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 .
Election/Restrictions
Applicant’s election without traverse of claims 13-16 in the reply filed on 06/01/2026 is acknowledged.
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.
Claim 12 is 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 12, the limitation "the invisible beam" is recited in line 3 . There is insufficient antecedent basis for this limitation in the claim. For examination purposes it shall be considered as “an invisible beam”.
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, 2, 4, 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Elbaz et al., (US20180028063A1) in view of Saphier et al., (US20190388193A1) and in further view Liu (US20060221475A1)
Regarding claim 1, Elbaz teaches a stereoscopic scanning device having a plaque detection function and applied to a target object, the stereoscopic scanning device comprising ([0012]-[0013] the device captures 2D surface model data using stereovision, and would be capable of detecting plaque):
a projection module, comprising (fig. 1a intraoral scanner 103[0103]):
a visible light source (fig. 2E scanner illumination unit 297[0182]) adapted to emit visible beams of multiple wavelengths ([0007] the intraoral scanners have light sources that can illuminate in two or more spectral ranges such as visible light;),
an imaging module relatively disposed adjacent to the projection module, the imaging module comprising (fig. 4C-4F the detector is adjacent to the light source 403 [0159]-[0160]):
an optical sensor adapted to receive the light pattern reflected from the target object (fig. 4C-4F the detector assembly 405 detects the wavelengths [0160]).
However, Elbaz is silent regarding a structural light generator adapted to generate a structured light pattern; a visible light source adapted to emit visible beams of multiple wavelengths to the structural light generator, the visible beam of a first wavelength being emitted towards the structural light generator to generate the structured light pattern.
In the same optical field of endeavor, Saphier teaches a structural light generator adapted to generate a structured light pattern ([0158] the structured light projector focuses the light from the light source; [0289] the light projector 22 creates a distribution 34); a visible light source adapted to emit visible beams of multiple wavelengths to the structural light generator ([0158] the structured light projector focuses the light from the light source; [0056] the light sources transmit light at two wavelengths), the visible beam of a first wavelength being emitted towards the structural light generator to generate the structured light pattern ([0158] the structured light projector focuses the light from the light source).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify device of Elbaz with the structural light generator of Saphier, as this would improve the capture of the scan (see Saphier [0008]).
However, the combination of references are still silent regarding a color filter aperture facing the target object, the color filter aperture having a first penetration region and a second penetration region, and a size of the first penetration region being smaller than a size of the second penetration region; and the structured light pattern passing through the first penetration region to reach the target object, the visible beam of a second wavelength passing through the second penetration region to reach the target object.
In the same optical field of endeavor, Liu teaches regarding a color filter aperture facing the target object (fig. 4A and 4B, the lens system comprises aperture 220, wherein the aperture is in the outgoing projection path for beams 80 [0028]), the color filter aperture having a first penetration region and a second penetration region (fig. 4B filter portions 222 and 224 [0027]-[0028]), and a size of the first penetration region being smaller than a size of the second penetration region (fig. 4B the filter portion 222 has a smaller diameter than the portion 224) ; and the light passing through the first penetration region to reach the target object, the visible beam of a second wavelength passing through the second penetration region to reach the target object ([0030] the red light can pass through the round filter portion 222, the first annular filter portion 226 and the second annular filter portion 228, the green light can pass through the round filter portion 222 and the first annular filter portion 226, and the blue light can only pass through the round filter portion 222).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the optical intraoral device of modified Elbaz with the wavelength filtering aperture in Liu, as this would improve image quality (see Liu [0030]). One of ordinary skill would understand that implementing this aperture into the intraoral device of modified Elbaz would result in the device reading upon the limitation of “a color filter aperture disposed on a side of the structural light generator” and “the structure light pattern passing through the first penetration region to reach the target object”.
Regarding claim 2, modified Elbaz teaches the device of claim 2, wherein Elbaz further teaches wherein the projection module further comprises an invisible light source adapted to emit an invisible beam passing to reach the target object ([0150] transillumination that have a wavelength between 700-1300 nm) and further to generate at least one excitation beam, the optical sensor is adapted to further receive the excitation beam generated by the target object ([0146] there’s a third light source that generates near IR for internal features of the tooth; [0150] the sensor detects the light that has passed through the tooth).
However, the combination of references are silent regarding a first penetration region and a second penetration region.
In the same optical field of endeavor, Liu teaches having a first penetration region and a second penetration region (fig. 4B filter portions 222 and 224 [0027]-[0028]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the optical intraoral device of modified Elbaz with the wavelength filtering aperture in Liu, as this would improve image quality (see Liu [0030]).
Regarding claim 4, modified Elbaz teaches the device of claim 1, but fails to explicitly disclose wherein the first penetration region is partially or completely overlapped with the second penetration region.
