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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-22 are rejected under 35 U.S.C. 103 as being unpatentable over REYNARD et al (US 20220122264 A1) in view of JOUNG et al (KR 101181977) and JELLINGGAARD et al (US 20210264600).
As per claim 1, Reynard teaches the claimed “electronic device” comprising: “a communication circuit communicatively connected to a three-dimensional scanner” (Reynard, [0035] An imaging device 16, typically a hand-held digital camera, a color depth camera, handheld 3D scanner, or intra-oral 3D scanner, is scanned through the mouth of patient 12 for acquiring a set having multiple reflectance images and associated depth information. A control logic processor 80, configurable to execute programmed instructions, is in signal communication with imaging device 16 and a display 84. Processor 80 obtains image data from imaging device 16 and processes this image data along with depth information in order to generate individual 3D views 92. Control logic processor 80 then combines the scanned 3D views in order to generate, store, and optionally render, on display 84, a composite 3D model surface 94); “an input device; a display; and at least one processor” (Reynard, [0035] - The schematic diagram of FIG. 1 shows a surface contour imaging apparatus 90 that can be used for obtaining 3D content for model generation from a succession of reflectance images according to an embodiment of the present disclosure. An imaging device 16, typically a hand-held digital camera, a color depth camera, handheld 3D scanner, or intra-oral 3D scanner, is scanned through the mouth of patient 12 for acquiring a set having multiple reflectance images and associated depth information. A control logic processor 80, configurable to execute programmed instructions, is in signal communication with imaging device 16 and a display 84. Processor 80 obtains image data from imaging device 16 and processes this image data along with depth information in order to generate individual 3D views 92), wherein the at least one processor is configured to: “generate a three-dimensional image of a shape of an oral cavity, based on an image acquired from the three-dimensional scanner via the communication circuit” (Reynard, Abstract - A method for segmenting a 3D model image of a patient's dentition obtains a first 3D model image of the patient dentition; [0040] - Image processing at control logic processor 80 can generate a 3D contour surface model using line scan data from structured light imaging, or using point cloud or mesh data or CBCT volume image data. By way of example, FIGS. 3 and 4 show a point cloud or mesh 150 generated from a succession of structured light images. Further processing of the point cloud content can be used to generate a mesh as an alternative contour surface model); “display, on the display, a screen comprising a first region in which at least the three- dimensional image is displayed” (Reynard, [0040] - FIGS. 3 and 4 show a point cloud or mesh 150 generated from a succession of structured light images). Reynard does not explicitly teach, but Jeung teaches “receive a user input for selectively recording a predetermined region of the screen; and generate a video image by recording a region of the screen corresponding to the user input in response to the user input, and wherein the recorded region comprises a portion of the first region” (Jeung, page 6, 2nd column, 4th paragraph - it can set up in order to start recording of video images in the event triggered in which the invention is set up. With respect to the present invention, the event can be generated among the real test using the hotkey (hot key). In the user is the option setting screen, the event can be chosen in order to set up among multiple events lists; page 7, 4th paragraph - In step S104, the measuring instrument moves to step S106 when a video recording start event occurs. That is, the user can command the video recording when a specific event occurs or immediately by operating the instrument; page 8, 2nd paragraph - the moving (i.e., video) picture in which it records the measuring instrument on video tape is stored on a real time basis or if the completion of the recording of moving images is required, the moving picture stored in the temporary memory can be stored) (see also Jellinggaard teaching a user input (e.g., the use of a 2D image) for selectively recording a predetermined region of the screen, [0001] - This invention generally relates to a method, a device, and a system for correlating at least one additional 2D-image to a 3D-representation of at least a part of a tooth. More specifically, the invention relates to correlating the at least one additional 2D-image within the 3D-representation, wherein said 2D-image is recorded in a second recording mode that differs from a first recording mode being used to form the 3D-representation. Even more specifically, the invention relates to hand-held devices such as 3D-scanners used in dental healthcare; [0047] - all the teeth in a mouth may be scanned in the first recording mode. Hereafter, all the teeth may be 2D-imaged in the second recording mode, for example by acquiring a single 2D-image for each of the teeth… all the teeth may be scanned and imaged in a process where each tooth is firstly partly scanned using the first recording mode, secondly 2D-imaged using the second recording mode, and thirdly partly scanned again using the first recording mode. Each tooth may then be scanned and 2D-imaged in a process where the recording mode is alternating between the first and the second recording mode, for example as described above, or in many steps, such that the above process is repeated several times, thereby recording more than a single 2D-image in the second recording mode for each tooth). Thus, it would have been obvious, in view of Jeong and Jellinggaard, to configure Reynard’s method as claimed by generate a video image by recording a region of the screen corresponding to the user selectively input. The motivation is to improve the efficiency of scanning process which provide the video of a user’s selection on a selected part of the scanned data.
