DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/29/2026 has been entered.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of claims:
Claims 1-20 are pending
Claims 1 and 13 are amended
Claims 2, 12, and 14 are canceled
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, 11, 13, and 20 is/are rejected under 35 U.S.C. 103 as being anticipated by Lee et al. (US20190073825) in view of Qian et al. (CN 112862974) and Suttin et al. (US 20150173870).
Regarding claim 1.
Lee teaches:
An image processing method comprising:
obtaining three-dimensional (3D) scan data by scanning an object including a hole (Lee [0006] A 3D sensor coupled to a computing device captures one or more 3D scans of a physical object, including related pose information of the physical object, and one or more HD images corresponding to each 3D scan.);
obtaining data corresponding to the hole region, based on the scan data (Lee [0025] As shown in FIG. 2, the module 106 detects (204) missing geometry sections (e.g., holes) in the 3D point cloud, and uses the captured HD images and pose information to segment out (206) the missing geometry sections to the HD images.);
and displaying a final model representing a filled shape of the hole, based on the scan data and the data corresponding to the hole region (Lee [0025] Once the module 106 is finished, the module 106 generates (218) a final 3D model with the holes from the initial 3D model filled in—resulting in a more robust and accurate 3D model).
Lee fails to teach:
wherein the 3D scan data includes data obtained by scanning an inner region of the hole (Qian [Abstract] The invention claims a tooth surface model generating and thickness measuring method based on oral scanning point cloud, comprising the following steps: 1) the surgical dentition scanning model of the patient oral cavity,);
deleting data for the inner region of the hole from the scan data (Qian [Abstract] filling the hole of the reconstructed model surface;);
from which the data for inner region of the hole has been deleted with (Qian [Abstract] reconstructing the increment part of the tooth; filling the hole of the reconstructed model surface; obtaining the veneering three-dimensional model with smooth surface;)
wherein the object includes an abutment including a screw hole (Suttin [0042] FIG. 11 illustrates a scanning device that scans a stone model of a mouth of a patient for use in creating a virtual three-dimensional model; [Figure 11]: Shows a scan of the abutment. [0076] It should also be understood that the size of the maximum body diameter of the healing abutment relative to the diameter of the screw hole is also useful for identifying a specific healing abutment through the scanning process. For example, it is possible to use the same code on two different sized healing abutments, because the relative diametric sizes of the two different healing abutments can identify the healing abutment even when the same code is used.).
Qian teaches:
wherein the 3D scan data includes data obtained by scanning an inner region of the hole (re1 [Abstract] The invention claims a tooth surface model generating and thickness measuring method based on oral scanning point cloud, comprising the following steps: 1) the surgical dentition scanning model of the patient oral cavity,);
deleting data for the inner region of the hole from the scan data (Qian [Abstract] filling the hole of the reconstructed model surface;);
from which the data for inner region of the hole has been deleted with (Qian [Abstract] reconstructing the increment part of the tooth; filling the hole of the reconstructed model surface; obtaining the veneering three-dimensional model with smooth surface;)
Suttin teaches:
wherein the object includes an abutment including a screw hole (Suttin [0042] FIG. 11 illustrates a scanning device that scans a stone model of a mouth of a patient for use in creating a virtual three-dimensional model; [Figure 11]: Shows a scan of the abutment. [0076] It should also be understood that the size of the maximum body diameter of the healing abutment relative to the diameter of the screw hole is also useful for identifying a specific healing abutment through the scanning process. For example, it is possible to use the same code on two different sized healing abutments, because the relative diametric sizes of the two different healing abutments can identify the healing abutment even when the same code is used.).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to combine the teachings of Lee with Qian and Suttin. Filling a hole data and making a reconstructed model without the hole (which can have a screw hole), as in Qian, would benefit the Lee teachings by allowing for removing the data that is not beneficial. Additionally, this is the application of a known technique, filling a hole data and making a reconstructed model without the hole, to yield predictable results.
Regarding claim 11.
