Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim 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.
Claim(s) 1-3, 5, 7, 9, 13-17, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Benetti (GB 2575781 A) in view of Masculo et al. (US 20200069042 A1), herein referred to as Masculo; refer to the provided translation for Benetti.
Regarding claim 1, Benetti discloses an oral treatment device (10) for use in treating an oral cavity of a user (refer to Paragraph 48; a dental cleaning device (10) is disclosed), the oral treatment device (10) comprising:
intraoral image sensor equipment (66) configured to generate image data representing at least a portion of the oral cavity of the user during use by the user of the oral treatment device (10) (refer to Paragraphs 56, 68; the sensor (66) is in the form of an optical transceiver and receiver, such as a camera; by emitting and returning a pulsed optical signal towards the oral cavity, an image is captured); and
a controller (controller of 56; refer to Paragraph 54) configured to:
process the generated image data to identify an interproximal gap and determine location data indicating a location of [[an]] the identified interproximal gap between adjacent teeth in the oral cavity of the user (refer to Paragraphs 56, 66; the signals received from the sensor (66) provide an indication of the cleaning tool (14) moving towards, or away from, an interproximal gap; the amplitude of the received signal is indicative of the location of the interproximal gap, thus identifying the gap via this signal); [[and]]
control the oral treatment device (10) to deliver a treatment to the identified interproximal gap based on the location data during the use of the oral treatment device (10) (Refer to Paragraph 66; in response to the reflected signals from the sensor (66), the control circuit (56) actuates the treatment of the oral cavity by the fluid treatment system (34)).
Benetti is silent to:
determining whether the identified interproximal gap has been previously identified during the
delivering treatment upon determining that the identified interproximal gap has not been previously identified; and
the determination of the location data being based on a trained classification algorithm, wherein the trained classification algorithm is trained prior to the use of the oral treatment device and without any prior input by the user.
Masculo discloses a method of localization of an oral cleaning device (10) in the same field of endeavor (refer to Paragraph [0006]). The method relies on the determination of the location data being based on a trained classification algorithm (refer to Paragraphs [0051]- [0052]; the classification model estimates the location of the oral cleaning device (10) in the mouth based on sensor data; the parameters of the model are learned from training data), wherein the trained classification algorithm is trained prior to the use of the oral treatment device (10) and without any prior input by the user (refer to Paragraph [0052]; the training data is a set of labeled examples from lab tests). Masculo further teaches the localization algorithm being used in determining whether the identified segment of the user’s mouth has been previously identified during the use of the oral cleaning device (10) (refer to Paragraphs [0042], [0061]; the mouth is divided into six segments, with the localization data indicating which segments of the mouth have been cleaned; the segments of the mouth that have been cleaned are the same segments that have been identified or estimated during the cleaning session) and initiating a response via the controller (30) upon determining that the identified segment has not been previously identified (refer to Paragraphs [0042], [0061]; real-time feedback is provided to the user indicating the segments not adequately cleaned, as these areas have not been identified or “estimated” by the classification algorithm during the cleaning session). As Benetti teaches controlling the oral treatment device (10) to deliver a treatment to an interproximal gap (refer to Paragraph 66), and Masculo teaches initiating a response via the controller upon determining that the identified segment has not been previously identified (refer to Paragraphs [0042], [0061]), the combined methods of Masculo and Benetti teach delivering treatment upon determining that the identified interproximal gap has not been previously identified. The method of Masculo enables accurate localization of oral cleaning (refer to Paragraph [0001]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have combined the determination of the location data as taught by Benetti (refer to Paragraph 66) with the method of using a trained classification algorithm as taught by Masculo (refer to Paragraphs [0051]- [0052]), as this method enables accurate localization of oral cleaning (refer to Paragraph [0001]).
Regarding claim 2, Benetti and Masculo disclose the oral treatment device according to claim 1; Benetti discloses wherein the oral treatment device (10) comprises a fluid delivery system (34) for delivering working fluid to the oral cavity of the user (refer to Paragraph 53; the fluid delivery system (34) delivers a burst of working fluid to the nozzle (32)), and
wherein the controller (controller of 56) is configured to output a control signal to the fluid delivery system (34) to control delivery of the working fluid based on the location data (refer to Paragraph 66; the control circuit (56) actuates a treatment to the oral cavity based on the reflected signal indicating the cleaning tool (14) is moving towards an interproximal gap).