Claim 2 adds into claim 1 “wherein the at least one processor is configured to display the screen further comprising a second region in which the image acquired from the three-dimensional scanner is displayed, and a third region in which an interface for controlling the three-dimensional image is displayed” which would have been obvious based on Jeong’s arrangement of displayed regions for representing images from the scanned data (Jeung, page 8, 8th and 9th paragraphs - This fig. 3 records on video tape the only area corresponding to the result and progress among the full screen of the measuring instrument including the measuring environment, the setting, the progress, and the result, and the item including the progress, the menu etc. Of course, according to the setting of the user, it records the domain different besides the domain corresponding to the result and progress on video tape or it can record the additional domain including the domain corresponding to the result and progress on video tape. Figure 4 shows one example providing the current screen recording on video tape for the user using the predetermined portion of the display unit. That is, the full screen which records on video tape as mentioned in fig. 2 is reduced and it provides for the user using the predetermined portion of the display unit. Therefore, the information about the current screen recording on video tape is acquired since the user receives the target screen). Thus, it would have been obvious, in view of Jeong and Jellinggaard, to configure Reynard’s method as claimed by displaying the screen as different regions for representing the scanned data. The motivation is to enhance the visual representation of scanning process which provide the video of a user’s selection on a selected part of the scanned data.
Claim 3 adds into claim 2 “wherein the at least one processor is configured to generate the video image by recording a region comprising the first region without including the second region and the third region in case that the user input instructs selective recording of the first region” which is obvious as the recorded region is decided by the user’s setting (Jeung, page 6, 2nd column, 4th paragraph - it can set up in order to start recording of video images in the event triggered in which the invention is set up. With respect to the present invention, the event can be generated among the real test using the hotkey (hot key). In the user is the option setting screen, the event can be chosen in order to set up among multiple events lists; page 7, 4th paragraph - In step S104, the measuring instrument moves to step S106 when a video recording start event occurs. That is, the user can command the video recording when a specific event occurs or immediately by operating the instrument; page 8, 8th and 9th paragraphs - This fig. 3 records on video tape the only area corresponding to the result and progress among the full screen of the measuring instrument including the measuring environment, the setting, the progress, and the result, and the item including the progress, the menu etc. Of course, according to the setting of the user, it records the domain different besides the domain corresponding to the result and progress on video tape or it can record the additional domain including the domain corresponding to the result and progress on video tape. Figure 4 shows one example providing the current screen recording on video tape for the user using the predetermined portion of the display unit. That is, the full screen which records on video tape as mentioned in fig. 2 is reduced and it provides for the user using the predetermined portion of the display unit. Therefore, the information about the current screen recording on video tape is acquired since the user receives the target screen). Thus, it would have been obvious, in view of Jeong and Jellinggaard, to configure Reynard’s method as claimed by displaying the screen as different regions for representing the scanned data. The motivation is to enhance the visual representation of scanning process which provide the video of a user’s selection on a selected part of the scanned data.
