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 .
Response to Amendment
This office action is in response to the remarks filed on 10/15/2025.
The amendment filed 10/15/2025 has been entered. Claims 1, and 4-8, and 10-22 and 29 remain pending in the application, claims 2-3, 9, and 23-28 have been canceled, and claim 30 has been newly added.
The 112(b) rejections have been withdrawn in light of claim amendments.
Claim Interpretation
The claims recite “waveguide”. For examination purposes, a “waveguide” will be interpreted as a pattern projector based on paragraph [0006] of the specification. If applicant does not intend to have the waveguide of claim 1 interpreted as such, applicant may amend the claim.
The claims recite the term “unpatterned light”. For examination purposes, an “unpatterned light” will be interpreted as “as a focused ray”, based on paragraph [0057 of the specification. If applicant does not intend to have the waveguide of claim 1 interpreted as such, applicant may amend the claim.
Claim Rejections - 35 USC § 103
In the In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 4-8, 10, 11-22 and 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Saphier et al. (US 20190388193 A1, hereinafter “Saphier”) in view of Li et al. (US 20200288981 A1, hereinafter "Li") and Pesach et al. (US 20200205942 A1, of record hereinafter "Pesach").
Regarding claim 1, Saphier teaches an intraoral scanner comprising:
an elongate wand comprising a probe at a distal end of the elongate wand (an elongate handheld wand including a probe at a distal end of the handheld wand [0026]);
one or more light sources (a laser diode 1041 as light source 1040 [0346]; a laser is a ray of light, i.e. unpatterned) disposed within the elongate wand away from the distal end of the probe (the light source 1040 is away from the distal end of the wand as shown in fig. 28A), wherein the one or more light sources are configured to generate unpatterned light directed toward the distal end of the elongate wand (Laser diode 1041 may transmit light through a collimator 1062, and the collimated light is then transmitted through DOE 1043 in order to generate the structured light pattern as a distribution of discrete unconnected spots of light [0351]; light only becomes patterned after entering the diffractive optical element (DOE), and is “unpatterned” beforehand [0351]);
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Fig. 28A reproduced above
Saphier, however, does not teach:
one or more waveguides integrated into a plate disposed within the probe,
wherein the one or more waveguides are configured to receive the unpatterned light generated by the one or more light sources, to guide the unpatterned light in one or more first directions toward the distal end of the elongate wand, and to output patterned light from focus grating couplers at one or more locations at the distal end of the probe,
wherein the patterned light is directed in one or more second directions toward one or more intraoral objects, wherein the one or more second directions are at an angle of 45 degrees to 135 degrees to the one or more first directions; and
one or more image sensors disposed at the distal end of the probe, wherein the one or more image sensors are configured to capture images of the one or more intraoral objects illuminated by the patterned light
Li is considered analogous to the instant application as “Intra-oral scanning device with integrated Optical Coherence Tomography (OCT)” is disclosed (title).
Li teaches:
wherein the one or more waveguides (TIR prism 19 [0024]) are configured to receive the unpatterned light generated by the one or more light sources (FIG. 6A, the scanner's optical system 40 is configured to include two (2) optical paths, namely, a laser projection path 41, and an optical imaging path 42. Generally, the laser projection path preferably comprises three (3) color (RGB) lasers 43, and a spatial light modulator 44 to project a structured laser light pattern and live view color illumination on the tooth surface [0029]; as the light source is a beam, it is “unpatterned light” ), to guide the unpatterned light in one or more first directions toward the distal end of the elongate wand (The TIR prism is configured to transmit light that comes into the prism at a certain range of angles, and to reflect light that comes in at a different angle. In particular, and with reference to FIG. 4, and FIGS. 5A and 5B, light enters the prism at a normal to a first transmitting surface 26 and is largely reflected off of the TIR surface 30 [0025]), and to output patterned light from... at one or more locations at the distal end of the probe (the laser beam enters the first prism 24 at normal incident angle, and it is internally reflected (totally) by the 45 degree TIR surface 30 such that the beam then hits on the light modulator. When the modulator is turned on, and when each individual mirror turns +8 degree, then the laser beam is reflected back to prism 24 through to the 45° TIR surface 30. [0026])
wherein the patterned light is directed in one or more second directions toward one or more intraoral objects (Generally, the laser projection path preferably comprises three (3) color (RGB) lasers 43, and a spatial light modulator 44 to project a structured laser light pattern and live view color illumination on the tooth surface [0029]), wherein the one or more second directions are at an angle of 45 degrees to 135 degrees to the one or more first directions (the laser beam enters the first prism 24 at normal incident angle, and it is internally reflected (totally) by the 45 degree TIR surface 30 such that the beam then hits on the light modulator. When the modulator is turned on, and when each individual mirror turns +8 degree, then the laser beam is reflected back to prism 24 through to the 45° TIR surface 30. [0026]); and
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Saphier to include wherein the one or more waveguides are configured to receive the unpatterned light generated by the one or more light sources, to guide the unpatterned light in one or more first directions toward the distal end of the elongate wand, and to output patterned light at one or more locations at the distal end of the probe, wherein the patterned light is directed in one or more second directions toward one or more intraoral objects, wherein the one or more second directions are at an angle of 45 degrees to 135 degrees to the one or more first directions, as taught by Li. Doing so would provide enhanced 3D imaging and dental diagnosis, as suggested by Li ([0005]).
