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 .
Claims StatusClaims 1-20 are pending and have been rejected.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/07/2025, 03/03/2026 & 04/27/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 20 is objected to because of the following informalities: Claim 20 is an exact copy of claim 17. Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (U.S. Publication 2023/0306554), hereinafter “Lee” in view of Perdensen et al. (U.S. Publication 2016/0173997), hereinafter “Perdensen”.
As to claim 1, Lee discloses a handheld intraoral scanning device configured to acquire intraoral scan data from a three-dimensional dental object during a scanning session, the handheld intraoral scanning device comprising
a processing unit configured to process intraoral scan data of a patient and provide 3D image data (Lee, see [0044-0045], intraoral scanner can obtain a three-dimensional intraoral image representing the oral cavity in three dimensions);
a wireless interface configured to transmitting the 3D image data (Lee, see [0081], intraoral scanner transmits image to a device connected through a wireless communication network), and
a memory (Lee, see [0089], memory); wherein the processing unit is configured to (Lee, see [0090], processor):Lee is silent to receive a session request for a session via the wireless interface, wherein the session request includes a digital signature;
authenticate the digital signature for initiating the session;
obtain and store a session key;
sign the session key by an intraoral scanning device key, wherein the intraoral scanning device key is stored in a permanent memory of the intraoral scanning device;
send a session response comprising the signed session key; and
receive session data in the session via the wireless interface, and wherein the session data corresponds to customization data for the handheld intraoral scanning device, handheld intraoral scanning device operating parameters and/or firmware data for the handheld intraoral scanning device.However, Perdensen discloses receive a session request for a session via the wireless interface, wherein the session request includes a digital signature (Perdensen, see [0047], the mode request can comprise a sender identifier indicative of the mode request sender, wherein this allows for direct authentication of the mode request);
authenticate the digital signature for initiating the session (Perdensen, see [0058-0060], the mode request can comprise a signature, and to authenticate the mode request can comprise to verify the signature of the mode request);
obtain and store a session key (Perdensen, see [0054], obtain and/or store a session identifier (may also be denoted session key));
sign the session key by an intraoral scanning device key, wherein the intraoral scanning device key is stored in a permanent memory of the intraoral scanning device (Perdensen, see [0055], the hearing device key can be stored in a permanent memory of the hearing device);
send a session response comprising the signed session key (Perdensen, see [0056], the mode response can comprise the encrypted session key); and
receive session data in the session via the wireless interface, and wherein the session data corresponds to customization data for the handheld intraoral scanning device, handheld intraoral scanning device operating parameters and/or firmware data for the handheld intraoral scanning device (Perdensen, see [0061-0062], the received data can comprise a message authentication code. In order to verify integrity of the received data can comprise to verify the message authentication code, e.g. with the stored session identifier. The received data may comprise a digital signature. To verify integrity of the received data can comprise verifying the digital signature. The data can comprise a session identifier, and to authenticate the data can comprise to compare the session identifier of received data with the session identifier stored in the hearing device).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee in view of Perdensen in order to further modify the method for processing an intraoral image from the teachings of Lee with the method for operating of a hearing device from the teachings of Perdensen.
One of ordinary skill in the art would have been motivated because it would allow to receive incoming data as legitimate and allow memory to be written or changed by an unauthorized party (Perdensen – Paragraph 0003).
As to claim 2, Lee in view of Perdensen discloses everything disclosed in claim 1. Perdensen further discloses a handheld intraoral scanning device according to claim 1, wherein the session key is encrypted based on the intraoral scanning device key (Perdensen, see [0056], the mode response comprise the encrypts session key, wherein the session response can comprise a hearing device identifier and/or the session key), and where the session response includes the encrypted session key (Perdensen, see [0056], a mode response comprising a hearing device identifier can enable the sender of the mode request to obtain the hearing device key, either from a database or by requesting the hearing device key from the manufacturer, which in turn enables the sender of the mode request to decrypt an encrypted session identifier/key and use the session identifier when sending data to the hearing device).
As to claim 3, Lee in view of Perdensen discloses everything disclosed in claim 1. Perdensen further discloses wherein the processing unit is configured to receive a client signed session key via the wireless interface, and decrypt the received session data in the session (Perdensen, see [0056], a mode response comprising a hearing device identifier can enable the sender of the mode request to obtain the hearing device key, either from a database or by requesting the hearing device key from the manufacturer, which in turn enables the sender of the mode request to decrypt an encrypted session identifier/key and use the session identifier when sending data to the hearing device).