Claim 4 adds into claim 2 “wherein the at least one processor is configured to generate the video image by recording a region comprising the first region and the second region without including the third region in case that the user input instructs selective recording of the first region and the second region” which is obvious as the recorded region is decided by the user’s setting (Jeung, page 6, 2nd column, 4th paragraph - it can set up in order to start recording of video images in the event triggered in which the invention is set up. With respect to the present invention, the event can be generated among the real test using the hotkey (hot key). In the user is the option setting screen, the event can be chosen in order to set up among multiple events lists; page 7, 4th paragraph - In step S104, the measuring instrument moves to step S106 when a video recording start event occurs. That is, the user can command the video recording when a specific event occurs or immediately by operating the instrument; page 8, 8th and 9th paragraphs - This fig. 3 records on video tape the only area corresponding to the result and progress among the full screen of the measuring instrument including the measuring environment, the setting, the progress, and the result, and the item including the progress, the menu etc. Of course, according to the setting of the user, it records the domain different besides the domain corresponding to the result and progress on video tape or it can record the additional domain including the domain corresponding to the result and progress on video tape. Figure 4 shows one example providing the current screen recording on video tape for the user using the predetermined portion of the display unit. That is, the full screen which records on video tape as mentioned in fig. 2 is reduced and it provides for the user using the predetermined portion of the display unit. Therefore, the information about the current screen recording on video tape is acquired since the user receives the target screen). Thus, it would have been obvious, in view of Jeong and Jellinggaard, to configure Reynard’s method as claimed by displaying the screen as different regions for representing the scanned data. The motivation is to enhance the visual representation of scanning process which provide the video of a user’s selection on a selected part of the scanned data.
Claim 5 adds into claim 2 “wherein the at least one processor is configured to generate the video image by recording an entire region of the screen, which comprises the first region, the second region, and the third region, in case that the user input instructs full-screen recording” which is obvious as the recorded region is decided by the user’s setting (Jeung, page 6, 2nd column, 4th paragraph - it can set up in order to start recording of video images in the event triggered in which the invention is set up. With respect to the present invention, the event can be generated among the real test using the hotkey (hot key). In the user is the option setting screen, the event can be chosen in order to set up among multiple events lists; page 7, 4th paragraph - In step S104, the measuring instrument moves to step S106 when a video recording start event occurs. That is, the user can command the video recording when a specific event occurs or immediately by operating the instrument; page 8, 8th and 9th paragraphs - This fig. 3 records on video tape the only area corresponding to the result and progress among the full screen of the measuring instrument including the measuring environment, the setting, the progress, and the result, and the item including the progress, the menu etc. Of course, according to the setting of the user, it records the domain different besides the domain corresponding to the result and progress on video tape or it can record the additional domain including the domain corresponding to the result and progress on video tape. Figure 4 shows one example providing the current screen recording on video tape for the user using the predetermined portion of the display unit. That is, the full screen which records on video tape as mentioned in fig. 2 is reduced and it provides for the user using the predetermined portion of the display unit. Therefore, the information about the current screen recording on video tape is acquired since the user receives the target screen). Thus, it would have been obvious, in view of Jeong and Jellinggaard, to configure Reynard’s method as claimed by displaying the screen as different regions for representing the scanned data. The motivation is to enhance the visual representation of scanning process which provide the video of a user’s selection on a selected part of the scanned data.
Claim 6 adds into claim 2 “wherein the third region comprises a user interface for modifying and editing the three-dimensional image” (Jeung, page 8, column 2, 7th paragraph - As shown in Figure 2, the measuring instrument screen includes the measuring environment, setting, situation of progress, result and progress, and the item including the menu etc and as to the screen, recording on videotape the full screen of the measuring instrument corresponds to).
Claim 7 adds into claim 1 “wherein the user input is received via the input device of the electronic device” (Reynard, [0026] - An "operator instruction" or "viewer instruction" is obtained from explicit commands entered by the viewer, such as by clicking a button on a scanner or by using a computer mouse or by touch screen or keyboard entry).
