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 .
DETAILED ACTION
This action is responsive to claims filed on December 20, 2024. Claims 1-23 are pending and presented for examination.
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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).
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Claims 1-23 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-25 of U.S. Patent No. 12,171,640. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application claims are anticipated by the claims recited in the U.S. Patent.
Said claims in both applications are directed to a distributed intraoral scanning system that includes one or more components (e.g., intraoral scanners and/or computing devices) that are connected via a wireless connection. In further details, both applications recite an intraoral scanner, a first computing device (equivalent to local server cited in the parent application) & a second computing device (equivalent to client computing device cited in the parent application) in which the aforementioned claim elements perform similar functions of capturing images by the intraoral scanner, processing the images by a first computing device “local server” and outputting the images to a display of a second device “client computing device”. While the structuring of the claim language in both applications differs but the claims are not patentably distinct from each other.
Taking claims 1, 15 and 22 in the instant application, as an exemplary to show the similarity in features being claimed in both applications, to compare to claims 1 and 8 in the U.S. Patent (see comparison table below). Therefore, it would have been obvious to one of the ordinary skill in the art, having the same claim elements of the parent application, to construct a system as claimed in the instant application capable of performing identical functions as the parent application. The rest of the instant application claims recite similar features as those cited in the U.S. Patent.
An exemplary table to show similarity among the conflicting claims.
Instant Application
U.S. Patent No. 12,171,640
1. An intraoral scanning system comprising:
an intraoral scanner comprising:
one or more light projectors configured to generate a light pattern to be projected onto a three-dimensional (3D) dental object during an intraoral scanning session; and
one or more cameras configured to capture two-dimensional (2D) images of the 3D dental object in response to illuminating said 3D dental object using the one or more light projectors; and
a processor configured to process the 2D images to generate intraoral scan data;
a first computing device configured to:
receive the intraoral scan data from the intraoral scanner;
generate a digital 3D model of at least part of the 3D dental object based on the intraoral scan data;
generate a plurality of 2D images of the digital 3D model; and
transmit the plurality of 2D images of the digital 3D model to a second device; and
the second device, configured to:
receive the plurality of 2D images; and
output the plurality of 2D images to a display associated with the second device.
Examiner’s note:
While the structuring of the claim language in both applications differs but the claims are not patentably distinct from each other
1. A method comprising:
receiving, by a client computing device, a user input to associate the client computing device with a first intraoral scanner of a plurality of intraoral scanners, the user input comprising an identifier of the first intraoral scanner;
wirelessly connecting the client computing device with a local server computing device; and
sending the identifier of the first intraoral scanner to the local server computing device, wherein the local server computing device wirelessly connects to the first intraoral scanner and associates the client computing device with the first intraoral scanner;
wherein once the client computing device and the first intraoral scanner are both wirelessly connected to the local server computing device and associated with one another, intraoral scan data generated by the first intraoral scanner is sent to the local server computing device, the intraoral scan data is processed by the local server computing device to generate a three-dimensional surface of a dental site, the three-dimensional surface or a view of the three-dimensional surface of the dental site is sent to the client computing device, and the three-dimensional surface or the view of the three-dimensional surface of the dental site is displayed by the client computing device.
15. An intraoral scanning system comprising:
an intraoral scanner comprising:
one or more light projectors configured to generate a light pattern to be projected onto a three-dimensional (3D) dental object during an intraoral scanning session; and
one or more cameras configured to capture two-dimensional (2D) images of the 3D dental object in response to illuminating said 3D dental object using the one or more light projectors;
a first computing device configured to: receive the 2D images from the intraoral scanner;
determine 3D point clouds from the 2D images;
generate a digital 3D model of at least part of the 3D dental object based on the 3D point clouds;
generate a plurality of 2D images of the digital 3D model; and
transmit the plurality of 2D images of the digital 3D model to a second device; and
the second device, configured to: receive the plurality of 2D images; and output the plurality of 2D images to a display associated with the second device.
Examiner’s note:
While the structuring of the claim language in both applications differs but the claims are not patentably distinct from each other
8. An intraoral scanning system, comprising:
a first intraoral scanner configured to generate intraoral scan data;
a client computing device configured to remotely control an intraoral scan application that executes on a local server computing device; and
the local server computing device, configured to execute the intraoral scan application, wherein the local server computing device is further configured to:
receive a first connection request from the client computing device;
wirelessly connect to the client computing device;
receive an identifier of the first intraoral scanner from the client computing device responsive to the client computing device receiving a user input to associate the client computing device with the first intraoral scanner;
wirelessly connect to the first intraoral scanner using the identifier; and
associate the first intraoral scanner with the client computing device.
22. An intraoral scanning system comprising:
an intraoral scanner comprising: one or more light projectors configured to generate a light pattern to be projected onto a three-dimensional (3D) dental object during an intraoral scanning session; and
one or more cameras configured to capture intraoral scan data of the 3D dental object in response to illuminating said 3D dental object using the one or more light projectors;
a first computing device configured to: receive the intraoral scan data from the intraoral scanner;
generate a digital 3D model of at least part of the 3D dental object based on the intraoral scan data; and
transmit the digital 3D model to a second computing device; and
the second computing device, configured to: receive the digital 3D model;
generate a view of the digital 3D model; and
output the view of the digital 3D model to a display associated with the second computing device.
8. An intraoral scanning system, comprising:
a first intraoral scanner configured to generate intraoral scan data;
a client computing device configured to remotely control an intraoral scan application that executes on a local server computing device; and
the local server computing device, configured to execute the intraoral scan application, wherein the local server computing device is further configured to:
receive a first connection request from the client computing device;
wirelessly connect to the client computing device;
receive an identifier of the first intraoral scanner from the client computing device responsive to the client computing device receiving a user input to associate the client computing device with the first intraoral scanner;
wirelessly connect to the first intraoral scanner using the identifier; and
associate the first intraoral scanner with the client computing device.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of pre-AIA 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-23 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Katzman et al “Katzman”, US-PGPub. No. 20210298874.