As to claim 4, Lee in view of Perdensen discloses everything disclosed in claim 1. Perdensen further discloses wherein the processing unit is configured to verify integrity of the session data (Perdensen, see [0061-0062], verifying integrity of the received data can be based on the session identifier stored in the hearing device).
As to claim 5, Lee in view of Perdensen discloses everything disclosed in claim 1. Perdensen further discloses wherein the processing unit is configured to terminate the session if integrity of the session data is corrupted (Perdensen, see [0063], the processing unit can be configured to terminate the session if authentication of the received data fails, e.g. the processing unit can be configured to terminate the session if integrity of the received data is corrupted, i.e. verification of the integrity fails).
As to claim 6, Lee in view of Perdensen discloses everything disclosed in claim 1. Perdensen further discloses wherein the session data comprises a message authentication code, and wherein to verify integrity of the session data comprises to verify the message authentication code with the stored session key (Persdensen, see [0063], in order to verify integrity of the received data can comprise to verify the message authentication code, e.g. with the stored session identifier).
As to claim 7, Lee in view of Perdensen discloses everything disclosed in claim 1. Perdensen further discloses wherein the session data comprises a digital signature, and wherein to verify integrity of the session data comprises verifying the digital signature (Perdensen, see [0061-0062], in order to verify integrity of the received data can comprise verifying the digital signature).
As to claim 8, Lee in view of Perdensen discloses everything disclosed in claim 2. Perdensen further discloses wherein the processing unit is configured to: decrypt the session data with the session key (Perdensen, see [0056], decrypt an encrypted session identifier/key), and store at least part of decrypted session data in the memory unit (Perdensen, see [0059], store the session identifier in the hearing device).
As to claim 9, Lee in view of Perdensen discloses everything disclosed in claim 8. Perdensen further discloses wherein the processing unit is configured to terminate the session if decryption of the session data fails (Perdensen, see [0063], the processing unit can be configured to terminate the session if authentication of the received data fails, e.g. the processing unit may be configured to terminate the session if integrity of the received data is corrupted, i.e. verification of the integrity fails).
As to claim 10, Lee in view of Perdensen discloses everything disclosed in claim 1. Perdensen further discloses wherein the session data comprises customization data, intraoral scanning device operating parameters and/or firmware data (Pardensen, see [0062], data comprises a session identifier which is used to authenticate the data that can be stored in the hearing device).
As to claim 11, Lee in view of Perdensen discloses everything disclosed in claim 1. Lee further discloses wherein the processing unit is configured to process intraoral scan data of a patient and provide 2D image data and/or 3D image data according to the received session data (Lee, see [0047], receiving, from the intraoral scanner, two-dimensional image data obtained by scanning an oral cavity, and generating, processing, displaying, and/or transmitting an intraoral image based on the received two-dimensional image data). As to claim 12, Lee in view of Perdensen, discloses everything disclosed in claim 1. Perdensen further discloses wherein the session key is a symmetric key (Perdensen, see [0055], the session identifier can be a session key in the form of a symmetric key).
As to claim 13, Lee in view of Perdensen discloses everything disclosed in claim 1. Perdensen further discloses wherein to obtain the session key comprises to generate a random or pseudo-random number with a number generator contained in the intraoral scanning device (Perdensen, see [0054], the processing unit/hearing device can be configured to generate and/or send a mode response in response to the mode request, wherein the processing unit can be configured to obtain and/or store a session identifier (can also be denoted session key) and include the session identifier and/or an encrypted version in the mode response. To obtain the session identifier can comprise to generate the session identifier, e.g. as a random or pseudo-random number).
As to claim 14, Lee in view of Perdensen discloses everything disclosed in claim 1. Perdensen further discloses wherein the intraoral scanning device key is a symmetric key or a public key of a private-public key pair (Perdensen, see [0055], the hearing device key can be a symmetric key or a public key of a private-public key pair).
As to claim 15, Lee in view of Perdensen discloses everything disclosed in claim 1. Perdensen further discloses wherein the processing unit is configured to send an intraoral scanning device identifier in the session response (Perdensen, see [0056], the processing unit can be configured to send a hearing device identifier and/or the session key in the mode response).