Claim 8 adds into claim 1 “wherein the user input is received from the three-dimensional scanner via the communication circuit of the electronic device” (Reynard, [0035] - An imaging device 16, typically a handheld digital camera, a color depth camera, handheld 3D scanner, or intra-oral 3D scanner, is scanned through the mouth of patient 12 for acquiring a set having multiple reflectance images and associated depth information).
Claim 9 adds into claim 8 “wherein the user input is a gesture detected by a sensor module of the three-dimensional scanner” which would have been obvious (official notice) in view of Reynard’s user/operator/viewer input (e.g., Reynard, [0026] - An "operator instruction" or "viewer instruction" is obtained from explicit commands entered by the viewer, such as by clicking a button on a scanner or by using a computer mouse or by touch screen or keyboard entry) because the “input by gesture” is well known for using physical movements like swiping, pinching, or waving to control devices, offering intuitive, often hands-free interaction via touchscreens, cameras, or motion sensors, crucial for mobile, gaming, VR, and accessibility (e.g., sign language recognition), enabling natural communication with digital systems beyond keyboards or mice.
Claims 10-18 and 19 claim a method and a non-transitory computer-readable recording medium recording commands based on the device of claims 1-9; therefore, they are rejected under a similar rationale.
As per claim 20, Reynard teaches the claimed “system for three-dimensional scanning,” comprising: “a three-dimensional scanner comprising an input device and configured to scan a shape of an oral cavity” (Reynard, Abstract - A method for segmenting a 3D model image of a patient's dentition obtains a first 3D model image of the patient dentition; [0040] - Image processing at control logic processor 80 can generate a 3D contour surface model using line scan data from structured light imaging, or using point cloud or mesh data or CBCT volume image data. By way of example, FIGS. 3 and 4 show a point cloud or mesh 150 generated from a succession of structured light images. Further processing of the point cloud content can be used to generate a mesh as an alternative contour surface model); and “an electronic device communicably coupled to the three-dimensional scanner” (Reynard, [0035] - An imaging device 16, typically a handheld digital camera, a color depth camera, handheld 3D scanner, or intra-oral 3D scanner, is scanned through the mouth of patient 12 for acquiring a set having multiple reflectance images and associated depth information), wherein the electronic device comprises: “a communication circuit communicatively connected to the three-dimensional scanner; an input device; a display; and at least one processor” (Reynard, [0035] - The schematic diagram of FIG. 1 shows a surface contour imaging apparatus 90 that can be used for obtaining 3D content for model generation from a succession of reflectance images according to an embodiment of the present disclosure. An imaging device 16, typically a hand-held digital camera, a color depth camera, handheld 3D scanner, or intra-oral 3D scanner, is scanned through the mouth of patient 12 for acquiring a set having multiple reflectance images and associated depth information. A control logic processor 80, configurable to execute programmed instructions, is in signal communication with imaging device 16 and a display 84. Processor 80 obtains image data from imaging device 16 and processes this image data along with depth information in order to generate individual 3D views 92), wherein the at least one processor is configured to: “generate a three-dimensional image of the shape of the oral cavity based on an image acquired from the three-dimensional scanner via the communication circuit” (Reynard, Abstract - A method for segmenting a 3D model image of a patient's dentition obtains a first 3D model image of the patient dentition; [0040] - Image processing at control logic processor 80 can generate a 3D contour surface model using line scan data from structured light imaging, or using point cloud or mesh data or CBCT volume image data. By way of example, FIGS. 3 and 4 show a point cloud or mesh 150 generated from a succession of structured light images. Further processing of the point cloud content can be used to generate a mesh as an alternative contour surface model); “display, on the display, a screen comprising a first region in which at least the three- dimensional image is displayed” (Reynard, [0040] - FIGS. 3 and 4 show a point cloud or mesh 150 generated from a succession of structured light images). Reynard does not explicitly teach, but Jeung teaches “receive a user input for selectively recording a predetermined region of the screen; and generate a video image by recording a region of the screen corresponding to the user input in response to the user input, and wherein the recorded region comprises a portion of the first region” (Jeung, page 6, 2nd column, 4th paragraph - it can set up in order to start recording of video images in the event triggered in which