tooth need to be partitioned, the interactive segmentation tool (as the cross cursor showed in Fig 5)should be placed on the target tooth. Owing to the feature points are automatically detected and grouped in advance, we only need to find the two feature point groups closet to point p, which is selected by user interaction tool and is denoted by yellow sphere in Fig 5), through computing the geodesic distance between point p and feature points (denoted by blue and red spheres in Fig 5 shows). The feature points located in the closest group are assigned as the target constraints, while the feature points belong to the next-closest one are treated as the background constraints.
}
A POSITA would understand that pointing to or selecting the surface implies that even if pointing to is not on the surface tooth one would select the closest one to the pointer and not another part of the tooth more far (part could be surface, root, etc).
In addition, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of VDP/ZHA/PAH with further teaching of LI . One would have been motivated to do so, in order to obtain the advantage of a user-friendly way to select the part of the tooth to focus/work on.
Accordingly, the claimed subject matter would have been obvious over VDP/ZHA/PAH/LI
Prior art made of record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
JP 2021145946 A Sato
US 20190282344 A1 Azernikov
Bei Zhang et al The extraction method of tooth preparation margin line based on S-Octree CNN
22 July 2019 https://doi.org/10.1002/cnm.3241Digital Object Identifier (DOI)
Conclusion
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/A.S./Examiner, Art Unit 2188
/RYAN F PITARO/Supervisory Patent Examiner, Art Unit 2188
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