Regarding claim 3, Benetti and Masculo disclose the oral treatment device according to claim 1; Benetti discloses wherein the oral treatment device (10) comprises a head (22), and wherein the intraoral image sensor equipment (66) is at least partially comprised in the head (22) (refer to Paragraph 61, annotated Fig. 2(b) below; the sensor (66) is located in the brush carrier of the cleaning tool (14)).
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Regarding claims 4 and 6, Benetti and Masculo disclose the oral treatment device according to claims 1 and 5; Benetti discloses wherein the oral treatment device (10) comprises a handle (12).
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Benetti is silent to wherein the intraoral image sensor equipment (66) is at least partially comprised in the handle (12) and wherein the sensor (66) is comprised in the handle (12) of the oral treatment device (10).
Masculo further discloses an oral care device (10) comprising a sensor (28) comprised in the handle, where the sensor (28) is part of the intraoral image sensor equipment (28) (refer to Paragraph [0033], annotated Fig. 1 below; the sensor (28) is within the body portion (12)).Placing the sensor (28) in the handle allows the device head (14) to be easily replaced (refer to Paragraph [0029]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the location of the sensor (66) as taught by Benetti to be in the handle (12), as taught by Masculo, to allow the device head (14) to be easily replaced (refer to Paragraph [0029]).
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Regarding claim 5, Benetti and Masculo disclose the oral treatment device according to claim 1; Benetti discloses wherein the oral treatment device (10) comprises a head (22), and
wherein the intraoral image sensor equipment (66) comprises:
a sensor (66); and
an aperture for receiving light and delivering the light to the sensor (66), the aperture being comprised in the head of the oral treatment device (22) (refer to Paragraph 68; the sensor (66) is comprised of a transmitter and receiver, configured to emit and receive light; by definition, cameras comprise an aperture (Merriam-Webster)).
Regarding claim 9, Benetti and Masculo disclose the oral treatment device according to claim 1; Benetti is silent to wherein the controller (controller of 56) is configured to process the generated image data by extracting one or more image features from the image data, and using the extracted one or more image features to determine the location data.
Masculo further discloses wherein a controller (30) is configured to process the generated sensor data by extracting one or more sensor features from the sensor data (refer to Paragraph [0047]; the feature extraction module (340) applies signal processing techniques to the sensor measurements to obtain fewer values, called features; one of the sensor configurations is a camera), and using the extracted one or more sensor features to determine the location data (refer to Paragraph [0051]; the classification model estimates the location of the oral cleaning device (10) based on the computer signal features). As Masculo discloses a camera as one of the sensors (refer to Paragraph [0033]), it follows that the data from a camera is image data. This method of image processing allows for only the relevant information to be processed by the classification algorithm (refer to Paragraph [0047]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the processing of the generating image data by the controller (controller of 56) as taught by Benetti to use feature extraction, as taught by Masculo, in order for only relevant information to be processed by the classification algorithm (refer to Paragraph [0047]).
Regarding claim 13, Benetti and Masculo disclose the oral treatment device according to claim 1; Benetti discloses wherein the oral treatment device (10) comprises a user interface (refer to Paragraph 49; the handle (12) comprises a user interface); but is silent to wherein the controller (controller of 56) is configured to cause the user interface to provide an output dependent on the location data.
Masculo further discloses the user interface providing an output dependent on the location data (refer to Paragraph [0036]; the feedback component (48) provides visual or haptic cues that the user should switch from the current location to a new cleaning location). This form of feedback ensures adequate cleaning of all dental surfaces by guiding the user (refer to Paragraph [0003]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the user interface of Benetti to provide an output dependent on the location data, as taught by Masculo (refer to Paragraph [0036]), to ensure adequate cleaning of all dental surfaces by guiding the user (refer to Paragraph [0003]).
