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
Claims 1, 2, 4-8, 11, 13, and 14 recite the operator “and/or” which may be interpreted many different ways. In order to prevent any possible ambiguity, it is suggested to amend the claim to use either “and” or “or” rather than and/or. For the purpose of this office action the and/or operator is interpreted as meaning “or”.
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, 4, 6, 8-10, and 14 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 claims 1, 3, 4, 6, 8-10, and 14, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
The inclusion of the term “preferably” indicates a user may or may not choose to incorporate any limitations following this term. As such, any limitations following the word “preferably” will not be deemed required by the claim when making a prior art rejection.
Claim 1 is further rejected under 35 U.S.C. 112(b) for the limitation “acquiring position sensor data”. It is unclear from or of what data is being acquired. For the purposes of this office action any sensor reading will be considered analogous to the limitation in question.
Dependent claims are rejected by virtue of their dependency.
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 (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 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.
Claim(s) 1-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yancey (US 20200352686 A1).
Regarding claim 1, Yancey teaches an oral scanner system comprising an oral scanner ([abst] a system comprising a scanning device is operable by a user to scan teeth of the user to acquire images of the teeth)
an oral health sensor structured and/or arranged for acquiring oral health sensor data from at least a portion of a dentition of a subject during a scanning procedure relating to at least one oral health condition ([0086] scanning device 102 can be any known device capable of capturing images of a 3D object for the purpose of creating a 3D model. In an example embodiment, the scanning device 102 is configured to capture images of a 3D object based on a “depth from stereo” concept (e.g., the depth of the 3D object is determined by comparing images obtained from at least two cameras positioned at angles to the 3D object). The scanning device 102 includes a body 202, a front portion 204, a first camera 206, a second camera 208)
a position detector structured and/or arranged for acquiring position sensor data during the scanning procedure ([0060] scanning circuit 110 can include a wide variety of sensors including, but not limited to, gyroscopes, accelerometers, magnetometers, inertial measurement units (“IMU”), depth sensors, and color sensors; [0061] The communications circuit 112 is communicably coupled to the scanning circuit 110, the machine learning circuit 114, and the analysis circuit 116 and is configured to send communications to, and receive communications from, the mobile device 122…provide images of the scan to the mobile device 122 in real time for the mobile device 122 to display to the patient during the scan)
a processor structured and/or arranged to receive the oral health sensor data and the position sensor data ([0060] The scanning circuit 110 is communicably coupled to the processor 106 and is configured to conduct a scan of one or more objects. In this regard, the scanning circuit 110 gathers images of the object(s) being scanned (e.g., the size, shape, color, depth, tracking distance, and other physical characteristics) such that the data can be provided to other circuits in the scanning device 102 (e.g., the analysis circuit 116 and the machine learning circuit 114). To appropriately scan the target objects, the scanning circuit 110 can include a wide variety of sensors including, but not limited to, gyroscopes, accelerometers, magnetometers, inertial measurement units (“IMU”), depth sensors, and color sensors)
to process the position sensor data to determine a discrete position or location from at least two discrete positions or locations of the at least portion of the dentition at which the oral scanner is currently performing the scanning procedure or has been performing the scanning procedure at a given time instant ([0073] The image recognition circuit 168 is operable to receive the image data from the communications circuit 166 and determine the location of the images for further processing. For example, the image recognition circuit can receive four images of the mouth of a patient, and the four images represent the scan of the entire mouth. The image recognition circuit 168 can determine which image represents the lower right quadrant of the mouth, the lower left quadrant of the mouth, the upper right quadrant of the mouth, and the upper left quadrant of the mouth such that the image recognition circuit 168 organizes the images such that the images can be stitched together)
to assign the oral health sensor data and/or oral health data determined by the processor based on the oral health sensor data to one discrete position or location of the at least two discrete positions or locations to create discretely position-resolved or location-resolved oral health sensor data and/or oral health data ([0134] During the scan, the scanning device 102 may determine that the upper teeth 906 or the lower teeth 908 include dental conditions that require intervention or additional care. For example, the scanning device 102 may find that the user 902 has a cavity 910 on the upper teeth 906. In addition to finding the cavity 910, the scanning device 102 is capable of finding and diagnosing other dental conditions including, but not limited to, cracked teeth, broken crowns, gingivitis, and other dental issues that may require intervention or additional care)
