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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. KR10-2022-0039905, filed on March 30, 2022.
Information Disclosure Statement
The information disclosure statements (IDS(s)) submitted on 09/27/2024 and 05/15/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because Claim 20 claims a computer-readable recording medium.
The broadest reasonable interpretation of a claim drawn to a computer-readable recording medium typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer-readable recording medium. See MPEP 2111.01. When the broadest reasonable interpretation of a claim covers a signal per se, the claim must be rejected under 35 U.S.C. 101 as covering non-statutory subject matter. The USPTO recognizes that applicants may have claims directed to computer-readable recording mediums that cover signals per se, which the USPTO must reject under 35 U.S.C. 101 as covering both non-statutory subject matter and statutory subject matter. A claim drawn to such a computer-readable recording medium that covers both transitory and non-transitory embodiments may be amended to narrow the claim to cover only statutory embodiments to avoid a rejection under 35 U.S.C. 101 by adding the limitation "non-transitory" to the claim. Such an amendment would typically not raise the issue of new matter, even when the specification is silent because the broadest reasonable interpretation relies on the ordinary and customary meaning that includes signals per se.
Applicant’s specification on pgs. 28-29 recite “… examples of the computer-readable storage medium may include magnetic media such as hard disks, floppy disks, and magnetic tape, optical media such as compact disc read-only memory (CD-ROM) and digital versatile discs (DVDs), magneto-optical media such as floptical disks, and hardware devices…” Since Applicant’s disclosure does not limit the definition of “computer-readable recording medium,” it could be a signal.
As an additional note, a non-transitory computer-readable recording medium having executable programming instructions stored thereon is considered statutory as non-transitory computer readable media excludes transitory data signals.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 7-10, 12, and 18-20 are provisionally rejected on the grounds of nonstatutory double patenting as being unpatentable over Claims 1-3, 9-12, 18, and 19 of copending application Kim (Application No. 18/580947), hereinafter referenced as Kim. Although the claims are not identical, they are not patentably distinct from each other because the notion of the claims of the current application correspond with the claims in Kim.
Below is a limitation mapping between the current application and the claims of Kim.
Current Application (18/851786)
Kim (18/580947)
Claim
Limitation
Claim
Limitation
1
An oral cavity image processing method comprising:
1
An intraoral image processing method comprising:
obtaining 3-dimensional oral cavity data by scanning an oral cavity including teeth;
1
obtaining three-dimensional intraoral data that is data from scanning an object;
generating a base based on the 3-dimensional oral cavity data;
1
generating a base, based on the three-dimensional intraoral data;
generating, based on a reference curve of the base, one or more cylinders that pass through a wall of the base;
1
generating, based on the base, a cylinder that penetrates through a wall of the base;
receiving a user input for moving a first cylinder from among the one or more cylinders;
moving the first cylinder along the reference curve of the base based on the user input;
and generating one or more drain holes by deleting data corresponding to the one or more cylinders from teeth model data including the base.
1
generating a drain hole by deleting data corresponding to the cylinder from teeth model data including the base; and displaying the teeth model data in which the drain hole is generated.
7
The oral cavity image processing method of claim 1, further comprising
1
displaying the teeth model data in which the one or more drain holes are generated.
and displaying the teeth model data in which the drain hole is generated.
8
The oral cavity image processing method of claim 7, further comprising
9
The intraoral image processing method of claim 1, further comprising
obtaining the teeth model data by generating mesh data extending from an edge of the 3-dimensional oral cavity data to the base.
obtaining the teeth model data including the base, by generating mesh data extending from a boundary of the three-dimensional intraoral data to the base.
9
The oral cavity image processing method of claim 1, wherein the generating of the one or more cylinders comprises
2
The intraoral image processing method of claim 1, wherein the generating of the cylinder comprises
receiving a user input regarding a number of the one or more cylinders, diameters of the one or more cylinders, and distances from a reference surface of the base to the one or more cylinders.
receiving a user input with respect to a number of cylinders, a diameter of the cylinder, and a distance from the base to the cylinder.
10
The oral cavity image processing method of claim 9, wherein the generating of the one or more cylinders further comprises
3
The intraoral image processing method of claim 1, wherein the generating of the cylinder comprises
determining positions of the one or more cylinders, based on the number of the one or more cylinders and the distances from the reference surface of the base to the one or more cylinders.
determining a position of the cylinder, based on a number of cylinders and a distance from the base to the cylinder.