Regarding claim 14, Benetti and Masculo disclose the oral treatment device according to claim 1; Benetti is silent to wherein the oral treatment device (10) comprises a memory, and wherein the controller (controller of 56) is configured to store one or more characteristics of the interproximal gap in the memory for use in subsequent processing and/or control of the oral treatment device.
Masculo further discloses wherein the oral treatment device (10) comprises a memory (34) and the controller (30) is configured to store one or more characteristics of the location data in the memory for use in subsequent processing and/or control of the oral treatment device (refer to Paragraphs [0035], [0039], [0057]-[0058]; the sensor data is stored for the controller (30) to obtain sensor data for estimating the location of the device (10) or creating guidance instructions based on previous cleaning data).
As Benetti discloses the location data of interest as interproximal gaps (refer to Paragraph 66), it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the oral treatment device (10) of Benetti with a memory (34) to store one or more characteristics of the location data for use in subsequent processing and/or control of the oral treatment device, such as allowing the system to access previous cleaning data to generate guidance instructions (refer to Paragraphs [0035], [0039], [0057]-[0058]).
Regarding claim 15, Benetti discloses the oral treatment device according to claim 1; Benetti discloses wherein the oral treatment device (10) comprises a toothbrush (14) (refer to Paragraphs 48-49; the appliance (10) is in the form of an electric toothbrush or cleaning tool (14)).
Regarding claim 16, Benetti discloses a method of operating an oral treatment device (10) for use in treating an oral cavity of a user (refer to Paragraphs 48, 66; a dental cleaning device (10) is disclosed; the operating mode of using the device (10) is further disclosed), the oral treatment device (10) comprising intraoral image sensor equipment (66) and a controller (controller of 56; refer to Paragraph 54), the method (refer to Paragraph 66) comprising:
generating, using the intraoral image sensor equipment (66), image data representing at least a portion of the oral cavity of the user during use by the user of the oral treatment device (10) (refer to Paragraphs 66, 68; the sensor (66) is in the form of an optical transceiver and receiver, such as a camera; by emitting and returning a pulsed optical signal towards the oral cavity, an image is captured);
processing, at the controller (controller of 56), the generated image data to identify an interproximal gap and determine location data indicating a location of [[an]] the interproximal gap between adjacent teeth in the oral cavity of the user (refer to Paragraphs 56, 66; the signals received from the sensor (66) provide an indication of the cleaning tool (14) moving towards, or away from, an interproximal gap; the amplitude of the received signal is indicative of the location of the interproximal gap, thus identifying the gap via this signal); and
controlling, at the controller (controller of 56), the oral treatment device (10) to deliver a treatment to the identified interproximal gap based on the location data during use of the oral treatment device (refer to Paragraph 66; in response to the reflected signals from the sensor (66), the control circuit (56) actuates the treatment of the oral cavity by the fluid treatment system (34)).
Benetti is silent to:
determining whether the identified interproximal gap has been previously identified during the
delivering treatment upon determining that the identified interproximal gap has not been previously identified; and
the determination of the location data being based on a trained classification algorithm, wherein the trained classification algorithm is trained prior to the use of the oral treatment device and without any prior input by the user.
Masculo discloses a method of localization of an oral cleaning device (10) in the same field of endeavor (refer to Paragraph [0006]). The method relies on the determination of the location data being based on a trained classification algorithm (refer to Paragraphs [0051]- [0052]; the classification model estimates the location of the oral cleaning device (10) in the mouth based on sensor data; the parameters of the model are learned from training data), wherein the trained classification algorithm is trained prior to the use of the oral treatment device (10) and without any prior input by the user (refer to Paragraph [0052]; the training data is a set of labeled examples from lab tests). Masculo further teaches the localization algorithm being used in determining whether the identified segment of the user’s mouth has been previously identified during the use of the oral cleaning device (10) (refer to Paragraphs [0042], [0061]; the mouth is divided into six segments, with the localization data indicating which segments of the mouth have been cleaned; the segments of the mouth that have been cleaned are the same segments that have been identified or estimated during the cleaning session) and initiating a response via the controller (30) upon determining that the identified segment has not been previously identified (refer to Paragraphs [0042], [0061]; real-time feedback is provided to the user indicating the segments not adequately cleaned, as these areas have not been identified or “estimated” by the classification algorithm during the cleaning session). As Benetti teaches controlling the oral treatment device (10) to deliver a treatment to an interproximal gap (refer to Paragraph 66), and Masculo teaches initiating a response via the controller upon determining that the identified segment has not been previously identified (refer to Paragraphs [0042], [0061]), the combined methods of Masculo and Benetti teach delivering treatment upon determining that the identified interproximal gap has not been previously identified. The method of Masculo enables accurate localization of oral cleaning (refer to Paragraph [0001]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have combined the determination of the location data as taught by Benetti (refer to Paragraph 66) with the method of using a trained classification algorithm as taught by Masculo (refer to Paragraphs [0051]- [0052]), as this method enables accurate localization of oral cleaning (refer to Paragraph [0001]).
