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 .
Claim Rejections - 35 USC § 103
1. 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 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.
2. 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 of this title, 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.
3. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Sabina et al., US 2019/0231492 A1., and further in view of Rhoads et al.US 20140304122 A1.
4. As per claim 1, Sabina discloses: An image processing method comprising:
obtaining a plurality of two-dimensional (2-D) images of an object; (Sabina, [0224], “Typically, when compiling the images (e.g., 2D near-IR images) to build the 3D (e.g., volumetric) model, the 2D images that provided information may be marked to indicate the significance to the 3D model. .”)
generating, from the plurality of 2-D images, a three-dimensional (3-D) model having a plurality of representation modes; (Sabina, [0102], “The intraoral scanner 101 may also include one or more processors, including linked processors or remote processors, for both controlling the wand 103 operation, including coordinating the scanning and in reviewing and processing the scanning and generation of the 3D model including surface and internal features.”, and [0105], “These models may be generated in real time or after scanning. These models may be referred to as 3D volumetric models of the teeth, but may include other regions of the jaw, including the palate, gingiva and teeth. Although the methods and apparatuses described herein typically relate to 3D volumetric models, the techniques and methods described herein may also be used in some instance with 3D surface models.”),
displaying at least two representation modes of the plurality of representation modes of the 3-D model at the same time; (Sabina, [0113], “For example, FIGS. 9A-9G illustrate one example of a method for displaying 3D volumetric data. FIG. 9A shows a surface model (which may be a surface model portion of a volumetric model) from a top view of an upper arch, in which external features are visible (e.g., surface features). This view is similar to the surface scan view which may be in color (e.g., taken by visible light). Internal structures, which are present within the model beneath the external surface of the scan, are not readily visible in FIG. 9A. FIG. 9B, the internal structures are shown based on their relative transparency to near-IR light.”), and
updating one or more representation modes of the at least two representation modes to reflect, in real time, a change in characteristic information of the 3 -D model in response to obtaining at least one additional 2-D image of the object. (Sabina, [0196], “A viewing window 1401, shown as a loop or circle, may be moved over or along the 3D model of the dental arch; as the viewing window is moved, each of two image displays 1405, 1407 are updated with images corresponding to the position (both the region of the dental arch and the angle of the dental arch relative to the plane of the viewing window. ”, and [0199], “Similarly, FIGS. 16A-16C shows an example of a 3D model of a patient's lower arch similar to the view shown in FIG. 14A-14C. In use, as the user scans over and along the dental arch by moving the viewing window (and/or the dental arch relative to the viewing window), the display images may change virtually continuously, so that they may update in real or near-real time. The user may identify features in the near-IR image(s), including densities changes in the region of normally IR-transparent enamel, which may indicate carries, cracks, or wearing in the enamel.”)
5. Sabina doesn’t expressly disclose: reliability mode may visually indicate whether a reliable 3-D model of an object has been obtained.
6. Rhoads discloses: reliability mode may visually indicate whether a reliable 3-D model of an object has been obtained. (Roads, [0053], “In a third mode, the physical scene is again disregarded, and the screen presents a rendering of a 3D model of the object…)
7. Rhoads is analogous art with respect to Sabina because they are from the same field of endeavor, namely image processing. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to include the process of that reliability mode may visually indicate whether a reliable 3-D model of an object has been obtained, as taught by Rhoads into the teaching of Sabina. The suggestion for doing so would sendi responsive information (e.g., 3D model data) to the user. Therefore, it would have been obvious to combine Rhoads with Sabina.
8. As per claim 2, Sabina in view of Rhoads discloses: The image processing method of claim 1, wherein generating the 3-D model comprises: obtaining the characteristic information from the plurality of 2-D images; (Sabina, [0226] “Any of the records, including the near-IR 2D images, may be used/scanned to identify the potential actionable dental features.”) and generating the 3 -D model having the characteristic information.”, and [0224], “Typically, when compiling the images (e.g., 2D near-IR images) to build the 3D (e.g., volumetric) model, the 2D images that provided information may be marked to indicate the significance to the 3D model. .”)
