DETAILED ACTION
Notice of 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 .
Response to Arguments
Applicants’ arguments filed 06/24/2026 have been fully considered and are persuasive. However, newly found reference Kim (US 2024/0281934) teaches the amended portion of the current amended claims. The 112(f) interpretation stands of claims 15-17 since the phrase “means” does not have to be in the claim language to be interpreted under 112(f) and there is not enough structure in these claims.
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 should not be negated by the way the invention was made.
Claims 1-7, 9-13, and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Duret (US 2016/0220105 A1) in view of Kim (US 2024/0281934).
As per claim 1, Duret teaches, a computer-implemented method for providing merged image data of an object inside an oral cavity of a patient (Duret, fig.3, 4 optical and 2 MRI going into 3 to create a merged image, and as seen fig.4A-F illustrate multiple objects such as crowns of teeth which would represent object inside an oral cavity of a patient, see ¶[0100] “FIGS. 4A-4G illustrate schematic views of the various steps of correlation between the visible and invisible part permitting to create the complemented object based on their common areas, here the crowns of the teeth” The crown of the teeth represent the object inside an oral cavity of a patient. The system is also able to find a cavity as a caries see ¶[0301] “If the practitioner decides to use the diagnosis function, he selects on the computer or orally the desired type of diagnosis, for example melanoma or caries detection” In other words by providing a merge image as in fig.4 A-G with the crowns as the object a computer-implemented method for providing merged image data of an object inside an oral cavity of a patient is then taught as detailed above, and see annotated diagram below of fig.4G), comprising: acquiring optical data of the oral cavity (Duret, fig.3, 4 optical impression holder represents acquiring optical data ¶[0077] “(c) eventually, if he wants accuracy, the modeling he obtains by optical impression with his three-dimensional reading intraoral camera, the three views being totally combined without using the remote screen.” And the results of the oral cavity in fig.4A-F), the acquired optical data comprising surface information of the object (Duret, ¶[0059] “According to a fourth embodiment, the viewing device comprises a camera for taking an optical impression adapted to take an optical impression of an outer surface of an organ arranged in the mouth” And as seen in fig.4A-F there is surface information of the object the crown or caries and this data is optical as discussed above.); acquiring magnetic resonance image data of a volume of the oral cavity comprising the object (Duret, fig.3, 2 “MRI” represents magnetic resonance image and going into 3 central unit to merge and ¶[0183] “These files can be simple electro-optical information or more sophisticated information, such as digital representations in the form of clouds of points or even surface or volume modeling’s.” Represents the volume modeling), the acquired magnetic resonance image data containing soft-tissue information of the object (Duret, ¶[0193] “Like the roots 14 or crowns of the teeth 15, this information will be directed to the hard tissues in radiology or to the soft tissues in MRI, the cone beam being a good compromise between both.” This represents the acquired magnetic resonance image data containing soft-tissue information of the object.); merging the optical data with the magnetic resonance image data to generate merged image data of the object (Fig. 3. Duret, ¶ [0130] “The central unit 3 permits the conversion of the analog/digital data and the management of these data. The advantage of this system is to scan the data proceeding from the cameras located on the glasses, to scan and/or to collect the images proceeding from the peripheral devices (RX, MRI, OCT, ultrasonic devices . . .), then to combine them to obtain one single cloud of dots to form one single object. I” This represents merging the MRI and optical data OTC single object.); and outputting the merged image data (Duret, ¶[0193] “This object (FIG. 4d) will be displayed on the augmented-reality glasses. The dentist thus sees in the mouth of his patient the visible part and the invisible part, which permits him to treat not only the crowns, but also the tooth roots and the osseous structures of the maxilla.” This represents the merged images being displayed.).
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Duret does not clearly teach, wherein the merging of the optical data with the magnetic resonance image data includes a distortion correction of the magnetic resonance image data based on the optical data.
However, Kim teaches, wherein the merging of the optical data with the magnetic resonance image data includes a distortion correction of the magnetic resonance image data based on the optical data (Kim, ¶ [0151] “After the distortion-corrected reference B-Scans are each matched to the OCT Merging Circle, the boundaries of the optic disk, macula, and sclera captured in the MRI and OCT images are compared and aligned.” See ¶[007] “Optical coherence tomography (OCT)” and compared and aligned of the OCT which is the optical data and MRI is magnetic resonance image data based on the optical data).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of Kim with Duret to be able to combine MRI images data with optical data and be based on optical data.
