DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim(s) 1-22 are rejected under 35 U.S.C. 103.
Response to Arguments
Applicant's arguments filed 11/10/2025 have been fully considered but they are not persuasive.
In regards to the applicant’s arguments that the disclosed prior art systems are “incompatible”, the Examiner respectfully disagrees.
Attention is brought to the fact that all of the prior art references are directed to the analogous art of optical coherence tomography (OCT) systems, wherein fiber-optic and lens based interferometric configurations are utilized to obtain high resolution, three-dimensional images of an object. The reference to Seitz is silent to the disclosed OCT system being used for obtaining “intraoral images”, or wherein the imaged object is specifically a “tooth”. However, the reference to Dillon was relied upon to teach an analogous OCT system being explicitly used for “various applications, including dental imaging applications among other imaging applications” (par. 17). Therefore, it would have been obvious to one of ordinary skill in the art to utilize the OCT system of Seitz to obtain high-resolution, three-dimensional images of a tooth in an intraoral application.
Further, the limitations directed to “acquiring intraoral images of a subject”, may be viewed as merely an “intended use” of the claimed apparatus. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. The prior art structure merely needs to be capable of performing the intended use to meet the claimed limitations. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ F.2d 1647 (1987), MPEP 2144.07.
In regards to the applicant’s arguments that the rejections of claims 5-6 and 20-21 are improper, the Examiner respectfully disagrees.
Attention is brought to the rejection of claim 1, wherein the reference to Seitz is relied upon to disclose the apparatus and method for combining a reflectance image with OCT measured data, including “calibrating the visible light path to the OCT light path”.
Seitz differs from the limitations in that it is silent to a “stereo vision calibration” method to obtain a translation and rotation matrix.
Applicant’s own US Publication 2024/0065552 explicitly discloses that translation and rotation matrices can be “obtained using well-known stereovision calibration methods”.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Seitz to utilize the matrices and calibration methods discussed above for the advantage of “using well-known methods”, with a reasonable expectation of success.
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) 1-10, 12-14 and 16-22 are rejected under 35 U.S.C. 103 as being unpatentable over US Publication 2008/0024767 to Seitz, in view of US Patent 2018/0027159 to Dillon et al.
In regards to claims 1-4, 7-9, 16-19 and 22, Seitz discloses and shows in Figures 3-5, an apparatus and method for acquiring images of a subject comprising:
an OCT imaging apparatus comprising an OCT light source (21, 41), an interferometer having a reference arm (27, 71) and a sample arm (26, 72), and a scanner (33, 50) that conveys OCT light along an OCT light path toward the subject (31, 48) and returned from the subject in the sample arm (par. 21-29, 34-38);
a reflectance imaging apparatus comprising a visible light source to direct visible light along a visible light path toward the subject and an image sensor (57) that forms a reflectance image from returned visible light from the subject (par. 24, 29, 41-45; wherein an additional source may be utilized to illuminate the object and a high resolution photosensor 57 may be utilized to obtain synchronized black-and-white or color images);
at least one processor configured to process and combine the reflectance image to OCT measured data from the interferometer (par. 1-4, 21, 38, 44) at least in part by:
calibrating the visible light path to the OCT light path (par. 29, 41-42, 44, 46; wherein the OCT and complementary imaging system are synchronized to have identical distances and obtain high resolution volumetric images at a known focal plane);
associating the reflectance image and the OCT measured data based at least in part on timing synchronization (par. 29, 41-42, 44, 46; wherein the OCT and complementary imaging system are synchronized to have identical distances and obtain high resolution volumetric images at a known focal plane);
generating a projection image based at least in part on the OCT measured data from the interferometer (par. 24, 29, 44); and
a display that shows the combined reflectance image and the OCT measured data reflecting final color texture (par. 24, 29, 44; wherein volumetric images with additional information such as the local color are obtained);
[claims 2 and 17] wherein the at least one processor is further configured for: registering color texture from the reflectance image to the OCT measured data by projecting a 3D volume generated using OCT measured data to generate a 2D grayscale OCT image (par. 24, 29, 41-42, 44, 46; wherein the OCT and complementary imaging system are synchronized to have identical distances and obtain high resolution volumetric images at a known focal plane with a registered black-and-white image (applicant’s greyscale image) or color image);
[claims 3 and 18] wherein the at least one processor is further configured for: applying a scanner distortion model to correct for OCT distortion to restore correct geometry to surface data of the subject (par. 35-40; wherein compensation plates and optics may be utilized to optimize and correct for any differences in the optical paths of the system);
[claims 4 and 19] wherein registering color texture from the reflectance image to the OCT measured data further comprises interpolating, for a plurality of pixels of the OCT measured data, a final color texture based at least in part on one or more color values of pixels of the reflectance image registered with neighboring pixels (par. 24, 29, 41-42, 44, 46; wherein the OCT and complementary imaging system are synchronized to have identical distances and obtain high resolution volumetric images at a known focal plane with a registered black-and-white image (applicant’s greyscale image) or color image);
[claims 7 and 22] wherein associating the reflectance image and the OCT measured data further comprises registering the reflectance image to the OCT measured data based on operations of the scanner (par. 29, 41-42, 44, 46; wherein the OCT and complementary imaging system are synchronized to have identical distances and obtain high resolution volumetric images at a known focal plane);
[claim 8] wherein the OCT imaging apparatus is a swept-source OCT imaging apparatus or the OCT light source is a wide-bandwidth light source (par. 2, 4);
[claim 9] wherein the scanner determines an optical path to the subject (par. 29, 35, 44-46).
