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
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.
Claims 1-8, and 11-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Festa et al. (U.S. Patent Publication No. 20200082596), hereinafter as Festa, in view of Park et al. (KR 20220157245 A), hereinafter as Park.
Regarding claim 1, Festa discloses a method for grain mapping of a surface of a component, comprising the steps of: constructing a model comprising a three-dimensional scanned model of the component (“generating a 3-dimensional (3D) model of an object at least in part by analyzing a first plurality of images of the object captured using a first scanning device” Festa, Abstract); scanning the component with RGB light to obtain an RGB light scan ( Festa paragraph [0065]).
While Festa fails to teach the possible usage of visible RGB light in addition to the usage of structured light, Park teaches the usage of both visible RGB light outside the spectrum of ultraviolet, and structured light to scan a 3D object (“In order to scan the inside of the oral cavity, the projector unit irradiates structured light. In addition, illumination light is used to obtain a color image. In general, a projector unit uses rgb, that is, red light, green light, and blue light, and in particular, emits leds corresponding to each of the rgb for illumination light” Park, paragraph [0017]).
Festa and Park are both considered to be analogous to the claimed invention because they are both in the same field of scanning a 3D object. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Festa to incorporate the teachings of Park and provide a 3D scanning process by utilizing structured light in addition to all types of RGB light to illuminate a color image of the object (Park paragraph [0017]). Doing so would allow the application of the RGB light scan to the three-dimensional scanned model of the component to produce a combined three-dimensional model of the component with an RGB light scan overlay on the three-dimensional model (Festa Abstract; Park paragraphs [0003] and [0017]).
Festa continues to teach the application of the RGB light scan to the three-dimensional scanned model of the component to produce a combined three-dimensional model of the component with an RGB light scan overlay on the three-dimensional model (“applying the texture model to a 3-dimensional (3D) model of an object to generate a textured 3D model of the object” Festa Claim 1); and analyzing the combined three-dimensional model of the component with the RGB light scan overlay on the three-dimensional model to identify grain boundaries in the component (“analyzing the shadows in each of the plurality of images created by the varying lighting conditions to identify small surface features (e.g., texture)” Festa paragraph [0062]).
Regarding Claim 2, where Festa fails to teach the usage of structured lighting, Park discloses the method of claim 1, wherein the constructing step comprises scanning the component with structured light to produce the three-dimensional scanned model (“for 3D modeling, an optical image needs to be acquired through an oral scanner, and a patterned light or a structural light is irradiated onto a surface of a tooth or the like to photograph the image with an optical camera to acquire an optical image” Park, paragraph [0003]; “In the oral scanner, in order to examine the pattern light of the structured light, projector is used” Park paragraph [0005]; “In order to scan the inside of the oral cavity, the projector unit irradiates structured light” Park paragraph [0017]).
Since Festa and Park are both from the same field of endeavor, it would have been obvious to an artisan before the effective filing date of this application to incorporate the known techniques of Festa in order to use a scanning device to scan a 3D object utilizing multiple light sources (“in order to scan the inside of the oral cavity, the projector unit irradiates structured light. In addition, illumination light is used to obtain a color image. In general, a projector unit uses RGB” Park paragraph [0017]; “the lighting system may comprise a plurality of light sources such as light emitting diodes, fluorescent lamps, and/or incandescent bulbs. The light from one or more light sources of the plurality of light sources may be diffused using, for example, a diffusive element disposed between the one or more light sources and the object. The plurality of light sources may be configured to emit the same type of light or different types of light” Festa paragraph [0065]).
Regarding claim 3, Festa further discloses the method of claim 1, wherein the constructing step and the scanning step are conducted simultaneously (“the acts performed as part of each process may be ordered in any suitable way. Thus, embodiments may be constructed in which acts are performed in an order different than illustrated, which may include performing some acts simultaneously, even though shown as sequential acts in illustrative embodiments” Festa paragraph [0116]).