The motivation would have been to be able to match optical data with the MRI image, as taught by Kim in ¶[0021] “matching an OCT cross-sectional image of the eyeball to the optic disk of a low-resolution MRI head image” .
As per claim 2, Duret in view of Kim teaches, the method according to claim 1, Duret further teaches wherein the merging of the optical data with the magnetic resonance image data comprises registering the optical data with the magnetic resonance image data (Durant, fig.4A by having the point cloud and merging the images this is the equivalent to registering the optical data with the MRI data, as both get combined with one another. In other words, the point clouds connecting MRI and optical data is equivalent to registering (wherein registering is recording). Each point cloud is a registration. ¶[0130] “then to combine them in order to obtain one single cloud of dots in order to form one single object.” The dots being a registration to the MRI data).
As per claim 3, Duret in view of Kim teaches, the method according to claim 1, Duret further teaches wherein: the optical data and the magnetic resonance image data each comprise surface information of a section of a gingiva (Duret, ¶[0015] “This image allows him to know the sub-gingival condition of the osseous tissue, but also of the crowns and roots of the teeth.” This represents magnetic resonance image data each comprise surface information of a section of a gingiva since sub-gingival condition of the osseous tissue is being identified.);
and the merging of the optical data with the magnetic resonance image data comprises matching the surface information of the section of the gingiva in the magnetic resonance image data with the surface information of the section of the gingiva in the optical data (Duret, ¶[0077] “ (b) the sub-gingival and osseous view obtained from the radiology, ultrasound, MRI or holographic interferometry (OCT . . . ) devices,” and as seen both type images being merged and used for display in fig.4A-G and ¶[0077] “the supra-gingival surface (teeth and gums . . . )” see annotated diagram below of fig.4B).
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As per claim 4, Duret in view of Kim teaches, the method according to claim 1, Duret further teaches wherein: the optical data and the magnetic resonance image data each comprise surface information of a section of a gum line (Duret, ¶[0123] “, the crowns of the teeth or markers voluntarily placed on their surfaces or on the gum on what the clinician sees in the patient's mouth.” And fig.4B clearly showing gum line); and the merging of the optical data with the magnetic resonance image data comprises matching the section of the gum line in the magnetic resonance image data with the section of the gum line in the optical data (Duret, fig.4E illustrates matching the gum line clearly 15-16 and 18. See ¶ [0130] “The central unit 3 permits the conversion of the analog/digital data and the management of these data. The advantage of this system is to scan the data proceeding from the cameras located on the glasses, to scan and/or to collect the images proceeding from the peripheral devices (RX, MRI, OCT, ultrasonic devices . . .), then to combine them to obtain one single cloud of dots to form one single object. In addition to this combination, advantageously and according to an additional feature of the device according to the invention, the central unit directs the invisible part depending on the orientation of the clinician's eyes, this indication being provided by the cameras, via the reference mark, and/or the additional systems such as the gyroscopes or other devices permitting to know the positioning of an object, here the augmented-reality glasses, in space.”).
As per claim 5, Duret in view of Kim teaches, the method according to claim 1, Duret further teaches wherein: the object is a tooth, the acquiring of magnetic resonance image data of the oral cavity comprises acquiring magnetic resonance image data of a pulp of the tooth (Duret, ¶[0206] “Finally, in the last plane selected in this example (which is non-restrictive) are clearly visible the coronary channel 32, here connected to the nerve and vessels external to the tooth 28, but also the coronal pulp of multi-rooted teeth 33” This represents magnetic resonance image data of a pulp of the tooth );
and the merging of the optical data with the magnetic resonance image data comprises determining a shape of the tooth based on the magnetic resonance image data of the pulp in dependence of a biogeneric model and matching the shape of the of the tooth from the biogeneric model with a shape of the tooth in the optical data (Duret, fig.4D shows a biogeneric model as described to by applicant in the specification “a biogeneric model and matching the surface of the tooth from the biogeneric model with a shape of the tooth in the optical data.” The illustrations match the shape of the tooth surface with one of the optical images which is represented in fig.4A-F. ¶ [0193]).