The combined invention still does not teach one or more waveguides integrated into a plate disposed within the probe, and output patterned light from focus grating couplers at one or more locations at the distal end of the probe, and one or more image sensors disposed at the distal end of the probe, wherein the one or more image sensors are configured to capture images of the one or more intraoral objects illuminated by the patterned light.
Pesach is considered analogous to the instant application as “Intraoral scanner” is disclosed (title).
Pesach teaches:
one or more waveguides (1204 [0032]; DOE 1204 may also include a collimating effect cone and a diffraction grating to create light stripes. In the embodiment of FIG. 12, laser source 1206 generates three laser beams at RGB wavelengths via a single optical fiber 1214 to DOE 1204 that casts a pattern 1210 on a ROI (e.g., tooth) 1212. [0300]) integrated into a plate disposed within the probe (waveguides 1204 integrated within IOS head 1250, reproduced below),
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Fig. 12 of Pesach reproduced above
and output patterned light from focus grating couplers at one or more locations at the distal end of the probe (DOE 1204 may also include a collimating effect cone and a diffraction grating to create light stripes. In the embodiment of FIG. 12, laser source 1206 generates three laser beams at RGB wavelengths via a single optical fiber 1214 to DOE 1204 that casts a pattern 1210 on a ROI (e.g., tooth) 1212. In accordance with the grating equation [sin(θ)=mλ/d] the diffracted light pattern depends on its wavelength [0300]; the IOS further includes a bottom layer including at least one microlens positioned along an optical path of at least of the light projector and the imager [0075]),
and one or more image sensors (image sensor 112 [0204]; fig. 1) disposed at the distal end of the probe (image sensor shown on distal end of intraoral sensor shown in fig. 1), wherein the one or more image sensors are configured to capture images of the one or more intraoral objects illuminated by the patterned light (The RGB cast pattern forms three individual patterns each at one of the RGB wavelengths and the refracted patterns reflected off ROI 1212 may be acquired by one or more RGB image acquisition modules 1202 and communicated to processing unit 116 [0300]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Saphier to include one or more waveguides integrated into a plate disposed within the probe, and output patterned light from focus grating couplers at one or more locations at the distal end of the probe, and one or more image sensors disposed at the distal end of the probe, wherein the one or more image sensors are configured to capture images of the one or more intraoral objects illuminated by the patterned light, as taught by Pesach. Doing so would facilitate and/or increase accuracy of determination of a point of contact between the elongated object and the ROI based on an image and/or a set of images, as suggested by Pesach ([0161]).
Regarding claim 4, modified Saphier teaches the intraoral scanner of claim 1, as discussed above. Saphier, however, does not teach wherein at least one focusing grating coupler is configured to output a pattern of spots.
Pesach, however teaches wherein at least one focusing grating coupler is configured to output a pattern (DOE 1204 may also include a collimating effect cone and a diffraction grating to create light stripes. In the embodiment of FIG. 12, laser source 1206 generates three laser beams at RGB wavelengths via a single optical fiber 1214 to DOE 1204 that casts a pattern 1210 on a ROI (e.g., tooth) 1212. In accordance with the grating equation [sin(θ)=mλ/d] the diffracted light pattern depends on its wavelength [0300]; the IOS further includes a bottom layer including at least one microlens positioned along an optical path of at least of the light projector and the imager [0075]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Saphier to include wherein at least one focusing grating coupler is configured to output a pattern, as taught by Pesach. Doing so would facilitate and/or increase accuracy of determination of a point of contact between the elongated object and the ROI based on an image and/or a set of images, as suggested by Pesach ([0161]).
Pesach, however is silent regarding [wherein at least one focusing grating coupler is configured to output a pattern] of spots.
While Pesach is silent regarding the wherein at least one focusing grating coupler is configured to output a pattern of spots, it is noted that the Applicant’s specification does not impute any significance and/or criticality to the claimed pattern of spots. More specifically, the applicants specification discloses that “The pattern projectors 102 may be configured in embodiments to radiate any target beam shape. Examples of such beam shapes include a pattern of spots (e.g., four to sixteen spots, twelve spots, nine spots, etc.), a pattern of lines, a grid pattern, a checkerboard pattern, and so on” ([0004]). Accordingly, it is herein asserted that the claimed pattern of spots is neither significant nor critical, therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date, to change the shape of the pattern of Pesach, such that the pattern is outputted in spots, in order to facilitate mapping.