Regarding claim 4, Festa further discloses the method of claim 1, wherein the scanning step comprises scanning the component with RGB light from an RGB light source and capturing RGB light reflected from the component with a camera (“one or more of the imaging sensors 114A-114C may be digital single-lens reflex (DSLR) cameras or digital single lens translucent (DSLT) cameras” Festa Fig. 1, elements 114A-114C, described in paragraph [0074]).
Regarding claim 5, Festa continues to teach the method of claim 4, further comprising moving at least one of the component, the RGB source and the camera during the scanning (“the system comprises a rotation device configured to receive an object and rotate the object about at least one axis” Festa paragraph [0027], “the lighting system may comprise, for example, a plurality of light sources each disposed at different positions above the material and configured to emit light to illuminate the material” Festa Paragraphs [0070], [0008], “ The imaging system 102 may be configured to capture a plurality of images of the object 110 from multiple perspectives using imaging sensors 114A-114C. The imaging sensors 114A-114C may, for example, all be located in a common plane that is perpendicular to a top surface of the rotation device 106 and aimed at the object” Festa paragraph [00874], Fig. 1).
Regarding claim 6, Festa further discloses the method of claim 5, wherein the analyzing step comprises comparing different views of the combined three-dimensional model of the component with the RGB light scan overlay on the three-dimensional model (“at least one computing device may, in turn, employ the plurality of captured images from multiple perspectives to generate a 3D model of the object” Festa paragraph [0066]); “the scanning system may generate a 3D model of the object 110 by, for example, capturing a plurality of images of the object 110 from multiple perspectives and analyzing the plurality of captured images using photogrammetry techniques to generate the 3D model” Festa paragraph [0073]; Fig. 1), wherein a change in color and/or contrast in the different views indicates a grain boundary (“each of the plurality of images may be captured under different, non-uniform lighting conditions (e.g., illuminated with light sources from different directions) to create shadows in the image. In this example, the shadows may be analyzed to identify the texture of the material” Festa paragraph [0107]).
Regarding claim 7, Festa further discloses the method of claim 6, wherein the change in color and/or contrast represents a first region that is darker than a second region in a first view and wherein the second region is darker than the first region in a second view, and identifying a contrast boundary between the first region and the second region (“the differing lighting conditions may cause different shadows to form in each of the plurality of images. The different shadows may be employed to, for example, identify the texture of the material” Festa paragraph [0082].
Regarding claim 8, Festa continues to teach the method of claim 6, further comprising mapping region boundaries on the three-dimensional model and outputting an image, a report or combinations thereof (“the plurality of captured images of the material under different lighting conditions may be employed to generate a texture model of a texture of the material. The texture model may be generated by, for example, analyzing shadows in the captured images caused by the different lighting conditions that are, for example, indicative of a structure of surface features on the material” Festa paragraph [0071]; “the scanning system 200 may generate a texture model of a texture of the material 222 by, for example, capturing a plurality of images of the material 222 under different lighting conditions and analyzing the plurality of captured images to generate the texture model” Festa paragraph [0082]; “The computer may, in turn, analyze the plurality of captured images to generate a texture model of a texture of the material” Festa paragraph [0088]; “In act 508, the scanning system may generate a texture model using the captured image(s). The scanning system may generate the texture model using the captured image(s) in any of a plurality of ways. For example, each of the plurality of images may be captured under different, non-uniform lighting conditions (e.g., illuminated with light sources from different directions) to create shadows in the image. In this example, the shadows may be analyzed to identify the texture of the material” Festa paragraph [0107]; Fig. 5).