the invention is set up. With respect to the present invention, the event can be generated among the real test using the hotkey (hot key). In the user is the option setting screen, the event can be chosen in order to set up among multiple events lists; page 7, 4th paragraph - In step S104, the measuring instrument moves to step S106 when a video recording start event occurs. That is, the user can command the video recording when a specific event occurs or immediately by operating the instrument; page 8, 2nd paragraph - the moving (i.e., video) picture in which it records the measuring instrument on video tape is stored on a real time basis or if the completion of the recording of moving images is required, the moving picture stored in the temporary memory can be stored) (see also Jellinggaard teaching a user input (e.g., the use of a 2D image) for selectively recording a predetermined region of the screen, [0001] - This invention generally relates to a method, a device, and a system for correlating at least one additional 2D-image to a 3D-representation of at least a part of a tooth. More specifically, the invention relates to correlating the at least one additional 2D-image within the 3D-representation, wherein said 2D-image is recorded in a second recording mode that differs from a first recording mode being used to form the 3D-representation. Even more specifically, the invention relates to hand-held devices such as 3D-scanners used in dental healthcare; [0047] - all the teeth in a mouth may be scanned in the first recording mode. Hereafter, all the teeth may be 2D-imaged in the second recording mode, for example by acquiring a single 2D-image for each of the teeth… all the teeth may be scanned and imaged in a process where each tooth is firstly partly scanned using the first recording mode, secondly 2D-imaged using the second recording mode, and thirdly partly scanned again using the first recording mode. Each tooth may then be scanned and 2D-imaged in a process where the recording mode is alternating between the first and the second recording mode, for example as described above, or in many steps, such that the above process is repeated several times, thereby recording more than a single 2D-image in the second recording mode for each tooth). Thus, it would have been obvious, in view of Jeong and Jellinggaard, to configure Reynard’s method as claimed by generate a video image by recording a region of the screen corresponding to the user selectively input. The motivation is to improve the efficiency of scanning process which provide the video of a user’s selection on a selected part of the scanned data.
Claim 21 adds into claim 20 “wherein the three-dimensional scanner is configured to receive a start input via the input device of the three-dimensional scanner” (Jeung, page 6, 2nd column, 4th paragraph - it can set up in order to start recording of video images in the event triggered in which the invention is set up. With respect to the present invention, the event can be generated among the real test using the hotkey (hot key). In the user is the option setting screen, the event can be chosen in order to set up among multiple events lists; page 7, 4th paragraph - In step S104, the measuring instrument moves to step S106 when a video recording start event occurs. That is, the user can command the video recording when a specific event occurs or immediately by operating the instrument; page 8, 2nd paragraph - the moving (i.e., video) picture in which it records the measuring instrument on video tape is stored on a real time basis or if the completion of the recording of moving images is required, the moving picture stored in the temporary memory can be stored) (see also Jellinggaard teaching a user input (e.g., the use of a 2D image) for selectively recording a predetermined region of the screen, [0001] - This invention generally relates to a method, a device, and a system for correlating at least one additional 2D-image to a 3D-representation of at least a part of a tooth. More specifically, the invention relates to correlating the at least one additional 2D-image within the 3D-representation, wherein said 2D-image is recorded in a second recording mode that differs from a first recording mode being used to form the 3D-representation. Even more specifically, the invention relates to hand-held devices such as 3D-scanners used in dental healthcare; [0047] - all the teeth in a mouth may be scanned in the first recording mode. Hereafter, all the teeth may be 2D-imaged in the second recording mode, for example by acquiring a single 2D-image for each of the teeth… all the teeth may be scanned and imaged in a process where each tooth is firstly partly scanned using the first recording mode, secondly 2D-imaged using the second recording mode, and thirdly partly scanned again using the first recording mode. Each tooth may then be scanned and 2D-imaged in a process where the recording mode is alternating between the first and the second recording mode, for example as described above, or in many steps, such that the above process is repeated several times, thereby recording more