As per claim 6, Duret in view of Kim teaches, the method according to claim 1, Duret further teaches wherein the merging of the optical data with the magnetic resonance image data comprises: a scaling of the magnetic resonance image data in dependence of the optical data (Duret, ¶[0208] “This permits the clinician to know perfectly whether he must perform corrections.” And ¶[0158] “an algorithm for scaling the 3D reconstructions;” scaling of the magnetic resonance image data in dependence of the optical data, as seen also in fig.4A-G below).
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As per claim 7, Duet in view of Kim teaches, the method according to claim 1, Duret further teaches further comprising: determining information about a filling and/or a metal object inside the oral cavity based on the optical data; and adapting an imaging protocol for acquiring of magnetic resonance image data of the oral cavity based on the information about the filling and/or the metal object (Duret, ¶[0015] This image allows him to know the sub-gingival condition of the osseous tissue, but also of the crowns and roots of the teeth.” A crown would be a metal object or would be able to detect this metal object.).
As per claim 9, Duret in view of Kim teaches, the method according to claim 1, Duret further teaches wherein the acquiring of optical data of the oral cavity comprises acquiring optical image data of an upper and/or a lower dental arch of the patient (Duret, fig.4A-G illustrates lower dental arch of the patient, entire mouth can be viewed. ¶ [0200]).
As per claim 10, Duret in view of Kim teaches, the method according to claim 1, Duret further teaches wherein the merging of the optical data with the magnetic resonance image data comprises: generating a contour information of a tooth and/or a periodontium based on the optical data (Duret, fig.6A-D illustrates a contour information and periodontium. ¶ [0204-0206] see diagram fig.6B below).
and merging the contour information with soft-tissue information in the magnetic resonance image data (Duret, fig.6B illustrates the contour merged with MRI image of the soft tissue. ¶ [0204-0206]).
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As per claim 11, Duret in view of Kim teaches, the method according to claim 1, Duret further teaches wherein the outputting of the merged image data comprising storing the merged image data in a storage unit and/or displaying the merged image data (Duret, ¶[0012] “a remote display screen permitting” therefore displaying the merged image data. Further in ¶ [0121]-Duret discloses the display/capturing system with augmented-reality glasses 1 permits to see the area of therapeutic action in direct viewing, And in ¶ [0148] Duret discloses an additional hardware system for processing, dialogue/viewing with the operator, the assistants and/or the central unit, for transmission and storage of the information, the orders and the data as permitted by the microphone of the display system or another form of communication (wherein the control unit 3 the storage unit). Please also read ¶ [0141]).
As per claim 12, Duret, in view of Kim teaches, the method according to claim 10, Duret further teaches wherein the outputting of the merged image data comprises integrally outputting the contour information and the soft-tissue information (Duret, fig.6B illustrates both the soft tissue and contour information. ¶ [0204-0206).
As per claim 13, Duret in view of Kim teaches, the method according to claim 1, Duret further teaches wherein the merging of the optical data with the magnetic resonance image data comprises assigning image information of the magnetic resonance image data to sections of the optical data (Duret, fig.4A-F the final image would have the MRI image mapped with sections of the optical data. ¶ [0193 and 0234]).
As per claim 15, Duret in view of Kim teaches, a magnetic resonance system (Duret, ¶[0081] “ ultrasound, MRI or holographic interferometry (OCT . . . )” this represents magnetic resonance system), comprising: a magnetic resonance device (Duret, fig.3, MRI would represent MRI device, as it is producing the MRI in the same manner as fig,1 of applicant. ¶ [0081]).