Lee, Qian, and Suttin teach:
The image processing method of claim 1,
wherein the displaying of the final model comprises displaying a hole-filled region to be distinguished from the other region (Lee [0006] The computing device merges the initial 3D model and the generated 3D point cloud structures to generate a final 3D model with the one or more missing sections filled in.).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to combine the teachings of Lee with Qian. Filling a hole data and making a reconstructed model without the hole, as in Qian, would benefit the Lee teachings by allowing for removing the data that is not beneficial. Additionally, this is the application of a known technique, filling a hole data and making a reconstructed model without the hole, to yield predictable results.
Regarding claim 13.
Lee teaches:
An image processing apparatus comprising: a display (Lee [0043] To provide for interaction with a user, the above described techniques can be implemented on a computer in communication with a display device, e.g., a CRT (cathode ray tube), plasma, or LCD (liquid crystal display) monitor, for displaying information to the user and a keyboard and a pointing device, e.g., a mouse, a trackball, a touchpad, or a motion sensor, by which the user can provide input to the computer (e.g., interact with a user interface element).);
a memory storing one or more instructions (Lee [0042] Generally, a processor receives instructions and data from a read-only memory or a random access memory or both.);
and a processor (Lee [0042] Processors suitable for the execution of a computer program include, by way of example, special purpose microprocessors.),
wherein the processor is configured to execute the one or more instructions stored in the memory to: obtain three-dimensional (3D) scan data by scanning an object including a hole (Lee [0006] A 3D sensor coupled to a computing device captures one or more 3D scans of a physical object, including related pose information of the physical object, and one or more HD images corresponding to each 3D scan.);
obtain data corresponding to the hole region, based on the scan data (Lee [0025] As shown in FIG. 2, the module 106 detects (204) missing geometry sections (e.g., holes) in the 3D point cloud, and uses the captured HD images and pose information to segment out (206) the missing geometry sections to the HD images.);
and control the display to display a final model representing a filled shape of the hole, based on the scan data and the data corresponding to the hole region (Lee [0025] Once the module 106 is finished, the module 106 generates (218) a final 3D model with the holes from the initial 3D model filled in—resulting in a more robust and accurate 3D model).
Lee fails to teach:
wherein the 3D scan data includes data obtained by scanning an inner region of the hole (re1 [Abstract] The invention claims a tooth surface model generating and thickness measuring method based on oral scanning point cloud, comprising the following steps: 1) the surgical dentition scanning model of the patient oral cavity,);
deleting data for the inner region of the hole from the scan data (Qian [Abstract] filling the hole of the reconstructed model surface;);
from which the data for inner region of the hole has been deleted with (Qian [Abstract] reconstructing the increment part of the tooth; filling the hole of the reconstructed model surface; obtaining the veneering three-dimensional model with smooth surface;)
Suttin teaches:
wherein the object includes an abutment including a screw hole (Suttin [0042] FIG. 11 illustrates a scanning device that scans a stone model of a mouth of a patient for use in creating a virtual three-dimensional model; [Figure 11]: Shows a scan of the abutment. [0076] It should also be understood that the size of the maximum body diameter of the healing abutment relative to the diameter of the screw hole is also useful for identifying a specific healing abutment through the scanning process. For example, it is possible to use the same code on two different sized healing abutments, because the relative diametric sizes of the two different healing abutments can identify the healing abutment even when the same code is used.).
Qian teaches:
wherein the 3D scan data includes data obtained by scanning an inner region of the hole (re1 [Abstract] The invention claims a tooth surface model generating and thickness measuring method based on oral scanning point cloud, comprising the following steps: 1) the surgical dentition scanning model of the patient oral cavity,);
deleting data for the inner region of the hole from the scan data (Qian [Abstract] filling the hole of the reconstructed model surface;);
from which the data for inner region of the hole has been deleted with (Qian [Abstract] reconstructing the increment part of the tooth; filling the hole of the reconstructed model surface; obtaining the veneering three-dimensional model with smooth surface;)
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to combine the teachings of Lee with Qian and Suttin. Filling a hole data and making a reconstructed model without the hole (which can have a screw hole), as in Qian, would benefit the Lee teachings by allowing for removing the data that is not beneficial. Additionally, this is the application of a known technique, filling a hole data and making a reconstructed model without the hole, to yield predictable results.