than a single 2D-image in the second recording mode for each tooth), and “wherein the electronic device starts recording of a region corresponding to the user input in response to the start input received from the three-dimensional scanner via the communication circuit” (Jeung, page 8, 8th and 9th paragraphs - This fig. 3 records on video tape the only area corresponding to the result and progress among the full screen of the measuring instrument including the measuring environment, the setting, the progress, and the result, and the item including the progress, the menu etc. Of course, according to the setting of the user, it records the domain different besides the domain corresponding to the result and progress on video tape or it can record the additional domain including the domain corresponding to the result and progress on video tape. Figure 4 shows one example providing the current screen recording on video tape for the user using the predetermined portion of the display unit. That is, the full screen which records on video tape as mentioned in fig. 2 is reduced and it provides for the user using the predetermined portion of the display unit. Therefore, the information about the current screen recording on video tape is acquired since the user receives the target screen). Thus, it would have been obvious, in view of Jeong and Jellinggaard, to configure Reynard’s method as claimed by displaying the screen as different regions for representing the scanned data. The motivation is to enhance the visual representation of scanning process which provide the video of a user’s selection on a selected part of the scanned data.
Claim 22 adds into claim 20 “wherein the electronic device is configured to: detect a tooth in a two-dimensional image of the shape of the oral cavity received from the three-dimensional scanner” (Jellinggaard teaching a user input (e.g., the use of a 2D image) for selectively recording a predetermined region of the screen, [0001] - This invention generally relates to a method, a device, and a system for correlating at least one additional 2D-image to a 3D-representation of at least a part of a tooth. More specifically, the invention relates to correlating the at least one additional 2D-image within the 3D-representation, wherein said 2D-image is recorded in a second recording mode that differs from a first recording mode being used to form the 3D-representation. Even more specifically, the invention relates to hand-held devices such as 3D-scanners used in dental healthcare; [0047] - all the teeth in a mouth may be scanned in the first recording mode. Hereafter, all the teeth may be 2D-imaged in the second recording mode, for example by acquiring a single 2D-image for each of the teeth… all the teeth may be scanned and imaged in a process where each tooth is firstly partly scanned using the first recording mode, secondly 2D-imaged using the second recording mode, and thirdly partly scanned again using the first recording mode. Each tooth may then be scanned and 2D-imaged in a process where the recording mode is alternating between the first and the second recording mode, for example as described above, or in many steps, such that the above process is repeated several times, thereby recording more than a single 2D-image in the second recording mode for each tooth); and “start recording a region corresponding to the user input in response to detecting the tooth” (Jeung, page 8, 8th and 9th paragraphs - This fig. 3 records on video tape the only area corresponding to the result and progress among the full screen of the measuring instrument including the measuring environment, the setting, the progress, and the result, and the item including the progress, the menu etc. Of course, according to the setting of the user, it records the domain different besides the domain corresponding to the result and progress on video tape or it can record the additional domain including the domain corresponding to the result and progress on video tape. Figure 4 shows one example providing the current screen recording on video tape for the user using the predetermined portion of the display unit. That is, the full screen which records on video tape as mentioned in fig. 2 is reduced and it provides for the user using the predetermined portion of the display unit. Therefore, the information about the current screen recording on video tape is acquired since the user receives the target screen). Thus, it would have been obvious, in view of Jeong and Jellinggaard, to configure Reynard’s method as claimed by displaying the screen as different regions for representing the scanned data. The motivation is to enhance the visual representation of scanning process which provide the video of a user’s selection on a selected part of the scanned data.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHU K NGUYEN whose telephone number is (571)272-7645. The examiner can normally be reached M-F 8-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel F. Hajnik can be reached at (571) 272-7642. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHU K NGUYEN/Primary Examiner, Art Unit 2616