12
An oral cavity image processing device comprising:
10
An intraoral image processing device comprising:
a display;
a display;
a user interface;
a memory storing one or more instructions;
10
a memory storing one or more instructions;
and a processor, wherein the processor is configured to execute the one or more instructions stored in the memory to:
and a processor configured to execute the one or more instructions stored in the memory to:
obtain 3-dimensional oral cavity data by scanning an oral cavity including teeth;
obtain three-dimensional intraoral data that is data from scanning an object;
generate a base based on the 3-dimensional oral cavity data;
generate a base, based on the three-dimensional intraoral data;
generate, based on a reference curve of the base, one or more cylinders that pass through a wall of the base;
generate, based on the base, a cylinder that penetrates through a wall of the base;
control the display to display the generate one or more cylinders;
receive, through the user interface, a user input for moving a first cylinder from among the one or more cylinders;
move the first cylinder along the reference curve of the base based on the user input;
and generate one or more drain holes by deleting data corresponding to the one or more cylinders from teeth model data including the base.
10
generate a drain hole by deleting data corresponding to the cylinder from teeth model data including the base;
18
The oral cavity image processing device of claim 12, wherein the processor is further configured to execute the one or more instructions stored in the memory to
10
control the display to display the teeth model data in which the one or more drain holes are generated.
and control the display to display the teeth model data in which the drain hole is generated.
19
The oral cavity image processing device of claim 18, wherein the processor is further configured to execute the one or more instructions stored in the memory to
18
The intraoral image processing device of claim 10, wherein the processor is further configured to execute the one or more instructions stored in the memory
obtain the teeth model data by generating mesh data extending from an edge of the 3-dimensional oral cavity data to the base.
to obtain the teeth model data including the base by generating mesh data extending from a boundary of the three-dimensional intraoral data to the base.
20
A computer-readable recording medium having recorded thereon a program comprising at least one instruction for performing, by a computer, an oral cavity image processing method, the oral cavity image processing method comprising:
19
A computer-readable recording medium having recorded thereon a program comprising one or more instructions for executing, on a computer, an intraoral image processing method comprising:
obtaining 3-dimensional oral cavity data by scanning an oral cavity including teeth;
obtaining three-dimensional intraoral data that is data from scanning an object;
generating a base based on the 3-dimensional oral cavity data;
generating a base, based on the three-dimensional intraoral data;
generating, based on a reference curve of the base, one or more cylinders that pass through a wall of the base;
generating, based on the base, a cylinder that penetrates through a wall of the base;
receiving a user input for moving a first cylinder from among the one or more cylinders;
moving the first cylinder along the reference curve of the base based on the user input;
and generating one or more drain holes by deleting data corresponding to the one or more cylinders from teeth model data including the base.
generating a drain hole by deleting data corresponding to the cylinder from teeth model data including the base;
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3, 6-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Renne (“UPDATED How to quickly hollow and base models for printing”, Wally Renne – The MOD Institute, Youtube, 2020), hereinafter referenced as Renne.
Regarding Claim 1, Renne discloses an oral cavity image processing method (Renne, [Image 1], discloses a tutorial of processing a 3D oral cavity model in the title of the video) comprising:
obtaining 3-dimensional oral cavity data by scanning an oral cavity including teeth (Renne, [1:00; Image 1], states the model is an intraoral scan, shows cleaning up the edges of 3-D model which includes teeth);
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Screen clip of oral cavity scan from the video, [0:00]
generating a base based on the 3-dimensional oral cavity data (Renne, [4:43; Image 2], "flat base" on dental model is created);
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Screen clip of base creation from the video, [4:34]
generating, based on a reference curve of the base, one or more cylinders that pass through a wall of the base (Renne, [6:22; Image 5], a cylinder is created and cylinder passes through wall of base <where the wall of the base read on reference curve>);
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Screen clip of cylinder passing through curved wall of the base from the video, [6:21]
receiving a user input for moving a first cylinder from among the one or more cylinders (Renne, [6:22; Image 5], user moves cylinder along reference curve of a sidewall of the base);
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Screen clip of user moving the cylinder from the video, [6:20]
moving the first cylinder along the reference curve of the base based on the user input (Renne, [6:22; Image 5], user moves cylinder along reference curve of the base, where reference curve is the wall of the base);
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Screen clip of the cylinder being moved along the wall of the base from the video, [6:03]
and generating one or more drain holes by deleting data corresponding to the one or more cylinders from teeth model data including the base (Renne, [7:39; Image 9], shows cylinder data removed to create drain holes on the dental model which includes the generated base).