Regarding claim 20.
Lee, Qian, and Suttin teach:
The image processing apparatus of claim 13,
wherein the processor is further configured to execute the one or more instructions stored in the memory to control the display to display the hole-filled region to be distinguished from the other region (Lee [0006] The computing device merges the initial 3D model and the generated 3D point cloud structures to generate a final 3D model with the one or more missing sections filled in.).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to combine the teachings of Lee with Qian. Filling a hole data and making a reconstructed model without the hole, as in Qian, would benefit the Lee teachings by allowing for removing the data that is not beneficial. Additionally, this is the application of a known technique, filling a hole data and making a reconstructed model without the hole, to yield predictable results.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US20190073825) in view of Qian et al. (CN 112862974), Suttin et al. (US 20150173870) and Taubin et al. (US20190043254).
Regarding claim 3.
Lee, Qian, and Suttin teaches:
The image processing method of claim 1,
wherein the obtaining of the data corresponding to the hole region, based on the scan data, comprises: obtaining a 3D model surrounding the scan data (Lee [0003] 3D scanners (e.g., RGB+depth sensors) are used increasingly to generate digital 3D models of objects for animation, virtual reality, and e-commerce applications. In one example, computing devices track the pose of the RBG+depth sensor and then combine multiple point clouds derived from the depth map to generate the 3D model.);
Lee, Qian, and Suttin fails to teach:
obtaining mesh data corresponding to a surface of the object, based on the 3D model and the scan data (Taubin [0054] Even though large areas of missing data points and holes are filled because the output mesh is watertight (except for its intersection with boundaries of the bounding box), the algorithm not always fills holes in an intuitive manner, as can be observed in the figures.);
and obtaining the data corresponding to the hole region from the mesh data (Taubin [0009] In particular, the invention provides sampling a boundary surface of the object to obtain a data set.).
Taubin teaches:
obtaining mesh data corresponding to a surface of the object, based on the 3D model and the scan data (Taubin [0054] Even though large areas of missing data points and holes are filled because the output mesh is watertight (except for its intersection with boundaries of the bounding box), the algorithm not always fills holes in an intuitive manner, as can be observed in the figures.);
and obtaining the data corresponding to the hole region from the mesh data (Taubin [0009] In particular, the invention provides sampling a boundary surface of the object to obtain a data set.).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to combine the teachings of Lee, Qian, and Suttin with Taubin. Using mesh data, as in Taubin, would benefit the Lee, Qian, and Suttin teachings by allowing for mesh data to represent the hole. Additionally, this is the application of a known technique, having mesh data for a hole, to yield predictable results.
Regarding claim 4.
Lee, Qian, Suttin, and Taubin teach:
The image processing method of claim 3,
wherein the 3D model includes a 3D convex hull for the scan data (Taubin [0034] Referring to FIG. 1, the results of the method for reconstructing a surface of the object are illustrated, herein explained further: A: A 2D oriented point cloud; B: A supporting linear half space for one of the oriented points; C: The oriented convex hull (OCH) of the point cloud;).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to combine the teachings of Lee, Qian, and Suttin with Taubin. Using mesh data, as in Taubin, would benefit the Lee, Qian, and Suttin teachings by allowing for mesh data to represent the hole. Additionally, this is the application of a known technique, having mesh data for a hole, to yield predictable results.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US20190073825) in view of Qian et al. (CN 112862974), Suttin et al. (US 20150173870), Taubin et al. (US20190043254) and Szabo et al. (WO 2020119842).
Regarding claim 5.