an optical imaging device (Duret, fig.3, 4 optical impression holder an optical imaging device, and taken with a camera in the same manner as applicant in fig.3 shown and ¶[0019] “In an exemplary embodiment, the optical data is acquired from an optical imaging device, such as a camera, a digital camera, an infrared camera, an optical profiler, a 3D scanner, or a combination of such optical imaging devices.” );
and a controller configured (Duret, fig.3, 3 central unit represents controller) to: acquire magnetic resonance image data (Duret, fig.3, MRI 2 to 3 central unit represents acquire magnetic resonance image data. ¶[0100 and 0188]), from the magnetic resonance device, of an object inside an oral cavity of a patient (Duret, fig.3, 4 optical and 2 MRI going into 3 to create a merged image, and as seen fig.4A-F showing multiple objects such as crowns of teeth which would represent object inside an oral cavity of a patient, see ¶[0100] “FIGS. 4A- 4G show schematic views of the various steps of correlation between the visible and invisible part permitting to create the complemented object based on their common areas, here the crowns of the teeth” The crown of the teeth represent the object inside an oral cavity of a patient. The system is also able to find a cavity as a caries see ¶[0301] “If the practitioner decides to use the diagnosis function, he selects on the computer or orally the desired type of diagnosis, for example melanoma or caries detection” In other words by providing a merge image as in fig.4A-F with the crowns as the object a computer-implemented method for providing merged image data of an object inside an oral cavity of a patient is then taught as detailed above.);
acquire optical data from the optical imagining device, of the object inside the oral cavity of the patient (Duret, fig.3, 4 obtaining optical data and the images gathered fig.4A-G See illustrated diagram of annotated cavity area below. ¶ [0193 and 0200]).
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and merge the optical data with the magnetic resonance image data to provide merged image data of the object (Duret, ¶ [0130] “The central unit 3 permits the conversion of the analog/digital data and the management of these data. The advantage of this system is to scan the data proceeding from the cameras located on the glasses, to scan and/or to collect the images proceeding from the peripheral devices (RX, MRI, OCT, ultrasonic devices . . .), then to combine them to obtain one single cloud of dots to form one single object. I” This represents merging the MRI and optical data OTC single object.).
As per claim 16, Duret in view of Kim teaches, the magnetic resonance system according to claim 15, Duret further teaches wherein the controller is configured to: control the magnetic resonance device to acquire the magnetic resonance image data from the object inside the oral cavity of the patient (Duret, fig.3 illustrates peripheral devices #2 (wherein is the magnetic resonance device) connected control unit 3 with a two-way arrow. ¶ [0174]).
and control the optical imaging device to acquire optical data from the object inside the oral cavity of the patient (Duret, fig.3, illustrates a camera #4 (wherein is the optical imaging device) connected control unit 3 with a two-way arrow. ¶ [0186]).
As per claim 17, Duret, in view of Kim teaches, the magnetic resonance system according to claim 15, Duret further teaches comprising: an output interface configured to output the merged image data to a user (Duret, fig.1-2 illustrates the image to both a user and external display. ¶ [0177]).
and a user interface configured to facilitate interaction with a merged image and/or a magnetic resonance image associated with the magnetic resonance image data in dependence of an interaction with an optical image associated with the optical data (Duret, ¶ [0047] “a user of the pair of glasses can see the inside of the mouth, and, on the other hand, a viewing camera adapted for taking an image of what the user sees through the optical glass” and 7 in fig.2 represent user interface.).
As per claim 18, Duret in view of Kim teaches, device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors (Duret, ¶[0030] In the case of a data-processing monitor (video, plasma, LCD or LED). The screen is specific to the application, radiological or display of the optical impression being taken. Sometimes it combines the two methods (Planmeca, Carestream) by displaying in two different windows the video picture from the camera view and the modeled picture resulting from the radiological and/or intraoral digital processing.”), configure the device to:
acquire optical data of an oral cavity of a patient (Duret, fig.3, 4 obtaining optical data and the images gathered fig.4A-G),
the acquired optical data comprising surface information of an object inside the oral cavity (Duret, fig.4G illustrates surface information of an object inside the oral cavity as seen below illustrated in fig.4G).
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acquire magnetic resonance image data of a volume of the oral cavity comprising the object (Duret, fig.3, MRI 2 to 3 central unit represents acquire magnetic resonance image data. ¶ [0188]), the acquired magnetic resonance image data containing soft-tissue information of the object (Duret, ¶ [0193] “Like the roots 14 or crowns of the teeth 15, this information will be directed to the hard tissues in radiology or to the soft tissues in MRI, the cone beam being a good compromise between both.” This represents the acquired magnetic resonance image data containing soft-tissue information of the object and gums below shown as well as soft tissue in fig.4B.).
