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 and 8 are objected to because of the following informalities:
In claim 1, line 7, “an oral care device” should read “the oral care device”.
In claim 8, lines 6-7, “a pressure or force applied by the oral care device against a surface at a given discrete position or location” should read “the pressure or force applied by the oral care device against the surface at the given discrete position or location”.
Appropriate correction is required.
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 3, 5, 7-11, and 13 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 pre-AIA the applicant regards as the invention.
Claims 3, 5, 7-11, and 13 recite the "preferably”. This recitation makes the claims indefinite because the intended scope of the claims is unclear. Description of examples or preferences is properly set forth in the specification rather than the claims. If stated in the claims, examples and preferences may lead to confusion over the intended scope of a claim. See MPEP 2173.05(d). For examination purposes, Examiner of record interprets the recitations that follow after the "preferably” as mere preferences not affecting the scope of the claim(s).
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).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1 and 3-5 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of copending Application No. 19015080. Although the claims at issue are not identical, they are not patentably distinct from each other because all limitations of independent claim 1 of the instant application are in claim 14 of copending Application No. 19015080. In particular, claim 14 of copending Application No. 19015080 recites: “14. The oral scanner system in accordance with claim 13, further comprising an oral care device having a device communicator and wherein the processor is structured and/or arranged to determine at the end of the scanning procedure control data based on the oral health sensor data acquired during the scanning procedure, and preferably to send the control data to the oral care device, and wherein the oral care device is structured and/or arranged to select at least one operational setting from at least two operational settings of the oral care device in dependence on the control data.”.
19015042
#1. An oral scanner system comprising:
an oral scanner being structured and/or arranged for performing a scanning procedure of at least a portion of an oral cavity of a subject using an oral health sensor structured and/or arranged for outputting oral health sensor data acquired during the scanning procedure;
19015080
1. An oral scanner system comprising:
an oral scanner having at least one oral health sensor structured and/or arranged for outputting oral health sensor data relating to at least one oral health condition, the oral scanner being structured and/or arranged for performing a scanning procedure of at least a portion of an oral cavity of a subject using the oral health sensor for acquiring the oral health sensor data;
19015042
a processor structured and/or arranged to receive the oral health sensor data (to determine control data for an oral care device in dependence on the oral health sensor data;)
19015080
Claim 1
a processor structured and/or arranged
to receive the oral health sensor data, and
19015042
to determine control data for an oral care device in dependence on the oral health sensor data
19015080
14. The oral scanner system in accordance with claim 13, further comprising an oral care device having a device communicator and wherein the processor is structured and/or arranged to determine at the end of the scanning procedure control data based on the oral health sensor data acquired during the scanning procedure, and preferably to send the control data to the oral care device,
19015042
an oral care device different to the oral scanner structured and/or arranged for performing an oral care activity, the oral care device comprising at least two different operational settings;
the oral care device is structured and/or arranged to select at least one of the at least two operational settings based on the control data in a subsequent oral care activity performed by the oral care device after the scanning procedure
19015080
Claim 14
further comprising an oral care device… and wherein the oral care device is structured and/or arranged to select at least one operational setting from at least two operational settings of the oral care device in dependence on the control data.
19015042
wherein the processor is coupled with a processor communicator and the oral care device comprises a device communicator, where the processor communicator and the device communicator are structured and/or arranged for at least unidirectional communication from the processor to the oral care device;
wherein the processor is structured and/or arranged to send the control data to the oral care device; and
19015080
14. The oral scanner system in accordance with claim 13, further comprising an oral care device having a device communicator and wherein the processor is structured and/or arranged …and preferably to send the control data to the oral care device
Other claims correspond to claims of copending Application No. 19015080 as follows.
Claims 3-5 correspond to claim 14 of copending Application No. 19015080.
This is a provisional nonstatutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Claims 1 and 3-5 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of copending Application No. 19015062. Although the claims at issue are not identical, they are not patentably distinct from each other because all limitations of independent claim 1 of the instant application are in claim 14 of copending Application No. 19015062. In particular, claim 14 of copending Application No. 19015062 recites: “14. The oral scanner system in accordance with claim 13, further comprising an oral care device having a device communicator and wherein the processor is structured and/or arranged to determine at the end of the scanning procedure control data based on the oral health sensor data acquired during the scanning procedure, and preferably to send the control data to the oral care device, and wherein the oral care device is structured and/or arranged to select at least one from at least two operational settings of the oral care device in dependance on the control data.”.