Regarding claim 5, modified Saphier teaches intraoral scanner of claim 4, as discussed above. Saphier, however, does not teach wherein the pattern of spots comprises four to sixteen spots having a uniform spacing. Pesach teaches outputting a pattern (DOE 1204 may also include a collimating effect cone and a diffraction grating to create light stripes. In the embodiment of FIG. 12, laser source 1206 generates three laser beams at RGB wavelengths via a single optical fiber 1214 to DOE 1204 that casts a pattern 1210 on a ROI (e.g., tooth) 1212. In accordance with the grating equation [sin(θ)=mλ/d] the diffracted light pattern depends on its wavelength [0300]; the IOS further includes a bottom layer including at least one microlens positioned along an optical path of at least of the light projector and the imager [0075]),
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Saphier to include outputting a pattern, as taught by Pesach. Doing so would facilitate and/or increase accuracy of determination of a point of contact between the elongated object and the ROI based on an image and/or a set of images, as suggested by Pesach ([0161]).
While the combined invention is silent regarding wherein the pattern of spots comprises four to sixteen spots having a uniform spacing, it is noted that the Applicant’s specification does not impute any significance and/or criticality to the claimed pattern of spots. More specifically, the applicants specification discloses that “The pattern projectors 102 may be configured in embodiments to radiate any target beam shape. Examples of such beam shapes include a pattern of spots (e.g., four to sixteen spots, twelve spots, nine spots, etc.), a pattern of lines, a grid pattern, a checkerboard pattern, and so on” ([0004]). Accordingly, it is herein asserted that the claimed pattern of spots comprises four to sixteen spots having a uniform spacing, is neither significant nor critical, therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date, to change the shape of the pattern of Pesach, such that the pattern is outputted in spots, in order to facilitate mapping.
Regarding claim 6, modified Saphier teaches the intraoral scanner of claim 2, as discussed above. Saphier further teaches wherein each waveguide of the one or more waveguides comprises a transport region having a first width (first width labeled in fig. 27A is a light projector, as disclosed in [0341]), a pattern projector region comprising the one or more pattern projectors (structured light projector 22 all laser diodes 36 transmit light through a common pattern generating optical element 38 [0341]), the pattern projector region having a second width that is greater than the first width (a second width greater than first width labeled below), and a tapered region between the transport region and the pattern projector region that transitions from the first width to the second width (tapered region between the first and second width labeled below).
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Fig. 21 of Saphier reproduced above
Regarding claim 7, modified Saphier teaches the intraoral scanner of claim 1, as discussed above. Saphier, however, does not teach a microlens array disposed over each of the one or more focus grating couplers. Pesach, however, teaches a microlens array disposed over each of the one or more focus grating couplers ([0163]-[0164] discloses that a microlens array; [0075] discloses that the microlens array is the bottom layer, and positioned along the light path).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Saphier to include a microlens array disposed over each of the one or more focus grating couplers, as taught by Pesach. Doing so would facilitate and/or increase accuracy of determination of a point of contact between the elongated object and the ROI based on an image and/or a set of images, as suggested by Pesach ([0161]).
Regarding claim 8, modified Saphier teaches the intraoral scanner of claim 1, as discussed above. Saphier, however, does not teach wherein the one or more waveguides comprise at least one waveguide configured to perform the following: receive the unpatterned light from a light source of the one or more light sources; and divide the unpatterned light across a plurality of paths, wherein each path of the plurality of paths comprises a distinct focus grating coupler configured to output a portion of the patterned light.
Pesach, however, teaches wherein the one or more waveguides comprise at least one waveguide configured to perform the following:
receive the unpatterned light from a light source of the one or more light sources (micro light emitters 118 that emit light directly or through one or more projecting microlenses 120 in the general direction of an ROI [0205]; as the light emitters emit rays in one direction it is “unpatterned”),; and
divide the unpatterned light across a plurality of paths([0206] discloses diving unpatterned light/ray of light into multiple directions/path)
wherein each path of the plurality of paths comprises a distinct focus grating coupler configured to output a portion of the patterned light (multiple sensor modules 1312 and/or emitters 1320 may be arranged on an IOS head… various emitters may include pattern generators having similar and/or different patterns [0306]; , DOE 1204 may also include a collimating effect cone and a diffraction grating to create light stripes [0300]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Saphier to include wherein the one or more waveguides comprise at least one waveguide configured to perform the following: receive the unpatterned light from a light source of the one or more light sources; and divide the unpatterned light across a plurality of paths, wherein each path of the plurality of paths comprises a distinct focus grating coupler configured to output a portion of the patterned light, as taught by Pesach. Doing so would facilitate and/or increase accuracy of determination of a point of contact between the elongated object and the ROI based on an image and/or a set of images, as suggested by Pesach ([0161]).
