Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. It would be of great assistance to the office if all incoming papers pertaining to a filed application carried the following items:
i. Application number (checked for accuracy, including series code and serial no.).
ii. Group art unit number (copied from most recent Office communication).
iii. Filing date.
iv. Name of the examiner who prepared the most recent Office action.
v. Title of invention.
vi. Confirmation number (See MPEP § 503).
3. The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages, paragraph and figures may apply. Applicant, in preparing the response, should consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
4. Claim interpretation: When multiple limitations are connected with “OR”, one of the limitations doesn’t have any patentable weight since both of the limitations are optional.
Claim Rejection- 35 USC § 102
5. 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 2, 4-8, 10-13, 15-18 & 21 are rejected under 35 USC 102 as being clearly anticipated by Elbaz et al (Pub No. US 2019/0269485).
Regarding claim 2, Elbaz et al discloses an intraoral scanning system, comprising: an intraoral scanner configured to generate intraoral scan data of a dental site of a patient (Fig. 1A & 9A: Patient dental scan image and data) & (Fig. 33 & Para. 13-16: Dental intraoral scanner); and a computing device configured to: receive the intraoral scan data of the dental site of the patient (Fig. 33: 3301-receive 3D data & Para. 358); generate a virtual three-dimensional (3D) model of the dental site using the intraoral scan data (Para. 358: displaying 3D volumetric images & Para. 361: virtual sections taken through a volumetric model of a patient’s teeth generated from an intraoral scan -see Fig. 34A-34B) & (Para. 221 & Fig. 43A); output a view of the virtual 3D model to a display (Para. 358: displaying 3D volumetric images) & Fig. 43A & 17); identify a plurality of areas of interest (AOIs) on the virtual 3D model (Para. 272: 3D data shows region of interest & Fig. 9B: darker region 903) (Also see Para. 24 & 105); determine adjustments to the view of the virtual 3D model to transition between views of the plurality of AOIs (Para. 30 & 267 & 149: adjusts the position of the 3D model of the dental arch on the display) & (Para. 154-456 & 221 & 272: determine adjustments and adjust to the view of the virtual 3D model on the viewing window) & (Fig. 9A-9B: adjustments to the view of the virtual 3D model. Darker region 903-AOI on the adjustment view-larger view) and adjust the view of the virtual 3D model according to the determined adjustments (Fig. 43A & 9A-9B: adjustments to the view of the virtual 3D model. Darker region 903-AOI on the adjustment view-larger view) & (Para. 272: Manipulate images like this to rotate, zoom, section and otherwise view the 3D model).
Regarding claim 4, Elbaz et al discloses wherein the plurality of AOIs comprise one or more identified problem areas (Fig. 9B & Para. 370 & 394: Teeth problems).
Regarding claim 5 & 18, Elbaz et al discloses the plurality of AOIs comprise at least one of a restorative object, a margin line, a tooth to tooth border, or a tooth to gingiva border (Fig. 9B & Para. 370 & 358: enamel-like restorations & 394 & Fig. 9A-B).
Regarding claim 6, Elbaz et al discloses plurality of AOIs comprise one or more dental conditions (Fig. 9A-B).
Regarding claim 7 & 13 & 19, Elbaz et al discloses the one or more dental conditions comprise at least one of a tooth crack (Para. 8 & 42: dental crack).
Regarding claim 8, Elbaz et al discloses the computing device is further configured to: for one or more AOIs of the plurality of AOIs, output a visual indication of a type of AOI corresponding to the one or more AOIs to the display (Fig. 9A-B & Fig. 17: a density map 1715, representing the dentin beneath the enamel on the outer surface & Para. 338).
Regarding claim 10, Elbaz et al discloses the computing device is further configured to: determine a viewing trajectory for adjusting the view of the virtual 3D model, wherein the viewing trajectory comprises the adjustments to the view of the virtual 3D model (Para. 412-413: Locations, curvature, and trajectory of the tooth root).
Regarding claim 11 & 21 & 15 & 17, Elbaz et al discloses the adjustments comprise at least one of rotating the virtual 3D model, panning the virtual 3D model, zooming in on an AOI of the plurality of AOIs, or zooming out (Para. 272: rotate/ zoom 3D model).
Regarding claim 12, Elbaz et al discloses a system, comprising: a computing device comprising a memory and one or more processors, wherein the computing device is configured to: receive the intraoral scan data of the dental site of the patient (Fig. 33: 3301-receive 3D data & Para. 358); generate a virtual three-dimensional (3D) model of the dental site using the intraoral scan data (Para. 358: displaying 3D volumetric images & Para. 361: virtual sections taken through a volumetric model of a patient’s teeth generated from an intraoral scan -see Fig. 34A-34B) & (Para. 221 & Fig. 43A); output a view of the virtual 3D model to a display (Para. 358: displaying 3D volumetric images) & Fig. 43A & 17); identify a plurality of areas of interest (AOIs) on the virtual 3D model (Para. 272: 3D data shows region of interest & Fig. 9B: darker region 903) (Also see Para. 24 & 105); determine adjustments to the view of the virtual 3D model to transition between views of the plurality of AOIs (Para. 30 & 267 & 149: adjusts the position of the 3D model of the dental arch on the display) & (Para. 154-456 & 221 & 272: determine adjustments and adjust to the view of the virtual 3D model on the viewing window) & (Fig. 9A-9B: adjustments to the view of the virtual 3D model. Darker region 903-AOI on the adjustment view-larger view) and adjust the view of the virtual 3D model according to the determined adjustments (Fig. 43A & 9A-9B: adjustments to the view of the virtual 3D model. Darker region 903-AOI on the adjustment view-larger view) & (Para. 272: Manipulate images like this to rotate, zoom, section and otherwise view the 3D model).