As per claims 1, 15 and 22, Katzman teaches an intraoral scanning system comprising:
an intraoral scanner (Fig. 1 – intraoral scanning site 120, Paragraph(s) [0048]) comprising:
one or more light projectors configured to generate a light pattern to be projected onto a three-dimensional (3D) dental object during an intraoral scanning session (Paragraph(s) [0004], [0063]; conducting, using an intraoral scanner located in an office of an intake dentist or orthodontist, an intraoral scan at an intraoral scanning site, the intraoral scan generating three-dimensional data of the mouth of the patient); and
one or more cameras configured to capture two-dimensional (2D) images of the 3D dental object in response to illuminating said 3D dental object using the one or more light projectors (Fig. 7, Paragraph(s) [0062]; the dental professional may be instructed to take a photograph of a straight-on, closed view of the patient's teeth with the patient biting down fully on their back teeth with their natural bite. Once the dental professional captures the patient photographs, the dental professional may select an upload button 702 for uploading each photograph);
a first computing device configured to receive the 2D images from the intraoral scanner, determine 3D point clouds from the 2D images & generate a digital 3D model of at least part of the 3D dental object based on the 3D point clouds (Fig. 1, Paragraph(s) [0038], [0042]; the office computing device 116 may be configured to access one or more portals of the central processing system 102 such that the dental office 118 is incorporated into a network of providers including other enrolled dental offices 118 and intraoral scanning sites 120. Katzman further discloses the network 105 facilitating communication between the respective components of the system 100 may be a Local Area Network (LAN), a Wide Area Network (WAN), a Wireless Local Area Network (WLAN), an Internet Area Network (IAN) or cloud-based network, etc.(Paragraph(s) [0035]);
generate a plurality of 2D images of the digital 3D model (Paragraph(s) [0004]. [0065]; generating, by a treatment plan computing system “first computing device” located at a treatment plan site separate from the intraoral scanning site without the patient being present at the treatment plan site, the treatment plan for the patient based on the three-dimensional data]); and
transmit the plurality of 2D images of the digital 3D model to a second device (Paragraph(s) [0005], [0066]; the treatment plan portal is configured to provide the second computing device access to a 3D model of the mouth of the patient. The 3D model is generated based on the 3D representation); and
the second device, configured to receive the plurality of 2D images and output the plurality of 2D images to a display associated with the second device (Paragraph(s)[0006], [0055-0056]; the patient intake portal 128 is configured to be accessed by the office computing device 116 “second device”. The office computing device 116 may be configured to access the patient intake portal 128 via the network 105 and the communications interface 112 of the central processing system 102. The user interfaces shown in FIG. 2-FIG. 8 may be rendered on the office computing device 116).
As per claims 2 and 16, Katzman teaches wherein the first computing device is further configured to generate a video stream comprising the plurality of 2D images of the digital 3D model; wherein transmitting the plurality of 2D images of the digital 3D model comprises streaming the video stream (Paragraph(s) [0033], [0062]).
As per claims 3, 17 and 23, Katzman teaches wherein the first computing device is further configured to update the digital 3D model of at least part of the 3D dental object using additional intraoral scan data as the additional intraoral scan data is received from the intraoral scanner (Paragraph(s) [0072], [0078]).
As per claims 4 and 18, Katzman teaches wherein the first computing device is a server computing device wirelessly connected to the intraoral scanner (Paragraph(s) [0035]).
As per claim 5, Katzman teaches wherein the server computing device comprises a cloud-based server computing device (Paragraph(s) [0036]).
As per claim 6, Katzman teaches wherein the first computing device is provided as a cloud-based service through an internet connection (Paragraph(s) [0035]).
As per claim 7, Katzman teaches wherein the first computing device is configured to connect to the second device using a peer-to-peer connection (Paragraph(s) [0005]).
As per claim 8, Katzman teaches wherein the peer-to-peer connection is a Web Real-Time Communication (WebRTC) connection (Paragraph(s) [0033], [0035]).
As per claim 9, Katzman teaches wherein the first computing device is configured to wirelessly connect to the second device (Paragraph(s) [0035]).
As per claim 10, Katzman teaches wherein the intraoral scanner further comprises a wireless module configured to establish a wireless connection with at least one of the first computing device or the second device (Paragraph(s) [0035]).
As per claims 11 and 19, Katzman teaches wherein the intraoral scanner further comprises a wireless module configured to establish a wireless connection to a wireless local area network (WLAN) (Paragraph(s) [0035]; a Wireless Local Area Network (WLAN)).
As per claims 12 and 20, Katzman teaches wherein the first computing device is further configured to update a view of the digital 3D model based on one or more user manipulations of the digital 3D model via a graphical user interface presented on at least one of the intraoral scanner or the display associated with the second device (Paragraph(s) [0006], [0076]).
As per claims 13 and 21, Katzman teaches wherein the second device is a second computing device (Paragraph(s) [0033]).
As per claim 14, Katzman teaches wherein the second device comprises the display (Paragraph(s) [0042]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please refer to form PTO-892 (Notice of Reference Cited) for a list of relevant prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED A WASEL whose telephone number is (571) 272-2669. The examiner can normally be reached Mon-Fri (8:00 am – 4:30 pm).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Glenton Burgess can be reached on (571)272-3949. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMED A. WASEL/Primary Examiner, Art Unit 2454
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