Regarding claim 10, modified Saphier teaches the intraoral scanner of claim 1, as discussed above. Saphier, however, does not teach wherein the probe comprises a longitudinal axis, wherein the one or more image sensors each have an angle of 45 degrees to 135 degrees to the longitudinal axis.
Pesach, however teaches wherein the probe comprises a longitudinal axis, wherein the one or more image sensors each have an angle of 45 degrees to 135 degrees to the longitudinal axis. Pesach, however, teaches wherein the probe comprises a longitudinal axis (longitudinal axis labeled in fig. 4 below), wherein the one or more image sensors each have an angle of 45 degrees to 135 degrees to the longitudinal axis (image sensor 112 have an angle of 90 degrees to the longitudinal axis, as annotated in fig. 4 below; image sensor 121 [0226])
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Fig. 4 of Pesach reproduced above with annotations
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Saphier to include wherein the probe comprises a longitudinal axis, wherein the one or more image sensors each have an angle of 45 degrees to 135 degrees to the longitudinal axis., as taught by Pesach. Doing so would facilitate and/or increase accuracy of determination of a point of contact between the elongated object and the ROI based on an image and/or a set of images, as suggested by Pesach ([0161]).
Regarding claim 11, modified Saphier teaches the intraoral scanner of claim 10, as discussed above. Saphier, however does not teach wherein a lateral distance between the one or more locations at the distal end of the probe and the one or more image sensors within a plane defined at least in part by the longitudinal axis of the probe is less than 2 mm.
Pesach, however, teaches wherein a lateral distance between the one or more locations at the distal end of the probe and the one or more image sensors within a plane defined at least in part by the longitudinal axis of the probe is less than 2 mm (Optionally, in some embodiments IOS head 150 width may be between 5-25 mm. In some embodiments IOS head 150 width may be between 3-20 mm. In some embodiments, IOS head 150 width may be between 1-15 mm, less than 1 mm or more than 15 mm. In some embodiments, IOS head 150 length may be between 3-20 cm. In some embodiments IOS head 150 width may be between 5-25 mm. In some embodiments, IOS head 150 thickness may be between 10-20 mm, less than 10 mm or more than 20 mm. In some embodiments IOS head 150 thickness may be between 5-15 mm. In some embodiments, IOS head thickness may be between 3-10 mm, less than 3 mm or more than 10 mm [0201]; the IOS head/distal end is where the image sensors are located).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Saphier to include wherein a lateral distance between the one or more locations at the distal end of the probe and the one or more image sensors within a plane defined at least in part by the longitudinal axis of the probe is less than 2 mm, as taught by Pesach. Doing so would facilitate and/or increase accuracy of determination of a point of contact between the elongated object and the ROI based on an image and/or a set of images, as suggested by Pesach ([0161]).
Regarding claim 12, modified Saphier teaches the intraoral scanner of claim 1, as discussed above. Saphier, however, is silent regarding wherein the patterned light has a consistent overlap over an entire depth of focus of the intraoral scanner.
Pesach, however, teaches wherein the patterned light has a consistent overlap over an entire depth of focus of the intraoral scanner (Alternatively or additionally, components having different focal lengths may be mounted at a single depth from surface 1306, for example to increase a depth of focus and/or components having different focal lengths may be mounted at a differing depth from surface 1306 to synchronize their focal length and/or get multiple views of a single ROI and/or the depth of a component with respect to surface 1306 may be adjusted according to its distance from a center of focus, for example to compensate horizontal position along plane 1306, for example to facilitate focus of multiple components onto a single point [0312])
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Saphier to include wherein the patterned light has a consistent overlap over an entire depth of focus of the intraoral scanner, as taught by Pesach. Doing so would facilitate and/or increase accuracy of determination of a point of contact between the elongated object and the ROI based on an image and/or a set of images, as suggested by Pesach ([0161]).
Regarding claim 13, modified Saphier teaches the intraoral scanner of claim 1, as discussed above. Saphier, however does not teach wherein all light rays of the patterned light output from a particular location of the one or more locations are parallel to one another.
Pesach, however, teaches wherein all light rays of the patterned light output from a particular location of the one or more locations are parallel to one another (Reference is now made to FIG. 11, which is a plan view and cross section view thereof at level C-C [0283]; shows light rays that are approximately parallel).
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Fig. 11 of Pesach reproduced above
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Saphier to include wherein all light rays of the patterned light output from a particular location of the one or more locations are parallel to one another, as taught by Pesach. Doing so would facilitate and/or increase accuracy of determination of a point of contact between the elongated object and the ROI based on an image and/or a set of images, as suggested by Pesach ([0161]).
Regarding claim 14, modified Saphier teaches the intraoral scanner of claim 13, as discussed above. Saphier, however, does not teach wherein first light rays of the patterned light output from a first location of the one or more locations have a first angle relative to a plane defined at least in part by a longitudinal axis of the probe, and wherein second light rays of the patterned light output from a second location of the one or more locations have a second angle relative to the plane defined at least in part by the longitudinal axis.