19015042
#1. An oral scanner system comprising:
an oral scanner being structured and/or arranged for performing a scanning procedure of at least a portion of an oral cavity of a subject using an oral health sensor structured and/or arranged for outputting oral health sensor data acquired during the scanning procedure;
19015062
1. An oral scanner system comprising:
an oral scanner structured and/or arranged for performing a scanning procedure of at least a portion of an oral cavity using at least one oral health sensor structured and/or arranged for outputting oral health sensor data acquired during the scanning procedure relating to at least one oral health condition;
19015042
a processor structured and/or arranged to receive the oral health sensor data (to determine control data for an oral care device in dependence on the oral health sensor data;)
19015062
Claim 1
a processor structured and/or arranged to receive the oral health sensor data
19015042
to determine control data for an oral care device in dependence on the oral health sensor data
an oral care device different to the oral scanner structured and/or arranged for performing an oral care activity
19015062
14. The oral scanner system in accordance with claim 13, further comprising an oral care device having a device communicator and wherein the processor is structured and/or arranged to determine at the end of the scanning procedure control data based on the oral health sensor data acquired during the scanning procedure, and preferably to send the control data to the oral care device
19015042
the oral care device comprising at least two different operational settings;
the oral care device is structured and/or arranged to select at least one of the at least two operational settings based on the control data in a subsequent oral care activity performed by the oral care device after the scanning procedure
19015062
Claim 14
and wherein the oral care device is structured and/or arranged to select at least one from at least two operational settings of the oral care device in dependance on the control data.
19015042
wherein the processor is coupled with a processor communicator and the oral care device comprises a device communicator, where the processor communicator and the device communicator are structured and/or arranged for at least unidirectional communication from the processor to the oral care device;
wherein the processor is structured and/or arranged to send the control data to the oral care device; and
19015062
14. The oral scanner system in accordance with claim 13, further comprising an oral care device having a device communicator and wherein the processor is structured and/or arranged to determine at the end of the scanning procedure control data based on the oral health sensor data acquired during the scanning procedure, and preferably to send the control data to the oral care device, and wherein the oral care device is structured and/or arranged to select at least one from at least two operational settings of the oral care device in dependance on the control data.
Other claims correspond to claims of copending Application No. 19015062 as follows.
Claims 3-5 correspond to claim 14 of copending Application No. 19015062.
This is a provisional nonstatutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
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 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 1-7 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kopelman (US 20180168780), hereinafter Kopelman.
Regarding claim 1, Kopelman teaches a oral scanner system (100) comprising:
an oral scanner (160) (180) being structured and/or arranged for performing a scanning procedure (“an intraoral scan procedure” [0072]) of at least a portion of an oral cavity of a subject (“intraoral images of a patient” [0073]) using an oral health sensor (“a charge-coupled device (CCD) sensor and/or a complementary metal-oxide semiconductor (CMOS) sensor” [0058]; “an image sensor” [0073]) structured and/or arranged for outputting oral health sensor data (162) (“intraoral images” [0073]) acquired during the scanning procedure (“the AR system 100 includes an intraoral scanner 180. The computing device 105 may be a computing device connected to the intraoral scanner 180 that includes an intraoral scan application 109 for controlling an intraoral scan procedure. The AR display 150 may be an AR display for the intraoral scanner 180.” [0072]; “the intraoral scanner 180 includes an image sensor, a communication module and one or more inputs (e.g., buttons, a touch sensor, switches, sliders, etc.). The image sensor generates intraoral images of a patient and the communication module transmits those intraoral images to computing device 105.” [0073]; “Intraoral scanner 180 may include a probe (e.g., a hand held probe) for optically capturing three dimensional structures (e.g., by confocal focusing of an array of light beams). Intraoral scanner 180 may also include other components such as optical components, an accelerometer, communication components, a gyroscope, processing devices, and so on. One example of an intraoral scanner 180 is the iTero® intraoral digital scanner manufactured by Align Technology, Inc.” [0074] “The intraoral scanner 180 may be used to perform an intraoral scan of a patient's oral cavity.” [0075]; “AR processing module 108 receives as an input image data 162 from image capture device 160 associated with AR display 150, processes the image data 162” [0086]; Figs. 1A-B);
a processor (105) (120) structured and/or arranged to receive the oral health sensor data to determine control data (data to “control” [0069]) for an oral care device (one of “the tools” [0069] “a drill or other dental tool” [0134]) (“the treatment control module 120 may also control one or more dental tools or instruments that are used by a dental practitioner during treatment.” [0069]; “The image sensor generates intraoral images of a patient and the communication module transmits those intraoral images to computing device 105.” [0073]; Fig. 1A) in dependence on the oral health sensor data (“The treatment control module 120 may additionally or alternatively power on or off the drill (or other dental tool) based on a position and/or orientation of the drill (or other dental tool). The treatment control module 120 may additionally or alternatively control other settings of a drill or other dental tool based on the position and/or orientation of the drill or other dental tool as determined from the image data 162. For example, an intensity setting for a laser drill may be adjusted based on the position and/or orientation of the laser drill. Similarly, in an interproximal reduction procedure, the treatment control module 120 may cause a grinding tool to stop grinding if a planned amount of material has been removed.” [0134]);