Regarding claim 17, Benetti discloses a method of operating an oral treatment device (10) for use in treating an oral cavity of a user (refer to Paragraphs 48, 66; a dental cleaning device (10) is disclosed; the operating mode of using the device (10) is further disclosed), the method (refer to Paragraph [0066]) comprising:
generating, using the intraoral image sensor equipment (66), image data representing at least a portion of the oral cavity of the user during use by the user of the oral treatment device (10) (refer to Paragraphs 66, 68; the sensor (66) is in the form of an optical transceiver and receiver, such as a camera; by emitting and returning a pulsed optical signal towards the oral cavity, an image is captured);
processing the generated image data to identify an interproximal gap and determine location data indicating a location of [[an]] the interproximal gap between adjacent teeth in the oral cavity of the user (refer to Paragraphs 56, 66; the signals received from the sensor (66) provide an indication of the cleaning tool (14) moving towards, or away from, an interproximal gap; the amplitude of the received signal is indicative of the location of the interproximal gap, thus identifying the gap via this signal); [[and]]
controlling the oral treatment device (10) to deliver a treatment to the identified interproximal gap based on the location data during use of the oral treatment device (refer to Paragraph 66; in response to the reflected signals from the sensor (66), the control circuit (56) actuates the treatment of the oral cavity by the fluid treatment system (34)).
Benetti is silent to:
determining whether the identified interproximal gap has been previously identified during the
delivering treatment upon determining that the identified interproximal gap has not been previously identified; and
the determination of the location data being based on a trained classification algorithm, wherein the trained classification algorithm is trained prior to the use of the oral treatment device and without any prior input by the user.
Masculo discloses a method of localization of an oral cleaning device (10) in the same field of endeavor (refer to Paragraph [0006]). The method relies on the determination of the location data being based on a trained classification algorithm (refer to Paragraphs [0051]- [0052]; the classification model estimates the location of the oral cleaning device (10) in the mouth based on sensor data; the parameters of the model are learned from training data), wherein the trained classification algorithm is trained prior to the use of the oral treatment device (10) and without any prior input by the user (refer to Paragraph [0052]; the training data is a set of labeled examples from lab tests). Masculo further teaches the localization algorithm being used in determining whether the identified segment of the user’s mouth has been previously identified during the use of the oral cleaning device (10) (refer to Paragraphs [0042], [0061]; the mouth is divided into six segments, with the localization data indicating which segments of the mouth have been cleaned; the segments of the mouth that have been cleaned are the same segments that have been identified or estimated during the cleaning session) and initiating a response via the controller (30) upon determining that the identified segment has not been previously identified (refer to Paragraphs [0042], [0061]; real-time feedback is provided to the user indicating the segments not adequately cleaned, as these areas have not been identified or “estimated” by the classification algorithm during the cleaning session). As Benetti teaches controlling the oral treatment device (10) to deliver a treatment to an interproximal gap (refer to Paragraph 66), and Masculo teaches initiating a response via the controller upon determining that the identified segment has not been previously identified (refer to Paragraphs [0042], [0061]), the combined methods of Masculo and Benetti teach delivering treatment upon determining that the identified interproximal gap has not been previously identified. The method of Masculo enables accurate localization of oral cleaning (refer to Paragraph [0001]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have combined the determination of the location data as taught by Benetti (refer to Paragraph 66) with the method of using a trained classification algorithm as taught by Masculo (refer to Paragraphs [0051]- [0052]), as this method enables accurate localization of oral cleaning (refer to Paragraph [0001]).