Pesach, however, teaches wherein first light rays of the patterned light output from a first location of the one or more locations have a first angle relative to a plane defined at least in part by a longitudinal axis of the probe, and wherein second light rays of the patterned light output from a second location of the one or more locations have a second angle relative to the plane defined at least in part by the longitudinal axis (a multifocal IOS for scanning a close by object (e.g. tooth 2200 b). For example, an object at a distance between 2 to 15 mm from the imager module 2012 a may scanned using projector 2020 a. Optionally the field of illumination 2034 a of projector 2020 a is directed and/or sized to overlap with the FOV 2032 a of imager module 2012 a at the small distance from the scanner [0336]; two lights at two angles are depicted).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Saphier to include wherein first light rays of the patterned light output from a first location of the one or more locations have a first angle relative to a plane defined at least in part by a longitudinal axis of the probe, and wherein second light rays of the patterned light output from a second location of the one or more locations have a second angle relative to the plane defined at least in part by the longitudinal axis, as taught by Pesach. Doing so would facilitate and/or increase accuracy of determination of a point of contact between the elongated object and the ROI based on an image and/or a set of images, as suggested by Pesach ([0161]).
Regarding claim 15, modified Saphier teaches the intraoral scanner of claim 1, as discussed above. Saphier, however, does not teach wherein the one or more light sources comprise a first light source that outputs first coherent light having a first wavelength and a second light source that outputs second coherent light having a second wavelength, wherein a same waveguide of the one or more waveguides is to transport the first coherent light and the second coherent light to the one or more locations at the distal end of the probe.
Pesach, however, teaches wherein the one or more light sources comprise a first light source that outputs first coherent light having a first wavelength and a second light source that outputs second coherent light having a second wavelength (the light projector is a coherent light generator that generates a diffractive light pattern on an ROI, the light pattern including at least two different wavelengths [0087]; one or more of the plurality of micro light emitters [0171]; IOS includes a micro light emitter that projects light at two or more wavelengths. In some embodiments, the projecting microlens is a diffractive optical element (DOE) that creates a given pattern at two or more wavelengths such that the patterns differ by the wavelengths ratio [0177]), wherein a same waveguide of the one or more waveguides is to transport the first coherent light and the second coherent light to the one or more locations at the distal end of the probe (fig. 20A depicts multiple wavelength emitters at the distal end of the probe transporting the light at multiple locations).
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Fig.20A of Pesach reproduced above
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Saphier to include wherein the one or more light sources comprise a first light source that outputs first coherent light having a first wavelength and a second light source that outputs second coherent light having a second wavelength, wherein a same waveguide of the one or more waveguides is to transport the first coherent light and the second coherent light to the one or more locations at the distal end of the probe, as taught by Pesach. Doing so would facilitate and/or increase accuracy of determination of a point of contact between the elongated object and the ROI based on an image and/or a set of images, as suggested by Pesach ([0161]).
Regarding claim 16, modified Saphier teaches the intraoral scanner of claim 1, as discussed above. Saphier further teaches at least one of a lens, a prism or a grating that couples a light source of the one or more light sources to a waveguide of the one or more waveguides (As shown in FIG. 2, an oral inspection handle and a probe 21 are designed to mainly include a built-in optical fiber coupler 19, a scanning galvanometer 18, a convex lens 20 and a reflecting mirror 22 [0032]).
Regarding claim 17, modified Saphier teaches intraoral scanner of claim 1, as discussed above. Saphier however does not teach wherein the one or more light sources are directly coupled to the one or more waveguides. Pesach, however, teaches wherein the one or more light sources are directly coupled to the one or more waveguides (multiaperture optics intraoral scanner (IOS), shows an IOS head 1250 including one or more color image acquisition modules 1202 (for instance, CMOS with RGB Bayer filter) and diffractive optic element (DOE) 1204 [0300]; laser source 1206 generates three laser beams at RGB wavelengths via a single optical fiber 1214 to DOE 1204 that casts a pattern 1210 on a ROI (e.g., tooth) 1212 [0300]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Saphier to include wherein the one or more light sources are directly coupled to the one or more waveguides, as taught by Pesach. Doing so would facilitate and/or increase accuracy of determination of a point of contact between the elongated object and the ROI based on an image and/or a set of images, as suggested by Pesach ([0161]).
Regarding claim 18, modified Saphier teaches the intraoral scanner of claim 1, as discussed above. Saphier, however, does not teach the one or more waveguides comprises a first plurality of waveguides; and the one or more light sources comprises a plurality of semiconductor lasers.