to compare the discretely position-resolved or location-resolved oral health sensor data and/or oral health data with historic discretely position-resolved or location-resolved oral health sensor data and/or historic oral health data, respectively, being stored in a memory of the oral scanner system and having been determined in at least one previous scanning procedure and to generate comparison data, preferably discretely position-resolved or location-resolved comparison data ([0109] the scanning device 102 communicates its position to the mobile application 600 in real time such that the display 602 can superimpose an image of the scanning device 102 with the image 622 and the patient 302 can attempt to match the position on the image to provide for a more accurate scan; [0271] the mobile application may prompt the user to take a photo of only the upper teeth or the lower teeth. Additionally, the mobile application may prompt the use to answer additional medical questions (e.g., medical history, dental history, etc.) during the scan validation process)
and to control a display unit to provide a visualization of the discretely position-resolved or location-resolved oral health sensor data and/or the oral health data at least after the scanning procedure is complete and/or to provide a visualization of the comparison data, preferably the discretely position-resolved or location-resolved comparison data ([0136] Referring to FIG. 24, an illustration of the mobile device application 600 notifying a patient of a dental condition is shown, according to some embodiments. After a determination of a dental condition is determined, the user 902 is notified of the condition on the display 602 of the mobile device 122)
Regarding claim 2, Yancey teaches the processor is structured and/or arranged to provide a position-resolved visualization of the comparison data ([0136] Referring to FIG. 24, an illustration of the mobile device application 600 notifying a patient of a dental condition is shown, according to some embodiments. After a determination of a dental condition is determined, the user 902 is notified of the condition on the display 602 of the mobile device 122)
Regarding claim 3, Yancey teaches the position sensor comprises at least one from the list comprising an accelerometer and a gyroscope, preferably wherein the accelerometer or gyroscope is realized as a MEMS sensor ([0060] The scanning circuit 110 is communicably coupled to the processor 106 and is configured to conduct a scan of one or more objects. In this regard, the scanning circuit 110 gathers images of the object(s) being scanned (e.g., the size, shape, color, depth, tracking distance, and other physical characteristics) such that the data can be provided to other circuits in the scanning device 102 (e.g., the analysis circuit 116 and the machine learning circuit 114). To appropriately scan the target objects, the scanning circuit 110 can include a wide variety of sensors including, but not limited to, gyroscopes, accelerometers, magnetometers, inertial measurement units (“IMU”), depth sensors, and color sensors)
Regarding claim 4, Yancey teaches the processor is structured and/or arranged to assign the oral health sensor data and/or the oral health data to the determined discrete position or location at which the oral scanner is currently performing the scanning procedure so that the oral health sensor data and/or the oral health data becomes position resolved or location resolved, and preferably to compare the position resolved or location resolved oral health sensor data and/or the position resolved or location resolved oral health data with historic position resolved or location resolved oral health sensor data and/or historic position resolved or location resolved oral health data being stored in a memory and having been determined in at least one previous scanning procedure to generate position resolved or location resolved comparison data ([0109] The mobile application 600 displays a message 616 prompting the patient 302 to begin the scan by pressing the start button 618. Upon pressing the start button 618, the message 620 is displayed to provide the patient 302 with instructions as to how to conduct the scan. An image 622 is also shown on the display to guide the patient 302 during the scan. In some embodiments, the image 622 is a short video showing the patient 302 how to conduct the scan. In some embodiments, the scanning device 102 communicates its position to the mobile application 600 in real time such that the display 602 can superimpose an image of the scanning device 102 with the image 622 and the patient 302 can attempt to match the position on the image to provide for a more accurate scan. In some arrangements, a confidence level is shown on the display 602. The confidence level provides the user with real time feedback regarding the accuracy of the scan. For example, the display 602 may indicate that the confidence level during the scan is 40%. Furthermore, the message may be highlighted in red to indicate that the confidence level is low for an accurate scan. As another example, the display 602 may indicate that the confidence level during the scan is 95%, and the message may be highlighted in green to indicate that the confidence level is high for an accurate scan. The scanning device 102 or application may alert the scanner when the confidence level does not meet a threshold (e.g., an audio, visual, or tactile alert when the confidence level is less than 95%))