Lee, Qian, Suttin, and Taubin teach:
The image processing method of claim 3,
wherein the obtaining of the mesh data corresponding to the surface of the object, based on the 3D model and the scan data, comprises: obtaining first mesh data, based on the 3D model (Taubin [0003] The invention further comprises approximating the zero level set of the non-convex hull signed distance function by a polygonal mesh using an isosurface algorithm to provide surface reconstruction of an object.) ;
Lee, Qian, re1, fand Taubin fail to teach:
and obtaining second mesh data, based on the first mesh data and the scan data, wherein a density of second meshes included in the second mesh data is greater than a density of first meshes included in the first mesh data (Szabo [Pg 5 Par 2] a transformation module for transforming the control polygon model into a first refined polygon model with a second density of the polygon mesh, wherein the second density is higher than the first density and for transforming the control polygon model into a second refined polygon model with a third density of the mesh, the third density being equal to or higher than the second density; g) an image output module for outputting image data of an overlay of the model with the one or more images of the head of the person, based on the first refined polygon model;).
Szabo teaches:
and obtaining second mesh data, based on the first mesh data and the scan data, wherein a density of second meshes included in the second mesh data is greater than a density of first meshes included in the first mesh data (Szabo [Pg 5 Par 2] a transformation module for transforming the control polygon model into a first refined polygon model with a second density of the polygon mesh, wherein the second density is higher than the first density and for transforming the control polygon model into a second refined polygon model with a third density of the mesh, the third density being equal to or higher than the second density; g) an image output module for outputting image data of an overlay of the model with the one or more images of the head of the person, based on the first refined polygon model;).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to combine the teachings of Lee, Qian, Suttin and Taubin with Szabo. Comparing density, as in Szabo, would benefit the Lee, Qian, Suttin and Taubin teachings by allowing for a way to compare the different mesh data. Additionally, this is the application of a known technique, comparing density data, to yield predictable results.
Allowable Subject Matter
Claim 6-10 and 15-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 6/29/2026 have been fully considered but they are not persuasive.
Applicant alleges:
“Qian relates to generating a veneer model by reconstructing an incremental portion of a tooth and performing hole filling on holes generated during the surface reconstruction process. The holes addressed in Qian are merely mesh defects or empty regions produced during mesh reconstruction and do not correspond to actual physical holes existing in the scanned object.
Likewise, Lee also addresses missing geometry generated during the scanning process rather than a physical hole originally formed in the object being scanned.
In contrast, claim 1, and similarly independent claim 13, recite (emphasis added): "wherein the object includes an abutment including a screw hole." As such, the claimed invention is directed to scanning an object that inherently includes a physical screw hole, such as a dental abutment. The scan data therefore includes data acquired from the inner region of the physical screw hole. The invention removes the scan data corresponding to the inner region of the screw hole and synthesizes the remaining scan data with data corresponding to the hole region to generate a final model representing a filled screw hole. This enables subsequent crown design without distortion caused by the screw hole.”
However, the Examiner replies - In the art a hole is also used to describe areas of a model that are not fully modeled. Therefore, the filling of a hole can be interpreted as filling in these holes in a 3d model, therefore given the broadest reasonable interpretation a hole can be referred to anything that is missing data or empty.
Suttin has been added to further clarify "wherein the object includes an abutment including a screw hole."
Suttin references: “[0042] FIG. 11 illustrates a scanning device that scans a stone model of a mouth of a patient for use in creating a virtual three-dimensional model; [Figure 11]: Shows a scan of the abutment. [0076] It should also be understood that the size of the maximum body diameter of the healing abutment relative to the diameter of the screw hole is also useful for identifying a specific healing abutment through the scanning process. For example, it is possible to use the same code on two different sized healing abutments, because the relative diametric sizes of the two different healing abutments can identify the healing abutment even when the same code is used.”
The figure itself shows that in the art 3d scans that can have an abutment including a screw hole are common, especially in dentistry in general.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DENIS VASILIY MINKO whose telephone number is (571)270-5226. The examiner can normally be reached Monday-Thursday 8:30-6:00 EST.
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/DENIS VASILIY MINKO/Examiner, Art Unit 2612
/Said Broome/Supervisory Patent Examiner, Art Unit 2612
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