Pesach, however, teaches the one or more waveguides comprises a first plurality of waveguides (a plurality of pattern projectors [0031]); and the one or more light sources comprises a plurality of semiconductor lasers ([0266], [0300] disclose that the sensor can be a semiconductor/laser system).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Saphier to include the one or more waveguides comprises a first plurality of waveguides; and the one or more light sources comprises a plurality of semiconductor lasers, as taught by Pesach. Doing so would facilitate and/or increase accuracy of determination of a point of contact between the elongated object and the ROI based on an image and/or a set of images, as suggested by Pesach ([0161]).
Regarding claim 19, modified Saphier teaches the intraoral scanner of claim 1, as discussed above. Saphier, however, does not teach a refractive coating on at least one surface of the one or more waveguides at the one or more locations.
Pesach, however, teaches a refractive coating on at least one surface of the one or more waveguides at the one or more locations (the projection microlenses are refractive projection microlenses. In some embodiments, the projection microlenses are diffractive optic elements (DOE). In some embodiments, the projection microlenses are a combination of a refractive and diffractive microlenses [0168]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Saphier to include a refractive coating on at least one surface of the one or more waveguides at the one or more locations, as taught by Pesach. Doing so would facilitate and/or increase accuracy of determination of a point of contact between the elongated object and the ROI based on an image and/or a set of images, as suggested by Pesach ([0161]).
Regarding claim 20, modified Saphier teaches the intraoral scanner of claim 1, as discussed above. Saphier, however, does not teach wherein the plate covers at least a first subset of the one or more image sensors such that returning light from the one or more intraoral objects passes through the plate to reach the first subset of the one or more image sensors.
Pesach, however, teaches wherein the plate (804; fig. 8; [0266]) covers at least a first subset of the one or more image sensors (112; fig. 8 [0266]) such that returning light from the one or more intraoral objects passes through the plate to reach the first subset of the one or more image sensors (returning light passes through plate 804 to get to image sensor 112).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Saphier to include wherein the plate covers at least a first subset of the one or more image sensors such that returning light from the one or more intraoral objects passes through the plate to reach the first subset of the one or more image sensors, as taught by Pesach. Doing so would facilitate and/or increase accuracy of determination of a point of contact between the elongated object and the ROI based on an image and/or a set of images, as suggested by Pesach ([0161]).
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Fig. 8 of Pesach reproduced above
Regarding claim 21, modified Saphier teaches the intraoral scanner of claim 20, as discussed above. Saphier, however, does not teach a second plate in the probe disposed on the plate such that the second plate also covers at least the first subset of the one or more image sensors, wherein the second plate comprises one or more additional waveguides, and wherein the one or more additional waveguides output the patterned light from one or more additional locations that do not overlap with the one or more locations.
Pesach, however teaches teach a second plate (806) in the probe disposed on the plate such that the second plate also covers at least the first subset of the one or more image sensors (112; fig. 8 [0266]), wherein the second plate comprises one or more additional waveguides (second subset labeled below), and wherein the one or more additional waveguides output the patterned light from one or more additional locations that do not overlap with the one or more locations (The location of projection microlenses 120 may correspond to light pattern transparencies 816-1, 816-2 and 816-3 a [0272]part of the lens project the pattern, some do not depending on where it is located on the intraoral scanner).
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Fig. 8 of Pesach reproduced above with annotations
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Saphier to include a second plate in the probe disposed on the plate such that the second plate also covers at least the first subset of the one or more image sensors, wherein the second plate comprises one or more additional waveguides, and wherein the one or more additional waveguides output the patterned light from one or more additional locations that do not overlap with the one or more locations, as taught by Pesach. Doing so would facilitate and/or increase accuracy of determination of a point of contact between the elongated object and the ROI based on an image and/or a set of images, as suggested by Pesach ([0161]).
Regarding claim 22, modified Saphier teaches the intraoral scanner of claim 20, as discussed above. Saphier, however, does not teach wherein the plate has a first orientation relative to a plane defined at least in part by a longitudinal axis of the probe, the intraoral scanner further comprising: a second plate in the probe, wherein the second plate covers at least a second subset of the one or more image sensors such that returning light from the one or more intraoral objects passes through the second plate to reach the second subset of the one or more image sensors, wherein the second plate comprises one or more additional waveguides, and wherein the second plate has a second orientation relative to the plane defined at least in part by the longitudinal axis of the probe.
Pesach, however, teaches wherein the plate has a first orientation relative to a plane defined at least in part by a longitudinal axis of the probe, the intraoral scanner further comprising: a second plate (806) in the probe, wherein the second plate covers at least a second subset of the one or more image sensors such that returning light from the one or more intraoral objects passes through the second plate to reach the second subset of the one or more image sensors (second subset circle below, image sensor is 112), wherein the second plate comprises one or more additional waveguides, and wherein the second plate has a second orientation relative to the plane defined at least in part by the longitudinal axis of the probe (as the second plate is on a separate layer, it has a separate orientation).