Regarding claim 11, claim 11 is a system claim corresponding to the method claim 1. The combination of Festa and Park further discloses a support, a source, RGB source, and camera and a controller. Festa specifically teaches a system for grain mapping of a surface of a component, comprising: a support for holding the component (“the rotation device 106 may comprise a platform onto which the object 110 may be placed” Festa paragraph [0075]); a source for directing structured light at the component on the support; an RGB source for directing RGB light at the component on the support (“a lighting system 104 may illuminate the object 110 using a plurality of light sources 116A and 116B” Festa paragraph [0073]; “the light source 116A may be configured to emit light with a different spectrum than the light source 116B. For example, light source 116A may be configured to emit white light (e.g., light having a wavelength between 450 nm and 650 nm) while the light source 116B may be configured to emit ultraviolet light (e.g., light having a wavelength between 315 nm and 400 nm)” Festa paragraph [0077]; Fig. 1); a camera for capturing images reflected from the component on the support (“imaging system 102 captures images of the object 110” Festa Paragraph [0073]; Fig. 1); and a control (Festa Fig. 1, element 108) operatively associated with the support (Festa Fig 1., element 106), the source, the RGB source (Festa Fig. 1, elements 116A and 116B) and the camera (Festa Fig. 1, element 102 imaging source; “The computing device 108 may be configured to communicate with and control the imaging system 102, the lighting system 104, and/or the rotation device 106”, Festa paragraph [0078]),
Regarding claim 12, claim 12 is a system claim corresponding to the method claim 5, thus rejected for the same rationale as set forth above. The combination of Festa and Park further discloses a conveyance connected with at least one of the supports, the source, the RGB source, and the camera, and wherein the control is operatively associated with the conveyance and configured to control the conveyance (“A computing device 108 may be communicatively coupled to the rotation device 106, the lighting system 104, and/or imaging system 102 to, for example, control their operation” Festa paragraph [0073]; Fig. 1; “The computing device 108 may be configured to communicate with and control the imaging system 102, the lighting system 104, and/or the rotation device 106. For example, the computing device 108 may send signals and/or receive signals from the imaging system 102, the lighting system 104, and/or the rotation device 106.” Festa paragraph [0078]).
Regarding claim 13, Fest further discloses the system of claim 12, wherein the source and the RGB source are a single light source (“the light source 210 may be advantageously configured to emit colored light (e.g., red light, blue light, green light, etc.)” Festa paragraph [0086]).
Regarding claim 14, Park further teaches the system of claim 12, wherein the control is configured such that the constructing comprises scanning the component with structured light from the source of structured light (“3D scanner according to one embodiment of the present invention comprises: a projector unit emitting structured light to an object to be scanned” Park, abstract), receiving reflected images of structured light at the camera, and producing the three-dimensional model from the reflected images (“the irradiated light is reflected from the inside of the oral cavity, that is, the object to be scanned, and may be received by the camera unit 80 in the reverse order to generate an image” Park paragraph [0138], “the optical image is transmitted to the pc, and 3d modeling is performed on the pc” Park paragraph [0004]).
Since Festa and Park are both from the same field of endeavor, it would have been obvious to an artisan before the effective filing date of this application to incorporate the known techniques of Festa in order to use a scanning device to scan a 3D object utilizing multiple light sources (“in order to scan the inside of the oral cavity, the projector unit irradiates structured light. In addition, illumination light is used to obtain a color image. In general, a projector unit uses RGB” Park paragraph [0017]; “the lighting system may comprise a plurality of light sources such as light emitting diodes, fluorescent lamps, and/or incandescent bulbs. The light from one or more light sources of the plurality of light sources may be diffused using, for example, a diffusive element disposed between the one or more light sources and the object. The plurality of light sources may be configured to emit the same type of light or different types of light” Festa paragraph [0065]).
Regarding claim 15, claim 15 is a system claim corresponding to the method claim 3, thus rejected for the same rationale as set forth above.
Regarding claim 16, claim 16 is a system claim corresponding to the method claim 6, thus rejected for the same rationale as set forth above.
Regarding claim 17, claim 17 is a system claim corresponding to the method claim 7, thus rejected for the same rationale as set forth above. Festa further teaches a system wherein the control is configured to carry out the comparing step of the two images (“the computing device may, then, analyze the plurality of captured images using various techniques, such as photogrammetry techniques, to construct a 3D model” Festa paragraphs [0090], [0079]).