Regarding claim 16, Elbaz et al discloses an intraoral scanning system, comprising: an intraoral scanner configured to generate intraoral scan data of a dental site of a patient (Fig. 1A & 9A: Patient dental scan image and data) & (Fig. 33 & Para. 13-16: Dental intraoral scanner); and a computing device configured to: receive the intraoral scan data of the dental site of the patient (Fig. 33: 3301-receive 3D data & Para. 358); generate a virtual three-dimensional (3D) model of the dental site using the intraoral scan data (Para. 358: displaying 3D volumetric images & Para. 361: virtual sections taken through a volumetric model of a patient’s teeth generated from an intraoral scan -see Fig. 34A-34B) & (Para. 221 & Fig. 43A); output a view of the virtual 3D model to a display (Para. 358: displaying 3D volumetric images) & Fig. 43A & 17); identify an area of interest (AOIs) on the virtual 3D model (Para. 272: 3D data shows region of interest & Fig. 9B: darker region 903) (Also see Para. 24 & 105); determine adjustments to the view of the virtual 3D model to transition between views of the plurality of AOIs (Para. 30 & 267 & 149: adjusts the position of the 3D model of the dental arch on the display) & (Para. 154-456 & 221 & 272: determine adjustments and adjust to the view of the virtual 3D model on the viewing window) & (Fig. 9A-9B: adjustments to the view of the virtual 3D model. Darker region 903-AOI on the adjustment view-larger view) and adjust the view of the virtual 3D model according to the determined adjustments (Fig. 43A & 9A-9B: adjustments to the view of the virtual 3D model. Darker region 903-AOI on the adjustment view-larger view) & (Para. 272: Manipulate images like this to rotate, zoom, section and otherwise view the 3D model).
Claim Rejection- 35 USC § 103
6. 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 of this title, 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 3, 9, 14 & 20 are rejected under 35 U.S.C. 103 as being unpatentable over Elbaz et al (Pub No. US 2019/0269485) and further in view of Kopelman et al (Pub No. 2018/0168781).
Regarding claim 3, Elbaz et al discloses determine, for a first AOI of the plurality of AOIs and display AOI (Para. 272: 3D data shows region of interest & Fig. 9B: darker region 903) (Also see Para. 24 & 105).
Elbaz is silent regarding a tooth number associated with the first AOI; and output an indication of the tooth number to the display.
Kopelman discloses a tooth number associated with the first AOI; and output an indication of the tooth number to the display (Fig. 15A-B & Para. 44 & 169: Area of interest on the teeth & Para. 167: Tooth number identifier in the image data).
Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to use the dental imaging system of Kopelman’s disclosure with the dental three-dimensional model system, as taught by Elbaz. Doing so would have resulted in effectively taking dental image data to identify the defected teeth properly for further treatment.
Regarding claim 9 & 14 & 20, Elbaz et al discloses the intraoral scan data is received at a first time, and wherein the computing device is further configured to: receive second intraoral scan data of the dental site at a second time (Para. 29: Scan dental area multiple times for multiple images) & (Para. 116); generate a second virtual 3D model of the dental site using the second intraoral scan data (Para. 338: 3D display surface images); compare the second virtual 3D model to the virtual 3D model; and determine changes to one or more teeth based on a result of the comparing (Para. 116-117: determine the difference between the first 3D volumetric model and the second 3D volumetric model at the flagged region) & (Para. 96 & 255 & 256); wherein one or more of the plurality of AOIs is associated with at least one of the changes to the one or more teeth (Para. 255-256: animation of the changes in the patient's dentition).
Kopelman discloses virtual 3D model of the dental site (Para. 180: virtual three dimensional model and/or optical image data. The AR system may then provide an overlay of the patient's jaw as shown in the portion of the view 850 of an AR display).
Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to use the dental imaging system of Kopelman’s disclosure with the dental three-dimensional model system, as taught by Elbaz. Doing so would have resulted in effectively taking dental image data to identify the defected teeth properly for further treatment.
Another Prior Art
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Willers ET AL (US 2020/0383752) discloses visualize a 3D model of a patient's face and jaw, with a depth sensor being used to detect depth information. Articulator parameters then be obtained to be used for treatment planning based on an analysis of the correct functioning of the patient’s teeth.
Wang et al (Pub No. 2020/0143541) discloses auxiliary method for dental beautification may include obtaining information; processing the information and obtaining the results of information processing; and generating and displaying the beautification schemes according to the results of information processing.
Sachdeva et al (US 2020/0066391) discloses automated computer-implemented system provided with the capabilities of interactive human use to design a targeted plan based upon consideration of nature of tooth movement, minimizing displacement and collision of dental skeletal.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MD K TALUKDER whose telephone number is (571)270-3222. The examiner can normally be reached Mon-Thur from 10 am to 6 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wesley Kim can be reached on 571-272-7867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MD K TALUKDER/ Primary Examiner, Art Unit 2648
Prosecution Insights