Regarding claim 5, Yancey teaches the processor is structured and/or arranged to control the feedback unit to provide user-perceptible feedback about the position resolved or location resolved oral health sensor data and/or the position resolved or location resolved oral health data ([0136] Referring to FIG. 24, an illustration of the mobile device application 600 notifying a patient of a dental condition is shown, according to some embodiments. After a determination of a dental condition is determined, the user 902 is notified of the condition on the display 602 of the mobile device 122. In the case where the user 902 has a cavity, the display 602 will display the message 1002 indicating that the user 902 has a cavity. The location of the cavity is indicated in an image 1004 that indicates a highlighted portion 1006 showing where the cavity is located. In some embodiments, the user 902 can be connected directly to a dental practitioner that can provide additional assistance to the user 902. For example, the dental practitioner may provide the user 902 with information as to how to manage the cavity until the user 902 can go to a practitioner to fix the cavity. In cases where intervention is not immediately necessary, the display 602 may provide other messages to help the user manage the dental condition. For example, if a determination is made that the user 902 has receding gums, the display 602 may display a message to the user 902 as to how to care for the receding gums to prevent the condition from worsening. The user may also be able to connect to a dental practitioner to provide additional assistance with managing the condition)
Regarding claim 6, Yancey teaches the processor is structured and/or arranged to control the feedback unit to provide user-perceptible feedback about the position resolved or location resolved comparison data, preferably visually perceptible feedback ([0136] Referring to FIG. 24, an illustration of the mobile device application 600 notifying a patient of a dental condition is shown, according to some embodiments. After a determination of a dental condition is determined, the user 902 is notified of the condition on the display 602 of the mobile device 122. In the case where the user 902 has a cavity, the display 602 will display the message 1002 indicating that the user 902 has a cavity. The location of the cavity is indicated in an image 1004 that indicates a highlighted portion 1006 showing where the cavity is located. In some embodiments, the user 902 can be connected directly to a dental practitioner that can provide additional assistance to the user 902. For example, the dental practitioner may provide the user 902 with information as to how to manage the cavity until the user 902 can go to a practitioner to fix the cavity. In cases where intervention is not immediately necessary, the display 602 may provide other messages to help the user manage the dental condition. For example, if a determination is made that the user 902 has receding gums, the display 602 may display a message to the user 902 as to how to care for the receding gums to prevent the condition from worsening. The user may also be able to connect to a dental practitioner to provide additional assistance with managing the condition)
Regarding claim 7, Yancey teaches the processor is structured and/or arranged to either process the oral health sensor data to determine oral health data relating to the at least one oral health condition, to classify the oral health data with respect to at least two condition classes relating to the at least one oral health condition and to determine one condition class from the at least two condition classes to which the oral health data belongs, or to classify the oral health sensor data with respect to at least two condition classes relating to the at least one oral health condition and to determine one condition class from the at least two condition classes to which the oral health sensor data belongs ([0134] During the scan, the scanning device 102 may determine that the upper teeth 906 or the lower teeth 908 include dental conditions that require intervention or additional care. For example, the scanning device 102 may find that the user 902 has a cavity 910 on the upper teeth 906. In addition to finding the cavity 910, the scanning device 102 is capable of finding and diagnosing other dental conditions including, but not limited to, cracked teeth, broken crowns, gingivitis, and other dental issues that may require intervention or additional care)
Regarding claim 8, Yancey teaches the processor is structured and/or arranged to classify the position resolved or location resolved oral health sensor data and/or the position resolved or location resolved oral health data with respect to at least two condition classes relating to the at least one oral health condition, preferably based on classification requirements that are different for at least two positions or locations of the at least two positions or locations of the at least portion of the oral cavity ([0134] During the scan, the scanning device 102 may determine that the upper teeth 906 or the lower teeth 908 include dental conditions that require intervention or additional care. For example, the scanning device 102 may find that the user 902 has a cavity 910 on the upper teeth 906. In addition to finding the cavity 910, the scanning device 102 is capable of finding and diagnosing other dental conditions including, but not limited to, cracked teeth, broken crowns, gingivitis, and other dental issues that may require intervention or additional care).