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Screen clip of model with drain holes from the video, [7:39]
Regarding Claim 3, Renne discloses the method of Claim 1 and further discloses
a direction of a central axis of each of the one or more cylinders is parallel to a direction of a normal vector of a point where the central axis intersects the reference curve (Renne, [6:47; Image 8], shows the central axis of a cylinder as parallel to a normal vector, pointing right, where the central axis of the cylinder is intersecting with the reference curve, where the reference curve is the sidewall of the base).
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The boxed arrow is interpreted as the vector
Regarding Claim 6, Renne discloses the method of Claim 1 and further discloses
moving the first cylinder such that a distance between the central axis of the first cylinder and a reference surface of the base is maintained (Renne, [6:03; Image 4], moves the cylinder such that the distance between the central axis of the cylinder and a reference surface of the base is maintained).
Regarding Claim 7, Renne discloses the method of Claim 1 and further discloses
displaying the teeth model data in which the one or more drain holes are generated (Renne, [7:39; Image 9], displays teeth model with a plurality of generated drain holes).
Regarding Claim 8, Renne discloses the method of Claim 7 and further discloses
obtaining the teeth model data by generating mesh data extending from an edge of the 3-dimensional oral cavity data to the base (Renne, [1:00; Image 1], shows Meshmixer, a well-known 3D editor, displaying mesh data extending from an edge of the oral cavity to the base).
Regarding Claim 9, Renne discloses the method of Claim 1 and further discloses
receiving a user input regarding a number of the one or more cylinders, diameters of the one or more cylinders, and distances from a reference surface of the base to the one or more cylinders (Renne, [5:54; Image 3] shows cylinder size changing; [6:46; Image 7] shows distances from a reference surface of the base changing; [6:46; Image 7], shows the number of cylinders is determined by the user).
Regarding Claim 10, Renne discloses the method of Claim 9 and further discloses
determining positions of the one or more cylinders, based on the number of the one or more cylinders and the distances from the reference surface of the base to the one or more cylinders (Renne, [6:47; Image 7] shows user positioning cylinders based on the position of other cylinders to connect them).
Regarding Claim 11, Renne discloses the method of Claim 1 and further discloses
determining heights of side surfaces of the one or more cylinders such that the one or more cylinders pass through the wall of the base (Renne, [5:54; Image 3] shows cylinder circumference <height of side surface of cylinder> changing so that it can be fitted into base of the model);
and generating the one or more cylinders based on the determined heights of the side surfaces of the one or more cylinders (Renne, [6:33; Image 6] shows the cylinder duplicated <where duplicated reads on generated based on determined heights of the side surfaces because a duplicated cylinder will have all the same properties, including the determined heights of the side surfaces, of the cylinder it was duplicated from>).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Renne in view of Denzinger et al. (US 2021/166389), hereinafter referenced as Denzinger.
Regarding Claim 2, Renne discloses the method of Claim 1. Renne does not disclose the limitations of Claim 2, however, Denzinger discloses
at least one of an inner boundary of the base, an outer boundary of the base, and a curve connecting points located in a middle of the base in a thickness direction of the base (Denzinger, [0125], discloses a region of interest with inner and outer boundaries and a centerline <reads on a curve connecting points located in the middle of the base in a thickness direction of the base>; [Fig. 2], where the centerline is reference character 5).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply and/or modify the method as taught by Renne by designating a reference curve defined by an inner boundary, and outer boundary, and a centerline as taught by Denzinger. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to make this modification because inner/outer boundaries and centerlines define, constrain, and visualize surface data. This is beneficial in 3D modeling because it increases efficiency by providing precise, actionable, and structural reference lines for modeling, visualization, and analysis.
Claims 12, 14, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Renne in view of Chen et al. (CN 111449781 A), hereinafter referenced as Chen.
