DETAILED ACTION
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 Objections
Claim 1 is objected to because of the following informalities: limitation “a marker part connected to one side of the stent and configured to be exposed to the outside of the oral cavity when the stent if placed in the oral cavity of the patient to track the coordinates of the stent…” is recommended to be recited as limitation “a marker part connected to one side of the stent and configured to be exposed to the outside of the oral cavity when the stent [[if]] is placed in the oral cavity of the patient to track the coordinates of the stent…”. Appropriate correction is required.
Examiner further objects to claims 1-3 limitations for the usage of “formed”, the term is being interpreted as “positioned in” or “placed in”. If this is not the intended usage Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, limitation “…a reference line for determining the angle is formed at the selected part of the upper end of the fixed joint, and an angle adjustment scale is formed at an upper end of the movable joint to enable a rotation angle of the movable joint to be finely adjusted”, is unclear if the angle adjustment scale is a physical hardware component or if the limitation is in reference to the CBCT image or something else. It is unclear how the “reference line” and the “angle adjustment scale” are intended to be “formed” in connection with the fixed and movable joints which are physical hardware components. The metes and bounds are unclear.
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 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Cho et. al. (U.S. 20220008159, January 13, 2022)(hereinafter, “Cho”) in view of Inglese et. al. (U.S. 20190046276, February 14, 2019)(hereinafter, “Inglese”).
Regarding Claim 1, Cho teaches: A marker integrally formed with an oral stent (Figs. 1A and 2A-4) comprising:
a stent configured to be located in an oral cavity of a patient and capable of undergoing infrared (IR) tracking and computed tomography (CT) imaging (“…the surgical procedure support apparatus 100, DICOM data relating to the CT image captured while the stent, to which the plate 10 is fixed, is attached to the teeth of the patient and stores the DICOM data.” [0063]; “The three-dimensional measurement part 360 measures the position coordinates of the plurality of infrared markers 25 provided on the reference frame 20 in a state where the stent, to which the plate 10 connected with the reference frame 20 is fixed, is mounted on the tooth-form plaster model of the patient.” [0064]); and
a marker part connected to one side of the stent and configured to be exposed to the outside of the oral cavity when the stent if placed in the oral cavity of the patient to track the coordinates of the stent (“…a CT marker 11, serving as a reference position for specifying a relationship between the plate 10 and the teeth of the patient, is embedded in the plate 10. The plate 10 is fixed to a stent…which is to be mounted on a row of teeth of the patient at the time of imaging by the CT imaging apparatus 50. Therefore, the CT marker 11 can be the reference position for specifying the relationship between the plate 10 and the teeth of the patient at the time of imaging by the CT imaging apparatus 50.” [0045]. See Figs. 1A and 2A.), the marker part comprising:
a fixed joint integrally connected to the stent (“The plate 10 is fixed to a stent…” [0045]; “The three-dimensional measurement part 360 measures the position coordinates of the plurality of infrared markers 25 provided on the reference frame 20 in a state where the stent, to which the plate 10 connected with the reference frame 20 is fixed…” [0064]);
a movable joint configured to rotate left and right at the fixed joint to adjust an angle of the marker part (“The three-dimensional measurement part 360 measures the position coordinates of the plurality of infrared markers 25 provided on the reference frame 20 in a state where the stent, to which the plate 10 connected with the reference frame 20 is fixed…the first frame 21 and the second frame 24 cannot be fixed at any angle other than the predetermined angles, and the reference frame 20 rotates only to the plurality of predetermined angles with respect to the plate fixed to the stent 15…as shown in FIGS. 3A to 3D, the plurality of predetermined angles are four levels, and the angle between the first frame 21 and the second frame 24 is configured to be any of 0°, 30°, 60°, and 90°.” [0069]); and
gear wheels formed at an upper end of the fixed joint and at a lower end of the movable joint, respectively, wherein the angle of the marker part is adjusted and fixed according to coupling positions of the gear wheels, wherein a part at which the fixed joint and the movable joint are connected is selected, a reference line for determining the angle is formed at the selected part of the upper end of the fixed joint, and an angle adjustment scale is formed at an upper end of the movable joint to enable a rotation angle of the movable joint to be finely adjusted (“The connection part 22 is configured such that a rotational position of a second frame 24 with respect to a first frame 21 (and the plate 10) is limited to a plurality of predetermined angles, and the first frame 21 and the second frame 24 can be locked by a locking mechanism 23....” [0069]. See Figs. 2A and 2B).
Cho is silent with regards to the imaging being specifically cone beam computed tomography (CBCT) imaging.
Inglese in the field of dental image-guided systems teaches: “Volume image content can be obtained from a radiographic volumetric imaging apparatus such as a cone-beam computed tomography (CBCT) system…” [0056]; “Imaging system 100 includes a radiographic volume imaging apparatus, such as a cone beam computerized tomography (CBCT) system 120 that obtains radiographic volume image content by scanning patient 14. The radiographic volume image content is stored in a memory 72 that is accessible to other processors on network 130.” [0071].
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the CT imaging in Cho to be CBCT imaging as taught in Inglese for fast low-radiation three-dimensional volumetric imaging of dental and maxillofacial structures.
Regarding Claim 2, the combination of Cho and Inglese teach the claim limitations as noted above.
Cho further teaches: wherein multiple IR markers are formed at tips of the movable joint of the marker part, and coordinates of the IR markers are recognized in real time with an IR camera (“ The infrared imaging apparatus 40 includes a stereo infrared camera, for example, and can capture the infrared markers 25 and 39 from a plurality of different angles.” [0060];“…the registration part 380 of the processing apparatus 300 generates the transformation matrix for transforming the positions of the plurality of infrared markers 25 provided in the reference frame 20 into the positions of the plurality of CT markers 11 in the three-dimensional reconstructed image for each predetermined angle…” [0071]. . See Figs. 1A , 2A and 4).
Regarding Claim 3, the combination of Cho and Inglese teach the claim limitations as noted above.
Cho further teaches: wherein radiopaque markers are formed on the upper ends of the fixed joint and the movable joint of the marker part and a side surface of the stent, respectively, so that the radiopaque markers are recognizable during CBCT imaging (“…a CT marker 11, serving as a reference position for specifying a relationship between the plate 10 and the teeth of the patient, is embedded in the plate 10. The plate 10 is fixed to a stent…which is to be mounted on a row of teeth of the patient at the time of imaging by the CT imaging apparatus 50. Therefore, the CT marker 11 can be the reference position for specifying the relationship between the plate 10 and the teeth of the patient at the time of imaging by the CT imaging apparatus 50.” [0045]; “The position acquisition part 340 receives a designation of the positions of the plurality of CT markers 11 in the three-dimensional reconstructed images generated by the three-dimensional model generation part 330 from the user of the processing apparatus 300 via a pointing device…” [0063]; “In the plate 10, the plurality of CT markers 11 made of metal, e.g. micro-balls made of titanium, are embedded such that the CT markers 11 are clearly distinguishable on a CT image.” [0066]. See Figs. 1A and 2A.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Daon et. al. U.S. 20160135904 teaches a dental monitoring and surgical system.
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/AMAL ALY FARAG/Primary Examiner, Art Unit 3798