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Fig. 8 of Pesach reproduced above with annotations
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Saphier to include wherein the plate has a first orientation relative to a plane defined at least in part by a longitudinal axis of the probe, the intraoral scanner further comprising: a second plate in the probe, wherein the second plate covers at least a second subset of the one or more image sensors such that returning light from the one or more intraoral objects passes through the second plate to reach the second subset of the one or more image sensors, wherein the second plate comprises one or more additional waveguides, and wherein the second plate has a second orientation relative to the plane defined at least in part by the longitudinal axis of the probe, as taught by Pesach. Doing so would facilitate and/or increase accuracy of determination of a point of contact between the elongated object and the ROI based on an image and/or a set of images, as suggested by Pesach ([0161]).
Regarding claim 29, Saphier teaches an intraoral scanner comprising:
one or more lasers (a laser diode 1041 as light source 1040 [0346]; a laser is a ray of light, i.e. unpatterned) disposed within the intraoral scanner away from a distal end of the intraoral scanner (the light source 1040 is away from the distal end of the wand as shown in fig. 28A), wherein the one or more lasers are configured to generate unpatterned light having a first wavelength that is directed toward the distal end of the intraoral scanner (Laser diode 1041 may transmit light through a collimator 1062, and the collimated light is then transmitted through DOE 1043 in order to generate the structured light pattern as a distribution of discrete unconnected spots of light [0351]; light only becomes patterned after entering the diffractive optical element (DOE), and is “unpatterned” beforehand [0351]);
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Fig. 28A reproduced above
Saphier, however, does not teach:
one or more waveguides integrated into a plate disposed within the distal end of the intraoral scanner, wherein the one or more waveguides each comprise a transport region configured to receive the unpatterned light and transport the unpatterned light in one or more first directions toward the distal end of the intraoral scanner to a projection region comprising a focusing grating coupler,
wherein the focusing grating coupler is to output patterned light onto an object external to the intraoral scanner, wherein the patterned light is directed in one or more second directions toward one or more intraoral objects; and
one or more image sensors disposed at the distal end of the intraoral scanner, wherein the one or more image sensors are configured to capture images of the one or more intraoral objects illuminated by the patterned light.
Li is considered analogous to the instant application as “Intra-oral scanning device with integrated Optical Coherence Tomography (OCT)” is disclosed (title).
Li teaches:
wherein the one or more waveguides (TIR prism 19 [0024]) each comprise a transport region configured to receive the unpatterned light (The TIR prism is configured to transmit light that comes into the prism at a certain range of angles, and to reflect light that comes in at a different angle. In particular, and with reference to FIG. 4, and FIGS. 5A and 5B, light enters the prism at a normal to a first transmitting surface 26 and is largely reflected off of the TIR surface 30 [0025]; FIG. 6A, the scanner's optical system 40 is configured to include two (2) optical paths, namely, a laser projection path 41, and an optical imaging path 42. Generally, the laser projection path preferably comprises three (3) color (RGB) lasers 43, and a spatial light modulator 44 to project a structured laser light pattern and live view color illumination on the tooth surface [0029]; as the light source is a beam, it is “unpatterned light”), and transport the unpatterned light in one or more first directions toward the distal end of the intraoral scanner to a projection region (the laser beam enters the first prism 24 at normal incident angle, and it is internally reflected (totally) by the 45 degree TIR surface 30 such that the beam then hits on the light modulator. When the modulator is turned on, and when each individual mirror turns +8 degree, then the laser beam is reflected back to prism 24 through to the 45° TIR surface 30. [0026]).
wherein the patterned light is directed in one or more second directions toward one or more intraoral objects ( Generally, the laser projection path preferably comprises three (3) color (RGB) lasers 43, and a spatial light modulator 44 to project a structured laser light pattern and live view color illumination on the tooth surface [0029]; the laser beam enters the first prism 24 at normal incident angle, and it is internally reflected (totally) by the 45 degree TIR surface 30 such that the beam then hits on the light modulator. When the modulator is turned on, and when each individual mirror turns +8 degree, then the laser beam is reflected back to prism 24 through to the 45° TIR surface 30. [0026]);
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Saphier to include one or more waveguides integrated into a plate disposed within the distal end of the intraoral scanner, wherein the one or more waveguides each comprise a transport region configured to receive the unpatterned light and transport the unpatterned light in one or more first directions toward the distal end of the intraoral scanner to a projection region, and wherein the patterned light is directed in one or more second directions toward one or more intraoral objects, as taught by Li. Doing so would provide enhanced 3D imaging and dental diagnosis, as suggested by Li ([0005]).
The combined invention still does not teach: one or more waveguides integrated into a plate disposed within the distal end of the intraoral scanner, a focusing grating coupler, wherein the focusing grating coupler is to output patterned light onto an object external to the intraoral scanner; and one or more image sensors disposed at the distal end of the intraoral scanner, wherein the one or more image sensors are configured to capture images of the one or more intraoral objects illuminated by the patterned light.