Regarding Claim 12, it recites limitations similar in scope to Claim 1 but as a device. As shown in the rejection, Renne discloses the method of Claim 1. Renne does not disclose
An oral cavity image processing device comprising: a display; a user interface; a memory storing one or more instructions; and a processor, wherein the processor is configured to execute the one or more instructions stored in the memory to: …
However, Chen discloses
An oral cavity image processing device comprising: a display (Chen, [Abs], discloses a method, terminal, and storage medium for overflowing holes on a dental model; Chen, [0064], discloses a terminal <reads on device comprising a display>);
a user interface (Chen, [0064], discloses a user interface);
a memory storing one or more instructions (Chen, [0064], discloses a processor executing software programs stored in the memory);
and a processor, wherein the processor is configured to execute the one or more instructions stored in the memory to (Chen, [0064], discloses a processor executing software programs stored in the memory): …
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply and/or modify the method disclosed by Renne by developing it as a system as taught by Chen. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to make this application because a device including a display, UI, memory, and a processor to enhance user interaction with the method being performed and enable real time data processing.
Regarding Claim 20, it recites limitations similar in scope to Claims 1 and 12 but as a computer-readable recording medium. As shown in the rejection, Renne and the combination of Renne and Chen disclose the method and device of Claims 1 and 12 respectively. Additionally, Chen discloses
A computer-readable recording medium having recorded thereon a program comprising at least one instruction for performing, by a computer, an oral cavity image processing method, the oral cavity image processing method comprising (Chen, [0153], discloses a computer-readable storage medium storing a computer program, that when executed by a processor, performs operations that comprise a method): …
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply and/or modify the method disclosed by Renne or the device disclosed by the combination of Renne and Chen by developing the method or device as a computer-readable recording medium as taught by Chen. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to make this application because a computer-readable medium provides an automated data-processing, data storage, and data retrieval.
Regarding Claim 14, the combination of Renne and Chen disclose the device of Claim 12. They further disclose wherein
a direction of a central axis of each of the one or more cylinders is parallel to a direction of a normal vector of a point where the central axis intersects the reference curve (Renne, [6:47; Image 8], shows the central axis of a cylinder as parallel to a normal vector, pointing right, where the central axis of the cylinder is intersecting with the reference curve, where the reference curve is the sidewall of the base).
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The boxed arrow is interpreted as the vector
Regarding Claim 17, the combination of Renne and Chen disclose the device of Claim 12. They further disclose wherein
moving the first cylinder such that a distance between the central axis of the first cylinder and a reference surface of the base is maintained (Renne, [6:03; Image 4], moves the cylinder such that the distance between the central axis of the cylinder and a reference surface of the base is maintained).
Regarding Claim 18, the combination of Renne and Chen disclose the device of Claim 12. They further disclose wherein
displaying the teeth model data in which the one or more drain holes are generated (Renne, [7:39; Image 9], displays teeth model with a plurality of drain holes).
Regarding Claim 19, the combination of Renne and Chen disclose the device of Claim 12. They further disclose wherein
obtaining the teeth model data by generating mesh data extending from an edge of the 3-dimensional oral cavity data to the base (Renne, [1:00; Image 1], shows Meshmixer, a well-known 3D editor, displaying mesh data extending from an edge of the oral cavity to the base).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Renne and Chen in view of Denzinger.
Regarding Claim 13, the combination of Renne and Chen disclose the device of Claim 12. They do not disclose the limitations of Claim 13, however, Denzinger discloses
at least one of an inner boundary of the base, an outer boundary of the base, and a curve connecting points located in a middle of the base in a thickness direction of the base (Denzinger, [0125], discloses a region of interest with inner and outer boundaries and a centerline <reads on a curve connecting points located in the middle of the base in a thickness direction of the base>; [Fig. 2], where the centerline is reference character 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply and/or modify the device as taught by Renne and the combination of Renne and Chen, respectively, by designating a reference curve defined by an inner boundary, and outer boundary, and a centerline as taught by Denzinger. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to make this modification because inner/outer boundaries and centerlines define, constrain, and visualize surface data. This is beneficial in 3D modeling because it increases efficiency by providing precise, actionable, and structural reference lines for modeling, visualization, and analysis.
Allowable Subject Matter
Claims 4, 5, 15, and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hoffman et al. (US 2015/0327959) teaches positioning teeth in a jaw model.
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/I.O./Examiner, Art Unit 2618
/DEVONA E FAULK/Supervisory Patent Examiner, Art Unit 2618