Regarding claim 9, Yancey teaches historic classification data is stored in the memory, preferably wherein the historic classification data includes at least one historic condition class determined in at least one previous scanning procedure, further preferably wherein the historic classification data includes at least two historic position resolved or location-resolved condition classes determined in at least one previous scanning procedure ([0059] the memory 108 may store various data and software used during operation of the scanning device 102, such as operating systems, applications, programs, libraries, and drivers. The memory 108 is communicatively coupled to the processor 106 such that the processor 106 can execute files located in the memory 108; [0271] In some embodiments, the mobile application may prompt the user to take a photo of only the upper teeth or the lower teeth. Additionally, the mobile application may prompt the use to answer additional medical questions (e.g., medical history, dental history, etc.) during the scan validation process)
Regarding claim 10, Yancey teaches the oral health sensor comprises an optical sensor, preferably an M time N array of light sensitive sensor elements ([0086] scanning device 102 can be any known device capable of capturing images of a 3D object for the purpose of creating a 3D model. In an example embodiment, the scanning device 102 is configured to capture images of a 3D object based on a “depth from stereo” concept (e.g., the depth of the 3D object is determined by comparing images obtained from at least two cameras positioned at angles to the 3D object). The scanning device 102 includes a body 202, a front portion 204, a first camera 206, a second camera 208)
Regarding claim 11, Yancey teaches the oral health sensor is a camera for acquiring image data and wherein the processor is structured and/or arranged to process the image data to derive the oral health data as a set of numerical values in a position resolved or location resolved manner ([0086] scanning device 102 can be any known device capable of capturing images of a 3D object for the purpose of creating a 3D model. In an example embodiment, the scanning device 102 is configured to capture images of a 3D object based on a “depth from stereo” concept (e.g., the depth of the 3D object is determined by comparing images obtained from at least two cameras positioned at angles to the 3D object). The scanning device 102 includes a body 202, a front portion 204, a first camera 206, a second camera 208)
Regarding claim 12, Yancey teaches the display unit is realized as or by a separate device such as the separate device is a computer, a notebook, a laptop, a tablet, a smartphone, or a smart watch ([0082] As described with reference to FIG. 1A, the communication circuit 132 of the mobile device 122 sends signals (e.g., radio signals containing data related to a scan) from the mobile device 122 to communicate with the cloud server 142).
Regarding claim 13, Yancey teaches the oral scanner comprises a communicator and the display unit comprises a communicator and the communicators are structured and/or arranged for at least a unidirectional wireless communication from the oral scanner to the display unit ([0061] The communications circuit 112 is communicably coupled to the scanning circuit 110, the machine learning circuit 114, and the analysis circuit 116 and is configured to send communications to, and receive communications from, the mobile device 122)
Regarding claim 14, Yancey teaches the feedback unit is structured and arranged to visualize a depiction of the at least portion of the oral cavity, preferably comprising at least a visualization of the dentition virtually separated into at least two discrete segments representing the at least two positions or locations, and wherein at least the oral health sensor data and/or the oral health data, preferably for at least two of the at least two positions or locations, and the comparison data is additionally visualized, preferably wherein at least the oral health sensor data and/or oral health data is visually overlaid onto the depiction of the dentition or where the depiction of the dentition is amended based on at least the oral health sensor data and/or the oral health data ([0136] Referring to FIG. 24, an illustration of the mobile device application 600 notifying a patient of a dental condition is shown, according to some embodiments. After a determination of a dental condition is determined, the user 902 is notified of the condition on the display 602 of the mobile device 122. In the case where the user 902 has a cavity, the display 602 will display the message 1002 indicating that the user 902 has a cavity. The location of the cavity is indicated in an image 1004 that indicates a highlighted portion 1006 showing where the cavity is located. In some embodiments, the user 902 can be connected directly to a dental practitioner that can provide additional assistance to the user 902. For example, the dental practitioner may provide the user 902 with information as to how to manage the cavity until the user 902 can go to a practitioner to fix the cavity. In cases where intervention is not immediately necessary, the display 602 may provide other messages to help the user manage the dental condition. For example, if a determination is made that the user 902 has receding gums, the display 602 may display a message to the user 902 as to how to care for the receding gums to prevent the condition from worsening. The user may also be able to connect to a dental practitioner to provide additional assistance with managing the condition)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIEL VICTOR POPESCU whose telephone number is (571)272-7065. The examiner can normally be reached M-F 8AM-5PM.
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, Anne Kozak can be reached at (571) 270-0552. 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.
/GABRIEL VICTOR POPESCU/Examiner, Art Unit 3797
/SERKAN AKAR/Primary Examiner, Art Unit 3797
Prosecution Insights