In the same optical field of endeavor, Liu teaches wherein the first penetration region is partly or completely overlapped with the second penetration region (fig. 4B the annular filter portion 224 surrounds the round filter portion 222 and therefore completely overlaps it [0028]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the optical intraoral device of modified Elbaz with the wavelength filtering aperture in Liu, as this would improve image quality (see Liu [0030]).
Regarding claim 10, modified Elbaz teaches the device of claim 1, wherein Elbaz further teaches wherein the optical sensor is a color sensor ([0015] the 3D color scanning captures color intraoral 3D data).
Regarding claim 11, modified Elbaz teaches the device of claim 2, wherein Elbaz teaches the invisible light source ([0150] transillumination that have a wavelength between 700-1300 nm) but fails to explicitly disclose wherein the projection module further comprises projection lens assembly disposed on the side of the structural light generator facing the target object, the structured light pattern and the beam are projected onto the target object through the projection lens assembly, the imaging module further comprises imaging lens assembly disposed on a side of the optical sensor facing the target object, the optical sensor receives the visible beam and the invisible beam passing through the imaging lens assembly.
However, in the same optical field of endeavor, Saphier teaches wherein the projection module further comprises projection lens assembly disposed on the side of the structural light generator facing the target object ([0158] the structured light projected includes a light source, wherein the structure light projector focuses light from the light source at a projector focal plane and includes a pattern generator when the light source transmits through the pattern generator; [0040] the beam shaping optical element includes a lens), the structured light pattern and the beam are projected onto the target object through the projection lens assembly ([0183] the structured light projector projects the structured light pattern onto an object outside the wand; [0363] the light generator by the light projector focuses the light at the projector focal plane, generating a light pattern and project the light pattern towards the intraoral surface), the imaging module further comprises imaging lens assembly disposed on a side of the optical sensor facing the target object ([0159] the light field camera includes a camera sensor with an image sensor and an array of micro-lenses, and further teaches an objective lens in front of the light field camera sensor for forming an image of the object being scanned), the optical sensor receives the visible beam and the beam passing through the imaging lens assembly ([0183] light field camera captures a light field resulting from the structured light pattern reflecting off the object including the intensity of the light pattern form the object).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the visible and invisible beams of Elbaz with the structural light generator of Saphier, as this would improve the capture of the scan (see Saphier [0008]).
Regarding claim 12, modified Elbaz, teaches the device of claim 1, wherein Elbaz further teaches wherein the imaging module further comprises an invisible light filter disposed on a side of the optical sensor facing the target object, and adapted to filter the invisible beam reflected from the target object (fig. 2E the scanner includes a near-IR light 289, and a first 281 and second polarizer 283 that is in front of the image sensor that blocks the near IR light reflected off the surface of the tooth [0181]).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Elbaz in view Saphier and Liu as applied to claim 2 above, and further in view of Moore (US20150309225A1)
Regarding claim 3, modified Elbaz teaches the device of claim 2, but fails to explicitly disclose wherein the first penetration region allows penetration of the visible beam and the invisible beam, the second penetration region blocks transmission of the light but allows penetration of the beams of the second wavelength.
In the same optical field of endeavor, Moore teaches wherein the first penetration region allows penetration of the visible beam and the invisible beam ([0080] the first region is uncoated and allows all light to pass), the second penetration region blocks transmission of the light but allows penetration of the beams of the second wavelength ([0080] the second region may allow the first and second wavelength but block the third).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the first and second regions of modified Elbaz with the regions of Moore, as this would improve image acuity (see Moore [0051]). One of ordinary skill would understand that the regions of Moore would apply to the filter portions of modified Elbaz, and would allow the transillumination light and the color light, and thus read upon the limitation “the second penetration region blocks transmission of the structured light pattern but allows penetration of the invisible beam and the visible beam of the second wavelength”.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Elbaz in view Saphier and Liu as applied to claim 1 above, and further in view of Farr (US20070035852A1).
Regarding claim 5, modified Elbaz teaches the device of claim 1, but fails to explicitly disclose wherein the color filter aperture comprises a transparent substrate and a light filtering layer, the transparent substrate comprises an aperture region and an excluded region, the aperture region is a solid structure or a perforated structure of the transparent substrate, the light filtering layer is adapted to block the structured light pattern, the aperture region misaligns with the light filtering layer and is set as the first penetration region, the excluded region is covered by the light filtering layer and set as the second penetration region with the aperture region.