9. As per claim 3, Sabina in view of Rhoads discloses: The image processing method of claim 1, wherein the characteristic information comprises reliability and object representation information.(Sabina, [0204], “In some variations the data structure may be integrated into the originating record (or a copy thereof) and may modify the image(s) of the originating record, e.g., by include a flag or marker at the location of the identified potential actionable dental features and/or any meta text such as the grade and/or degree, etc. The grade and/or degree may refer to the confidence level or score for the potential actionable dental feature, including the confidence level or score that the identified potential actionable dental features is likely ‘real’.”)
10. As per claim 4, Sabina in view of Rhoads discloses: The image processing method of claim 3, wherein the reliability comprises at least one of a density of the 2-D images or scan angles at which the 2-D images have been scanned. (Sabina, [0026], “mapping the near-IR transparency of the internal structures in the 2D view to a pseudo-X-ray density in which the near-IR transparency values are inverted in value;”)
11. As per claim 5, Sabina in view of Rhoads discloses: The image processing method of claim 1, wherein the at least two representation modes include: a texture mode representing object representation information. (Sabina, [0175], “Any of the intraoral scanners described herein may include fluorescence information from which information about plaque and calculus may be used, and incorporated into a 3D model of the patient's teeth. For example, plaque and/or calculus may be visually displayed as a color and/or texture on the 3D model of the patient's teeth.”)
12. As per claim 6, Sabina in view of Rhoads discloses: The image processing method of claim 5, wherein the change in the characteristic information includes a change in reliability of the 3-D model based on an updated density of the 2-D images due to the at least one additional 2-D image, and updating the one or more representation modes includes changing reliability indication means in the reliability mode. (Sabina, [0196], “A viewing window 1401, shown as a loop or circle, may be moved over or along the 3D model of the dental arch; as the viewing window is moved, each of two image displays 1405, 1407 are updated with images corresponding to the position (both the region of the dental arch and the angle of the dental arch relative to the plane of the viewing window. ”, and [0199], “Similarly, FIGS. 16A-16C shows an example of a 3D model of a patient's lower arch similar to the view shown in FIG. 14A-14C. In use, as the user scans over and along the dental arch by moving the viewing window (and/or the dental arch relative to the viewing window), the display images may change virtually continuously, so that they may update in real or near-real time. The user may identify features in the near-IR image(s), including densities changes in the region of normally IR-transparent enamel, which may indicate carries, cracks, or wearing in the enamel.”)
13. As per claim 7, Sabina discloses: in view of Rhoads The image processing method of claim 5, wherein reliability indication means in the reliability mode includes at least one of a color, a pattern, or transparency. (Sabina, [0108], “The results may be shown by images with enclosing contours for different segments, a 3D density map, etc. In the example shown in FIG. 3 a density map 1715, representing the dentin beneath the enamel on the outer surface, is shown. This image may be color coded to show different segments.”)
14. As per claim 8, Sabina in view of Rhoads discloses: The image processing method of claim 5, wherein the texture mode is displayed to be overlaid with the reliability mode. [0157], “Any of the intraoral scanners described herein may include fluorescence information from which information about plaque and calculus may be used, and incorporated into a 3D model of the patient's teeth. For example, plaque and/or calculus may be visually displayed as a color and/or texture on the 3D model of the patient's teeth.”, and [0160],” The use of an intra-oral scanner to detect plaque and/or calculus may provide quantitative information and digital modeling.”)
15. As per claim 9, Sabina in view of Rhoads discloses: The image processing method of claim 5, wherein the change in the characteristic information includes an increase in reliability of the 3-D model, and updating the one or more representation modes includes at least one of: decreasing a ratio of a reliability indication degree of reliability indication means in the reliability mode; increasing transparency of the reliability indication means in the reliability mode; increasing a reliability indication level in the reliability mode; or decreasing a ratio of a texture indication degree of texture indication means in the texture mode. (Sabina, [0122], “The weighted portion of the surface values may include a percentage of the full value of the surface values, and the weighted portion of the near-IR transparency of the internal structures comprises a percentage of the full value of the near-IR transparency of the internal structures, wherein the percentage of the full value of the surface values and the percentage of the full value of the near-IR transparency of the internal structures adds up to 100%.”, and [0026], “ receiving the 3D volumetric model of the patient's dental arch, wherein the 3D volumetric model includes near-infrared (near-IR) transparency values for internal structures within the dental arch; generating a two-dimensional (2D) view through the 3D volumetric including the patient's dental arch including the near-IR transparency of the internal structures; mapping the near-IR transparency of the internal structures in the 2D view to a pseudo-X-ray density in which the near-IR transparency values are inverted in value; and displaying the mapped pseudo-X-ray density. Generating the 2D view may comprise sectioning the 3D volume”)
16. As per claim 10, Sabina in view of Rhoads discloses: The image processing method of claim 5, wherein reliability of the 3-D model is updated only up to a predetermined threshold in response to obtaining the at least one additional 2-D image of the object. (Sabina, [0057], “Determining a confidence score for the dental feature based on the identified regions corresponding to the dental feature in the one or more different records; and displaying the dental feature when the confidence score for the dental feature is above a threshold.”)