As to claim 16, Lee discloses a method for communication with a handheld intraoral scanning device for acquiring intraoral scan data from a three-dimensional dental object during a scanning session comprising a processing unit configured to process intraoral scan data of a patient and provide 2D image data and/or 3D image data (Lee, see [0044-0045], intraoral scanner can obtain a three-dimensional intraoral image representing the oral cavity in three dimensions. See [0081], intraoral scanner transmits image to a device connected through a wireless communication network), a memory unit (Lee, see [0089], memory), and a wireless interface (Lee, see [0081], a wireless communication network), the method comprising: Lee is silent to receiving a session request for a session via the wireless interface, wherein the session request includes a digital signature;
authenticating the digital signature for initiating the session;
obtaining and storing a session key;
signing the session key by an intraoral scanning device key, wherein the intraoral scanning device key is stored in a permanent memory of the intraoral scanning device;
sending a session response comprising the signed session key; and
receiving session data in the session via the wireless interface, wherein the session data corresponds to customization data for the handheld intraoral scanning device, handheld intraoral scanning device operating parameters and/or firmware data for the handheld intraoral scanning device.
However, Perdensen discloses receiving a session request for a session via the wireless interface, wherein the session request includes a digital signature (Perdensen, see [0047], the mode request can comprise a sender identifier indicative of the mode request sender, wherein this allows for direct authentication of the mode request);
authenticating the digital signature for initiating the session (Perdensen, see [0058-0060], the mode request can comprise a signature, and to authenticate the mode request can comprise to verify the signature of the mode request);
obtaining and storing a session key (Perdensen, see [0054], obtain and/or store a session identifier (may also be denoted session key));
signing the session key by an intraoral scanning device key, wherein the intraoral scanning device key is stored in a permanent memory of the intraoral scanning device (Perdensen, see [0055], the hearing device key can be stored in a permanent memory of the hearing device);
sending a session response comprising the signed session key (Perdensen, see [0056], the mode response can comprise the encrypted session key); and
receiving session data in the session via the wireless interface, wherein the session data corresponds to customization data for the handheld intraoral scanning device, handheld intraoral scanning device operating parameters and/or firmware data for the handheld intraoral scanning device (Perdensen, see [0061-0062], the received data can comprise a message authentication code. In order to verify integrity of the received data can comprise to verify the message authentication code, e.g. with the stored session identifier. The received data may comprise a digital signature. To verify integrity of the received data can comprise verifying the digital signature. The data can comprise a session identifier, and to authenticate the data can comprise to compare the session identifier of received data with the session identifier stored in the hearing device).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee in view of Perdensen in order to further modify the method for processing an intraoral image from the teachings of Lee with the method for operating of a hearing device from the teachings of Perdensen.
One of ordinary skill in the art would have been motivated because it would allow to receive incoming data as legitimate and allow memory to be written or changed by an unauthorized party (Perdensen – Paragraph 0003).
As to claim 17, Lee in view of Perdensen discloses everything disclosed in claim 16. Perdensen further discloses the method comprising verifying integrity of the session data (Perdensen, see [0061-0062], verifying integrity of the received data can be based on the session identifier stored in the hearing device).
As to claim 18, Lee in view of Perdensen discloses everything disclosed in claim 17. Perdensen further discloses the method comprising terminating the session if integrity of the session data is corrupted (Perdensen, see [0063], the processing unit can be configured to terminate the session if authentication of the received data fails, e.g. the processing unit can be configured to terminate the session if integrity of the received data is corrupted, i.e. verification of the integrity fails).
As to claim 19, Lee in view of Perdensen discloses everything disclosed in claim 16. Perdensen further discloses the method comprising: decrypting the session data with the session key (Perdensen, see [0056], decrypt an encrypted session identifier/key), and storing at least part of decrypted session data in the memory unit (Perdensen, see [0059], store the session identifier in the hearing device).
As to claim 20, Lee in view of Perdensen discloses everything disclosed in claim 16. Perdensen further discloses the method comprising verifying integrity of the session data (Perdensen, see [0061-0062], verifying integrity of the received data can be based on the session identifier stored in the hearing device).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. This includes: U.S. Publication 2025/0211619, which describes remote attestation transport layer security and split trust encryption.
U.S. Publication 2020/0267540, which describes secure pairing mechanism in a wireless communication system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TANIA M PENA-SANTANA whose telephone number is (571)270-0627. The examiner can normally be reached Monday - Friday 8am to 4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas R Taylor can be reached at 5712723889. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TANIA M PENA-SANTANA/Examiner, Art Unit 2443
/CHRISTOPHER B ROBINSON/Primary Examiner, Art Unit 2443
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