However in the same optical field of endeavor, Farr teaches wherein the color filter aperture comprises a transparent substrate and a light filtering layer (fig. 2B aperture stop 110 comprises the transparent plate 112 and the filters 116 and 114 and opaque film 118 make up the light filtering layer[0017])the transparent substrate comprises an aperture region (fig. 2B the aperture 115 is the aperture region [0017]) and an excluded region (fig. 2B opaque film 118 and the filter portions 114 and 116 [0017])the aperture region is a solid structure or a perforated structure of the transparent substrate (fig. 2B the aperture region is the solid part of the transparent plate), the light filtering layer is adapted to block the structure light pattern ([0017] the opaque film does not permit any light to pass through), the aperture region misaligns with the light filtering layer and is set as the first penetration region (fig. 2B the aperture region 115 is misaligned with the light filtering layer), the excluded region is covered by the light filtering layer and set as the second penetration region with the aperture region (fig. 2B the excluded region is covered by the film 118 and portions 114 and 116).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the device of modified Elbaz with the aperture of Farr, as this would help optimize the optical system in terms of image quality and aberrations (see Farr [0016]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Elbaz in view Saphier, Liu, and Farr as applied to claim 5 above, and further in view Pesach et al., (US20210140763A1).
Regarding claim 6, modified Elbaz teaches the device of claim 5, but fails to explicitly disclose wherein the aperture region is an oval shape, a long axis of the oval shape is parallel to a stripe extension direction of the structured light pattern.
In the same oral optical field of endeavor, Pesach teaches wherein the aperture region is an oval shape, a long axis of the oval shape is parallel to a stripe extension direction of the structured light pattern (fig. 27 the elliptical aperture 270 is parallel to the stripe extension 2702).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the device of modified Elbaz to have such an elliptic aperture as taught by Pesach, as this would improve an overall optical system efficiency (see Pesach [0473]).
Claims 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Elbaz in view Saphier and Liu as applied to claim 2 above, and further in view of Poel et al., (US20150164335A1).
Regarding claim 7, modified Elbaz teaches the device of claim 2, but fails to explicitly disclose wherein the visible beam is a blue light beam, the invisible beam is a near ultraviolet light beam, the excitation beam is red fluorescent and/or green fluorescent, the visible light source and the invisible light source are adapted to respectively emit the visible beam and the invisible beam at the same point of time, or to alternately emit the visible beam and the invisible beam at different points of time.
In the same optical field of endeavor, Poel teaches wherein the visible beam is a blue light beam ([0052] blue diodes), the invisible beam is a near ultraviolet light beam ([0054] ultraviolet LED diodes), the excitation beam is red fluorescent and/or green fluorescent ([0027] red/green emits for emitted fluorescence to be recorded), the visible light source and the invisible light source are adapted to alternately emit the visible beam and the invisible beam at different points of time ([0063]-[0064] the unit shifts between the two light sources so that only the first or second wavelength is emitted at a time).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the device of modified Elbaz with the lights of Poel, as the imaging can be more intense without saturating the image sensor (see Poel [0089]).
Regarding claim 9, modified Elbaz teaches the device of claim 2, wherein Elbaz teaches the invisible light source is an infrared light source ([0034] infrared may be used for penetrative wavelength), but fails to explicitly disclose wherein the visible light source further comprises a blue light emitter and a yellow light emitter.
In the same oral optical field of endeavor, Poel teaches wherein the visible light source further comprises a blue light emitter and a yellow light emitter ([0054] the LED diodes can emit blue and yellow).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the device of modified Elbaz with the lights of Poel, as the imaging can be more intense without saturating the image sensor (see Poel [0089]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Elbaz in view Saphier and Liu as applied to claim 2 above, and further in view of Han et al., (US20130135695A1).
Regarding claim 8, modified Elbaz teaches the device of claim 2, but fails to explicitly disclose wherein the visible light source further comprises a blue light emitter, a green light emitter and a red light emitter, adapted to alternately emit the visible beam belonging to a blue light beam, a green light beam and a red light beam at different points of time, an activated point of time of the invisible light source is different from each activated point of time of the green light emitter and the red light emitter.
In a reference that is pertinent to the problem of time sequencing RGB emitters with a UV emitter faced by the inventor, Han teaches wherein the visible light source further comprises a blue light emitter, a green light emitter and a red light emitter ([0035] LEDs 634a/b/c are red, blue and green), adapted to alternately emit the visible beam belonging to a blue light beam, a green light beam and a red light beam ([0035] LEDs 634a/b/c are red, blue and green) at different points of time ([0036] the LEDS may be captured in succession), an activated point of time of the invisible light source is different from each activated point of time of the green light emitter and the red light emitter ([0037] the UV Light can be activated with only the blue light).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the device of modified Elbaz with the scan timing of Han, as this would reduce the occurrence of metameric failure (see Han [0008]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL Y FANG whose telephone number is (571)272-0952. The examiner can normally be reached Mon - Friday 9:30 am - 6:00pm.
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, Pascal Bui-Pho can be reached at 5712722714. 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.
/MICHAEL YIMING FANG/ Examiner, Art Unit 3798
/PASCAL M BUI PHO/ Supervisory Patent Examiner, Art Unit 3798
Prosecution Insights