17. As per claim 11, Sabina in view of Rhoads discloses: The image processing method of claim 5, wherein a portion of reliability of the 3-D model corresponds to a pixel of the plurality of the 2-D images or a voxel of the 3-D model. (Sabina, [0107], “The method may also include projecting pixels from the inner teeth images back to the teeth and calculating a density map of inner teeth reflection coefficient.”)
18. As per claim 12, Sabina in view of Rhoads discloses: The image processing method of claim 1, wherein a portion of the characteristic information corresponds to a pixel of the plurality of 2-D images or a voxel of the 3-D model. (Sabina, [0109],” A segment may mark each pixel on the image. Internal structures, such as dentin, enamel, cracks, lesions, etc. may be automatically determined by segmentation, and may be identified manually or automatically (e.g., based on machine learning of the 3D structure, etc.). Segments may be displayed separately or together (e.g., in different colors, densities, etc.) with or without the surface model (e.g., the 3D surface model).”)
19. As per claim 13, Sabina in view of Rhoads discloses: The image processing method of claim 5, wherein reliability of the 3-D model is determined based on a density of the plurality of 2-D images, (Sabina, [0027], “mapping the near-IR transparency of the internal structures in the 2D view to a pseudo-X-ray density in which the pseudo-X-ray density values in the 2D view are based on the near-IR transparency values that are inverted in value; and displaying the mapped pseudo-X-ray density.”, and the density of the plurality of 2-D images comprises a first sub-density for a first scan angle range and a second sub-density for a second scan angle range. (Sabina, [0106], “During scanning, a plurality of penetrative scans 1703, 1703′ may be taken, and the position of the sensor (e.g., camera) 1705, 1705′ (e.g., x,y,z position and/or pitch, roll, yaw angles) may be determined and/or recorded for each penetrative image”, and [0199], “In use, as the user scans over and along the dental arch by moving the viewing window (and/or the dental arch relative to the viewing window), the display images may change virtually continuously, so that they may update in real or near-real time. The user may identify features in the near-IR image(s), including densities changes in the region of normally IR-transparent enamel, which may indicate carries, cracks, or wearing in the enamel.”)
20. As per claim 14, Sabina in view of Rhoads discloses: The image processing method of claim 13, further comprising: in response to determining that the first sub-density is less than a threshold, displaying an indication of requesting additional scanning at the first scan angle range. (Sabina, [0106], “During scanning, a plurality of penetrative scans 1703, 1703′ may be taken, and the position of the sensor (e.g., camera) 1705, 1705′ (e.g., x,y,z position and/or pitch, roll, yaw angles) may be determined and/or recorded for each penetrative image”, and [0199], “In use, as the user scans over and along the dental arch by moving the viewing window (and/or the dental arch relative to the viewing window), the display images may change virtually continuously, so that they may update in real or near-real time. The user may identify features in the near-IR image(s), including densities changes in the region of normally IR-transparent enamel, which may indicate carries, cracks, or wearing in the enamel.”)
21. Claims 15-20, which are similar in scope respectively to claims 1, 3, 5, 6, 12, and 13, are thus rejected under the same rationale.
Response to Arguments
22. Applicant’s arguments with respect to claims 1-20 filed 09/02/2025 have been considered but are moot because Applicant submitted new amended claims. Accordingly, new grounds of rejection are set forth above. The new grounds of rejection conclusion have been necessitated by Applicant's amendments to the claims.
Conclusion
23. Applicants amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. 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 extension fee 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 examiner should be directed to ABDERRAHIM MEROUAN whose telephone number is (571)270-5254. The examiner can normally be reached on Monday to Friday 7:30 AM to 5:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kent Chang can be reached on 571-272-7667. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABDERRAHIM MEROUAN/Primary Examiner, Art Unit 2614
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