Seitz differs from the limitations in that it is silent to specifically acquiring intraoral images of a tooth.
However, Dillon teaches and shows in Figures 1 and 5, a hand-held intra-oral imaging device that utilizes an OCT subsystem (140) and a surface scanning subsystem (135) to obtain a combined, real-time image of an intra-oral environment (par. 4, 17, 19-21, 33-35).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Seitz to obtain an intraoral image for the advantage of providing a combined image with less noise and artifacts, with a reasonable expectation of success.
In regards to claims 10 and 12-14, Seitz discloses and shows in Figures 3-5, an apparatus and method for acquiring images of a subject comprising:
generating a 3D OCT volume having pixel dimensions LxMxN using an OCT imaging apparatus comprising an OCT light source (21, 41), an interferometer having a reference arm (27, 71) and a sample arm (26, 72), and a scanner (33, 50) that conveys OCT light along an OCT light path toward the subject (31, 48) and returned from the subject in the sample arm (par. 21-29, 34-38) (3D pixel dimensions would be inherent to a 3D image);
generating a 2D color image having pixel dimensions LxM using a reflectance imaging apparatus comprising a visible light source and a color image sensor (par. 24, 29, 41-45; wherein an additional source may be utilized to illuminate the object and a high resolution photosensor 57 may be utilized to obtain synchronized black-and-white or color images) (2D pixel dimensions would be inherent to a 2D image);
combining, using combining optics, the OCT light source and visible light directed toward a 2D arrangement of a plurality of points of an intraoral feature onto a same optical path for projection onto the intraoral feature and that separate the visible light primary components from OCT light for light returning from the intraoral feature to separately obtain OCT measured data and corresponding color reflectance image data in sequence and correlated for the 2D arrangement of the plurality of points of the intraoral feature (par. 29, 41-42, 44, 46; wherein the OCT and complementary imaging system are synchronized to have identical distances and obtain high resolution volumetric images at a known focal plane);
processing and combining returned color reflectance image data and the OCT measured data to overlay the LxMxN OCT volume with the LxM 2D color image to create an overlaid image (par. 29, 41-42, 44, 46; wherein the OCT and complementary imaging system are synchronized to have identical distances and obtain high resolution volumetric images at a known focal plane); and
providing for display of the combined color reflectance image and OCT measured data (par. 24, 29, 44; wherein volumetric images with additional information such as the local color are obtained);
[claim 12] wherein the same optical path includes the scanner (par. 6);
[claim 13] wherein the combining optics comprise a fiber combiner, a beam splitter, or beam splitter prism (par. 4, 34);
[claim 14] further comprising processing and combining the returned color reflectance image data and an OCT surface detected in the OCT measured data (par. 24, 29, 41-42, 44, 46; wherein the OCT and complementary imaging system are synchronized to have identical distances and obtain high resolution volumetric images at a known focal plane with a registered black-and-white image (applicant’s greyscale image) or color image).
Seitz differs from the limitations in that it is silent to specifically acquiring intraoral images of a tooth.
However, Dillon teaches and shows in Figures 1 and 5, a hand-held intra-oral imaging device that utilizes an OCT subsystem (140) and a surface scanning subsystem (135) to obtain a combined, real-time image of an intra-oral environment (par. 4, 17, 19-21, 33-35).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Seitz to obtain an intraoral image for the advantage of providing a combined image with less noise and artifacts, with a reasonable expectation of success.
In regards to claims 5-6 and 20-21, Seitz differs from the limitations in that it is silent to the apparatus and method, [claims 5 and 20] wherein calibrating the visible light path to the OCT light path comprises stereo vision calibration applied to the scanner and the image sensor; and [claim 6 and 21] wherein calibrating the visible light path to the OCT light path further comprises calculating a matrix to translate and rotate a two-dimensional color camera image of the image sensor to a two-dimensional grayscale OCT image.
However, applicant’s own US Publication 2024/0065552 explicitly discloses that translation and rotation matrices can be “obtained using well-known stereovision calibration methods”.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Seitz to utilize the matrices and calibration methods discussed above for the advantage of “using well-known methods”, with a reasonable expectation of success.
Claim(s) 11 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Seitz and Dillon, in further view of US Patent 8,953,911 to Xu et al.
In regards to claims 11 and 15, Seitz and Dillon, differ from the limitations in that they are silent to the method, [claim 11] wherein the combining optics provide laser diode visible light; and [claim 15] wherein the combining optics comprise a wave division multiplexer or a grating.
However, Xu teaches and shows in Figures 3-4, 11A-11B, an OCT and combined color imaging apparatus, wherein the light source may be a visible light laser diode (col. 10, Il. 61 to col. 11, Il. 36; col. 15, Il. 40-44); and wherein a wavelength division demultiplexer or a spectrometer grating may be utilized to separate the light by wavelength (col. 10, Il. 19-53; col. 12, Il. 46-62). Further, laser diodes and WDM devices are well-known to those of ordinary skill in the art.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Seitz and Dillon to utilize a laser diode and a WDM device for the advantage of utilizing well-known optical devices to obtain a desired system configuration, with a reasonable expectation of success.
Conclusion
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 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 examiner should be directed to JONATHAN M HANSEN whose telephone number is (571)270-1736. The examiner can normally be reached Monday to Friday, 8am to 4pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached at 571-270-5789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JONATHAN M. HANSEN
Primary Examiner
Art Unit 2877
/JONATHAN M HANSEN/Primary Examiner, Art Unit 2877