Benetti is also silent to a non-transitory computer-readable medium comprising computer-executable instructions which, when executed by a computerised device, cause the computerised device to perform the method as disclosed above.
Masculo further discloses the method of localization being performed by a computerised device (30) executing computer-executable instructions stored by a non-transitory computer-readable medium (refer to Paragraphs [0015], [0035]; the controller (30) is programmed with software or cord to perform the localization method disclosed). Using a software program allows for operation of the device with an advanced location estimator which uses a trained classification model (refer to Paragraphs [0015], [0052]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have further modified the method as taught by Benetti and Masculo with a computerised device (30) executing computer-executable instructions stored by a non-transitory computer-readable medium as taught by Masculo (refer to Paragraphs [0015], [0035]), as this coding/software program is necessary for using a trained classification model (refer to Paragraphs [0015], [0052]).
Regarding claim 18, Benetti and Masculo disclose the oral treatment device of claim 1 wherein the controller (controller of 56; Benetti) is configured to process the generated image data using a trained classification algorithm to identify interproximal gaps (refer to the rejection from claim 1 above; the determination of the location data which indicates interproximal gaps as taught by Benetti (refer to Paragraph 66) is modified with a trained classification algorithm as taught by Masculo (refer to Paragraphs [0051]- [0052])).
Benetti is silent to the trained classification algorithm being non-linear and located on the oral treatment device.
Masculo further discloses the trained classification algorithm is non-linear (refer to Paragraph [0052]; the classification model is based on decision trees, which are non-linear models) and located on the oral treatment device (10) (refer to Paragraph [0058], Fig. 1; the controller (30) receives sensor data to estimate the location based on the classification model). This allows for complex modeling on the actual device beyond what a linear model is capable of.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have further modified the determination of the location data as taught by Benetti and Masculo with a non-linear trained classification algorithm on the oral care device (10) as taught by Masculo (refer to Paragraphs [0051]- [0052]), to allow for complex, non-linear modeling.
Benetti and Masculo are both silent to wherein the trained classification algorithm is modified upon receiving training data from a remote device.
Nichols discloses a personal care device with a camera (200) in the analogous art of brushes with controlling means (refer to Paragraph [0061], Fig. 1). A trained model is further provided for local execution on the device (200), where the trained model is periodically updated or retrained based on additional images, sensor data and/or other data received. Images or training data are stored on an application programming interface (API) and exchanged with the device (200) via API requests to the remote server (600) (refer to Paragraphs [0064], [0073], Fig. 1). Thus, the training data is received from a remote device (600), enabling further customization via a large volume of images (refer to Paragraphs [0072]-[0073]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the determination of the location data as taught by Benetti and Masculo with the method of updating and retraining the trained classification algorithm via a remote device as taught by Nichols in order to enable further customization via a large volume of images (refer to Paragraphs [0072]-[0073]).
Regarding claim 19, Benetti and Masculo disclose the oral treatment device according to claim 3; Benetti discloses wherein the head (22) comprises at least one of bristles (28) or a nozzle (32) configured to deliver the treatment to the detected interproximal gap based on the location data (refer to Paragraph 51; the nozzle (32) is mounted on the head (22) of the cleaning tool (14) for delivering working fluid to the oral cavity of the user).
Regarding claim 20, Benetti and Masculo disclose the method of claim 16; Benetti discloses wherein the determination of the location data based on the identification of the interproximal gap (refer to Paragraph 56, 66; the amplitude of the received signal is indicative of the location of the interproximal gap, thus identifying the gap via this signal) and a trajectory of the interproximal gap relative to the oral treatment device (10) (refer to Paragraph 66; the signals received from the sensor (66) provide an indication of the cleaning tool (14) moving towards, or away from, an interproximal gap; thus, the trajectory, or movement of the interproximal gap (closer or further away) from the oral treatment device (10) is tracked).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Benetti (GB 2575781 A; refer to the provided translation) in view of Masculo et al. (US 20200069042 A1), as applied to claim 5 above, and further in view of Te Velde et al. (US 20230218377 A1), herein referred to as Te Velde.