Regarding claim 18, Festa further discloses the system of claim 17, wherein the control is configured to carry out the comparing by identifying color and/or contrast change in different views of the model and mapping the color and/or contrast change to location of boundaries in the model (“the computing device may apply the texture model to the 3D model using, for example, a UV map that assigns portions of a texture model (e.g., pixels in a texture model) to faces on the 3D model. The UV map may, for example, be generated in act 302 simultaneously with the 3D model. In these embodiments, the computing device may identify one or more surfaces of the 3D model which to apply a texture model and apply the texture model to the identified one or more surfaces of the 3D model using the UV map” Festa paragraph [0092]).
Regarding claim 19, claim 19 is a system claim corresponding to the method claim 8, thus rejected for the same rationale as set forth above. Festa further teaches a system wherein the control is carrying out the said method “the computer may, in turn, analyze the plurality of captured images to generate a texture model of a texture of the material 222” Festa, paragraph [0088] the control in this case is the computer, since both are used to control the same functions of the system).
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Festa et al. (U.S. Patent Publication No. 20200082596), hereinafter as Festa, in view of Park et al. (KR 20220157245 A), hereinafter as Park, in view of Hack et al.(U.S. Patent 5874066 A), hereinafter as Hack.
Regarding claim 9, where Festa and Park both fail to teach the method of etching surfaces using acid, Hack discloses the method of claim 1, further comprising, before the constructing step, etching a surface of the component with an acid (“Accordingly, in one embodiment, the present invention provides benefits over currently used acidic treatments which have a greater tendency to etch the tooth surface” Hack paragraph [42]).
As Festa in paragraphs 0020, 0049, 0061 and 0069 discloses the surface of component can include “material such as wood, metal, fabric, leather, glass, ceramic, plastic, etc.”, and Hack teaches using acid on a surface of a 3D object, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Festa to incorporate the teachings of Hack to provide a method of etching a surface of a component with an acid (“the present invention provides benefits over currently used acidic treatments which have a greater tendency to etch the tooth surface” Hack paragraph [42)].
Festa, Park, and Hack are considered to be analogous to the claimed invention because they are all in the same field of analyzing surfaces of 3D components. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Festa and Park to incorporate the teachings of Hack to provide a method of etching a surface of a component with an acid (“the present invention provides benefits over currently used acidic treatments which have a greater tendency to etch the tooth surface” Hack paragraph [42)]. Furthermore, applying a known technique to a known device, method, or product ready for improvement to yield predictable results would have obvious within a person of ordinary skill in the art.
Regarding claim 10, Hack further discloses the method of claim 9, wherein the etching step comprises etching with an etchant containing ferric acid (“ ii. a 3.0% (w/v) solution of potassium, sodium, ammonium, aluminum or ferric acid oxalate (monohydrogen oxalate) (pH 2-7)” Hack paragraph [49]), and then anodic etching in an etchant containing phosphoric acid (“etched for 30 sec with 37% (v/v) phosphoric acid,” Hack paragraph [4]); “The results of the SEM analysis for dentin either left with the 600 grit smear layer (Sample A), or etched with 37% (v/v) phosphoric acid” Hack paragraph [10]).
Since Festa, Park, and Hack are all from the same field of endeavor, it would have been obvious to an artisan before the effective filing date of this application to incorporate the known technique of Hack in order to provide a method of etching a surface of a component with an acid. Specifically, ferric and phosphoric acids are widely used to etch metal surfaces. Ferric acid is known to be safer to handle while highly effective on a wide range of metals, and cost-effective. Phosphoric acid is known to etch a metal surface without scratching, gouging, or damaging the underlying healthy metal surface. Furthermore, applying a known technique to a known device, method, or product ready for improvement to yield predictable results would have obvious within a person of ordinary skill in the art.
Conclusion
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SARAH Y. LEE
Examiner
Art Unit 2619
/JASON CHAN/ Supervisory Patent Examiner, Art Unit 2619