Pesach is considered analogous to the instant application as “Intraoral scanner” is disclosed (title).
one or more waveguides (1204 [0032]; DOE 1204 may also include a collimating effect cone and a diffraction grating to create light stripes. In the embodiment of FIG. 12, laser source 1206 generates three laser beams at RGB wavelengths via a single optical fiber 1214 to DOE 1204 that casts a pattern 1210 on a ROI (e.g., tooth) 1212. [0300]) integrated into a plate disposed within the distal end of the intraoral scanner (waveguides 1204 integrated within IOS head 1250, reproduced below),
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Fig. 12 of Pesach reproduced above
a focusing grating coupler (DOE 1204 may also include a collimating effect cone and a diffraction grating to create light stripes. In the embodiment of FIG. 12, laser source 1206 generates three laser beams at RGB wavelengths via a single optical fiber 1214 to DOE 1204 that casts a pattern 1210 on a ROI (e.g., tooth) 1212. In accordance with the grating equation [sin(θ)=mλ/d] the diffracted light pattern depends on its wavelength [0300]; the IOS further includes a bottom layer including at least one microlens positioned along an optical path of at least of the light projector and the imager [0075]),
wherein the focusing grating coupler is to output patterned light onto an object external to the intraoral scanner (DOE 1204 may also include a collimating effect cone and a diffraction grating to create light stripes. In the embodiment of FIG. 12, laser source 1206 generates three laser beams at RGB wavelengths via a single optical fiber 1214 to DOE 1204 that casts a pattern 1210 on a ROI (e.g., tooth) 1212. In accordance with the grating equation [sin(θ)=mλ/d] the diffracted light pattern depends on its wavelength [0300]; the IOS further includes a bottom layer including at least one microlens positioned along an optical path of at least of the light projector and the imager [0075]); and
one or more image sensors (image sensor 112 [0204]; fig. 1) disposed at the distal end of the intraoral scanner (image sensor shown on distal end of intraoral sensor shown in fig. 1), wherein the one or more image sensors are configured to capture images of the one or more intraoral objects illuminated by the patterned light (The RGB cast pattern forms three individual patterns each at one of the RGB wavelengths and the refracted patterns reflected off ROI 1212 may be acquired by one or more RGB image acquisition modules 1202 and communicated to processing unit 116 [0300]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Saphier to include one or more waveguides integrated into a plate disposed within the distal end of the intraoral scanner, a focusing grating coupler, wherein the focusing grating coupler is to output patterned light onto an object external to the intraoral scanner, and one or more image sensors disposed at the distal end of the intraoral scanner, wherein the one or more image sensors are configured to capture images of the one or more intraoral objects illuminated by the patterned light, as taught by Pesach. Doing so would facilitate and/or increase accuracy of determination of a point of contact between the elongated object and the ROI based on an image and/or a set of images, as suggested by Pesach ([0161]).
Regarding claim 30, modified Saphier teaches the intraoral scanner of claim 1, as discussed above. Saphier, however, does not teach wherein the focus grating couplers are formed in the plate at the one or more locations. Pesach, however, teaches wherein the focus grating couplers are formed in the plate at the one or more locations (laser source 1206 generates three laser beams at RGB wavelengths via a single optical fiber 1214 to DOE 1204 that casts a pattern 1210 on a ROI (e.g., tooth) 1212 [0300]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Saphier to include wherein the focus grating couplers are formed in the plate at the one or more locations, as taught by Pesach. Doing so would facilitate and/or increase accuracy of determination of a point of contact between the elongated object and the ROI based on an image and/or a set of images, as suggested by Pesach ([0161]).
Response to Arguments
Applicant's arguments filed 10/15/2025 have been fully considered but they are moot.
Regarding the 35 USC 102 rejections of claims 1 and 29, applicants arguments on pages 8-11 are premised upon the assertion that the prior art does not teach the newly added limitations regarding generating the light towards light towards the distal end of the elongate wand, and guiding the light towards a second direction. These arguments are moot in view of new grounds of rejection which relies upon Saphier et al. (US20190388193A1, hereinafter “Saphier”) and Li et al. (US 20200288981 A1, hereinafter "Li"), to teach these limitations, accordingly, this argument is moot Regarding the Pesach reference not teaching the focus grating coupler, the examiner asserts that the Pesach reference disclosing grating of the light as disclosed in paragraph [0300], accordingly, this argument is not persuasive.
Regarding the 35 USC 102 and 35 USC 103 rejections of the remaining dependent claims, the applicant’s arguments on page 11 are premised upon the assertion that the claims are allowable due to dependency on an allowable claim. The examine respectfully disagrees for the reasons discussed above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the 2, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/N.B./Examiner, Art Unit 3798
/PASCAL M BUI PHO/Supervisory Patent Examiner, Art Unit 3798