Regarding claim 7, Benetti and Masculo disclose the oral treatment device according to claim 5; Benetti discloses wherein the intraoral image sensor equipment (66) comprises a guide channel for guiding light from the aperture to the intraoral image sensor equipment (66) (refer to Paragraph 68; by definition, cameras comprise a lightproof chamber through which the image of an object is projected (Merriam-Webster); the lightproof chamber between the aperture and surface where the image is projected (sensor) acts as the guide channel for guiding light from the aperture); however, neither prior art reference discloses the intraoral image sensor equipment comprising a fiber optic cable for guiding the light from the aperture to the intraoral image sensor equipment.
Te Velde discloses an interdental space detection component (10) in the same field of endeavor, where the light source and sensor are arranged in the body of the oral care device, and transported to and from the tip using optic fiber (refer to Paragraph [0110]), demonstrating that optic fiber is a known means of guiding light from the tip of an oral care device to image sensor equipment located in the body of the device.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the guide channel of Benetti and Masculo with the optic fiber as taught by Te Velde in order to guide the light from the tip of the oral care device to the sensor equipment in the body (refer to Paragraph [0110]).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Benetti (GB 2575781 A; refer to the provided translation) in view of Masculo et al. (US 20200069042 A1), as applied to claim 1 above, and further in view of Edwards et al. (US 20210010800 A1), herein referred to as Edwards.
Regarding claim 8, Benetti and Masculo disclose the oral treatment device according to claim 1; Benetti and Masculo are silent to wherein the controller (controller of 56) is configured to process the generated image data using a sliding window, wherein the location data is determined by detecting the presence of the interproximal gap within the sliding window.
Edwards discloses a method of determining a position of a handheld personal device in the same field of endeavor (refer to Paragraphs [0062], [0063]; the handheld personal device includes oral irrigators). The method includes the determination of the location data being based on a trained classification algorithm wherein the trained classification algorithm is trained prior to the use of the oral treatment device and without any prior input by the user (refer to Paragraphs [0086]-[0087], [0091]; the location estimation algorithm (130) is trained on simulated data or data previously acquired from a large number of subjects). Edwards further discloses wherein a controller (30) is configured to process the generated image data using a sliding window (refer to Paragraph [0073], Fig. 4; the sliding temporal window step (110) is programmed to group and process detector measurements in temporal windows), wherein the location data is determined by detecting the presence of a particular surface of a tooth within the sliding window (refer to Paragraph [0074], Fig. 4; the feature extraction step (120) is programmed to extract the discriminative features (inner, chewing, or outer surface of tooth) from the sensor data in the measurement window). This method allows for creating an algorithm specific to the desired features (refer to Paragraph [0085]).
As Benetti discloses the location data of interest, or discriminative feature, as interproximal gaps (refer to Paragraph 66), it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the processing of the generating image data by the controller (controller of 56) as taught by Benetti and Masculo, to use a sliding window, as taught by Edwards, for creating an algorithm specific to the desired features (refer to Paragraph [0085]).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Benetti (GB 2575781 A) (refer to the provided translation for Benetti) in view of Masculo et al. (US 20200069042 A1), herein referred to as Masculo, as applied to claim 9 above, and further in view of Elbaum et al. (US 6201880 B1), herein referred to as Elbaum.
Regarding claim 10, Benetti and Masculo disclose the oral treatment device according to claim 9; both are silent to wherein the controller is configured to extract the one or more image features using a discrete wavelet transform.