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merge the optical data with the magnetic resonance image data to generate merged image data of the object (Duret, ¶ [0130] “The central unit 3 permits the conversion of the analog/digital data and the management of these data. The advantage of this system is to scan the data proceeding from the cameras located on the glasses, to scan and/or to collect the images proceeding from the peripheral devices (RX, MRI, OCT, ultrasonic devices.).
and output the merged image data (Duret, fig.1-2 showing the image to both a user and external display. ¶ [0130]).
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 should not be negated by the way the invention was made.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Duret (US 2016/0220105 A1) in view of Kim (US 2024/0281934) and Pesach et al. (US 20220151756 A1).
As per claim 8, Duret, in view of Kim teaches, explicitly teaches the method of claim 1, Duret fails to explicitly teach, wherein the optical data of the oral cavity has a spatial resolution of at least 60 μm.
However, Pesach explicitly teaches wherein the optical data of the oral cavity has a spatial resolution of at least 60 μm (Pesach, ¶[0274] “In some embodiments, imager 106 has a high enough resolution to produce depth mapped images and/or an STL file mapping 3D features of an oral cavity with an error of less than 30 μm and/or less than 100 μm and/or less than 10 μm. Optionally, imager 106 includes a light source. For example, the light source may include a structured light and/or a coherent light.” If the error rate can go up to 100 μm then that means at some point the resolution is at least 60 μm.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of Duret in view of Kim of having a computer-implemented method for providing merged image data of an object inside an oral cavity of a patient also having a standard resolution, with the teachings of Pesach having wherein the optical data of the oral cavity has a spatial resolution of at least 60 μm.
Duret’s computer-implemented method for wherein the optical data of the oral cavity has a spatial resolution of at least 60 μm.
The motivation behind the modification would have been to obtain system for image data of an object inside an oral cavity of a patient that enhances the processing, accuracy and image quality, since both Duret in view of Kim and Pesach relate to the processing of oral cavity images, wherein DURET the essential condition for being able to work safely, quickly, with total comfort and with the accuracy required for this type of intervention, while Pesach using the scanning to generate a 3D reconstruction of an oral surface and identifying on the reconstruction one or more locations with a reduced accuracy and improving the accuracy using the determined positions. Please see DURET (US 20160220105 A1), Paragraph [0028], and Pesach (US 20220151756 A1), Paragraph [0030].
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Duret (US 2016/0220105 A1) in view of Kim (US 2024/0281934) and Wakazome (US 2020/0297187 A1).
As per claim 14, although Duret in view of Kim teaches, explicitly teaches the method of claim 1.
Duret in view of Kim fails to explicitly teach non-transitory computer-readable storage medium with an executable program stored thereon, that when executed, instructs a processor to perform the method.
However, Wakazome explicitly teaches non-transitory computer-readable storage medium with an executable program stored thereon, that when executed, instructs a processor to perform the method (Fig. 9. Paragraph [0101]-Wakazome discloses CPU 132 performs various types of processing (image data generation processing) based on a program stored in memory 109. A processor without including FPGA 134 may be applicable. A computer readable storage medium that stores various programs executed by processor 130 may be distributed as a program product. The storage medium stores a program in a non-transitory manner.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of Duret of having a computer-implemented method for providing merged image data of an object inside an oral cavity of a patient, with the teachings of Wakazome having wherein non-transitory computer-readable storage medium with an executable program stored thereon, that when executed, instructs a processor to perform the method.
Wherein Duret in view of Kim’s computer-implemented method for providing merged image data wherein non-transitory computer-readable storage medium with an executable program stored thereon, that when executed, instructs a processor to perform the method.
The motivation behind the modification would have been to obtain system for image data of an object inside an oral cavity of a patient that enhances the processing, accuracy and image quality, since both Duret in view of Kim and Wakazome relate to the processing of oral cavity images, wherein DURET the essential condition for being able to work safely, quickly, with total comfort and with the accuracy required for this type of intervention, while Wakazome the present embodiment, convenience in processing for checking of a dentition image by the user can be improved. Please see DURET (US 20160220105 A1), Paragraph [0028], and Wakazome (US 20200297187 A1), Paragraph [0047].
Conclusion
Applicants’ amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicants are reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for replying 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 case, 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 SANTIAGO GARCIA whose telephone number is (571)270-5182. The examiner can normally be reached Monday-Friday 9:30am-5:30pm.
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/SANTIAGO GARCIA/Primary Examiner, Art Unit 2673
/SG/
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