Elbaum discloses a method of acquiring tooth images in the same field of endeavor (refer to col. 2, lines 61-66). The method of acquiring the tooth images further comprises a digital image processing step (120) with wavelet amplitude and phase representations (refer to col. 13, lines 8-14). The use of wavelet amplitude and phase representations includes a discrete wavelet transformation (refer to col. 16, lines 32-36). This method of image segmentation is relatively invariant to the brightness of the illumination source, which is advantageous for teeth and their associated boundaries (refer to col. 16, lines 10-24).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of image feature extraction as taught by Benetti and Masculo with a discrete wavelet transform model as taught by Elbaum in order to provide a method for analyzing images that is invariant to the brightness of the illumination source (refer to col. 16, lines 10-24).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Benetti (GB 2575781 A) (refer to the provided translation for Benetti) in view of Masculo et al. (US 20200069042 A1), herein referred to as Masculo, as applied to claim 9 above, and further in view of Kopelman et al. (US 20180168781 A1), herein referred to as Kopelman.
Regarding claim 11, Benetti and Masculo disclose the oral treatment device according to claim 9; both are silent to wherein the controller is configured to extract the one or more image features using at least one of: an edge detector, a corner detector, or a blob extractor.
Kopelman discloses a method for augmented reality enhancements of dental image data in the same field of endeavor (refer to Paragraph [0042]). This method utilizes a dental arch identifier (166) that performs image processing on the image data (162) using image recognition techniques, wherein the techniques include feature extraction for edges, corners and point blobs (refer to Paragraph [0088]). This process of image extraction allows for feature identification(refer to Paragraph [0090]), a necessary function of Applicant’s device to identify the interproximal gaps.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of image feature extraction as taught by Benetti and Masculo with edge, corner and/or blob detection and extraction as taught by Kopelman for feature identification (refer to Paragraph [0090]).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Benetti (GB 2575781 A) (refer to the provided translation for Benetti) in view of Masculo et al. (US 20200069042 A1), herein referred to as Masculo, as applied to claim 9 above, and further in view of Mednikov et al. (US 20200000552 A1), herein referred to as Mednikov.
Regarding claim 12, Benetti and Masculo disclose the oral treatment device according to claim 1; both are silent to wherein the image data comprises red, green and blue, RGB, image data.
Mednikov discloses a method of depicting patient’s teeth in the same field of endeavor (refer to Paragraph [0008]) wherein the image data comprises red, green and blue, RGB, image data (refer to Paragraph [0296]; the coded model of the patient’s teeth is a red-green-blue color coded image). The RGB image data uses red and blue color channeled to differentiate tooth from gingiva, giving a channel value that identifies the dental anatomy (refer to Paragraphs [0297]-[0298]), a necessary function of Applicant’s device to identify the interproximal gaps.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the image data as taught by Benetti and Masculo with RGB data as taught by Mednikov for identification of dental anatomy (refer to Paragraphs [0297]-[0298]).
Response to Arguments
The outstanding objections of claims 1, 16 and 17 are withdrawn in view of the newly submitted claim amendments.
Applicant's arguments filed 05/20/2026 have been fully considered but they are not persuasive.
In response to the argument that Masculo does not disclose or teach identifying a specific interproximal gap for claims 1, 16 and 17, Examiner points to the above rejection, where the combined teachings of Benetti and Masculo are relied upon for this teaching. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Further, the test for obviousness is not that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Of note - Examiner recommends Applicant review the pertinent art cited below to specifically detail the novelty of the invention in how the identified interproximal gaps are determined as “previously identified” and further, how the treatment of the previously identified interproximal gaps differs from the “not previously identified interproximal gap”, as detailed in pages 22-23 of the specification and Fig. 6.
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Edwards is not relied upon for the rejection of claim 1, and the rejection of claim 7 relies on a combination of Benetti, Masculo, and Te Velde.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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.
Lowet et al. (US 20230397713 A1) discloses systems and methods of determining a location of a brush head within a user's mouth where an algorithm determines quadrant changes during use (refer to Paragraph [0083]).
Rmaile et al. (US 20200146435 A1) discloses a method (800) for adjusting a user's oral care routine by an oral care device (10) based on interproximal spacing with dynamic responses based on the information obtained from the sensor on the interproximal space (refer to Paragraphs [0053]-[0054], [0065]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adriena J Webb Lyttle whose telephone number is (571)270-7639. The examiner can normally be reached Mon - Fri 10:00-7:00 EST.
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/ADRIENA J WEBB LYTTLE/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772
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