an oral care device different to the oral scanner (one of “the tools” [0069]; “a drill or other dental tool” [0134]) structured and/or arranged for performing an oral care activity (“an interproximal reduction procedure” [0134]; “dental drilling, a tooth grinding” [0135]), the oral care device comprising at least two different operational settings (“power on or off the drill (or other dental tool)” [0134]);
wherein the processor is coupled with a processor communicator (a processor communicator to “communicate” [0075]) (“the computing device 105 may be separate from the AR display 150, but connected through either a wired or wireless connection to a processing device in the AR display 150.” [0054] “The image capture device may be or include a charge-coupled device (CCD) sensor and/or a complementary metal-oxide semiconductor (CMOS) sensor. The image capture device 160 may provide images or video to the computing device 105 for processing…The image capture device 160 may transmit the discrete images or video to the computing device 105.” [0058]; “Intraoral scan application 109 running on computing device 105 may communicate with intraoral scanner 180 to effectuate the intraoral scan.” [0075]; Fig. 1A) and
the oral care device comprises a device communicator (a device communicator to enable “control or … feedback” [0219]; and to “activate the dental tool and/or adjust one or more settings of the dental tool.” [0228], where the processor communicator and the device communicator are structured and/or arranged for at least unidirectional communication from the processor to the oral care device (at least unidirectional communication is required to “adjust one or more settings of the dental tool.” [0228]) wherein the processor is structured and/or arranged to send the control data to the oral care device (“the AR system may perform operations as described with reference to FIG. 18 to provide control or provide feedback to operations of a dental drill during a treatment or procedure performed by a dental practitioner.” [0219] “At block 2045, processing logic may activate the dental tool and/or adjust one or more settings of the dental tool.” [0228]); and
the oral care device is structured and/or arranged to select at least one of the at least two operational settings (“changing settings of the tools,” [0069]) based on the control data (data of the “control module 120”) in a subsequent oral care activity (“treatment” [0069]) performed by the oral care device after the scanning procedure (“the treatment control module 120 may also control one or more dental tools or instruments that are used by a dental practitioner during treatment. This may include powering on the tools, powering off the tools, changing settings of the tools,” [0069]).
Regarding claim 2, Kopelman teaches the oral scanner system in accordance with claim 1, wherein the processor communicator and the device communicator are structured and/or arranged for wireless communication (“the computing device 105 may be separate from the AR display 150, but connected through …. wireless connection to a processing device in the AR display 150.” [0054]; Fig. 1A).
Regarding claim 3, Kopelman teaches the oral scanner system in accordance with claim 1, wherein the oral health sensor is an optical sensor (“The image capture device may be or include a charge-coupled device (CCD) sensor and/or a complementary metal-oxide semiconductor (CMOS) sensor.” [0058]).
Regarding claim 4, Kopelman teaches the oral scanner system in accordance with claim 1, further comprising a position detector (“an accelerometer, …, a gyroscope” [0074]) structured and/or arranged for outputting position sensor data relating to a position or location at which the oral scanner is currently performing the scanning procedure or performed the scanning procedure at a given time instant (“Intraoral scanner 180 may also include other components such as … an accelerometer, …, a gyroscope, processing devices,” [0074]; Figs. 1A-B); and
wherein the processor is structured and/or arranged to receive the position sensor data (data from the “accelerometer, … a gyroscope,” [0074]), to determine at least one discrete position or location from at least two discrete positions or locations of the at least portion of the oral cavity at which the oral scanner is currently performing the scanning procedure or performed the scanning procedure at the given time instant (“virtual 3D models generated from intraoral scan data” [0065]; “a virtual 3D model generated based on an intraoral scan while the intraoral scan is being performed.” [0071]; “While in the scan mode, intraoral scan application 109 may register and stitch together intraoral images from the intraoral scanner 180 and generate a partial virtual 3-D model of a portion of a dental arch that has been scanned thus far.” [0080]), to assign the oral health sensor data to the one discrete position or location from the at least two positions or locations determined by the processor and to determine the control data in a position-resolved or location-resolved manner (“The treatment control module 120 may additionally or alternatively control other settings of a drill or other dental tool based on the position and/or orientation of the drill or other dental tool as determined from the image data 162. For example, an intensity setting for a laser drill may be adjusted based on the position and/or orientation of the laser drill. Similarly, in an interproximal reduction procedure, the treatment control module 120 may cause a grinding tool to stop grinding if a planned amount of material has been removed.” [0134]).
Regarding claim 5, Kopelman teaches the oral scanner system in accordance with claim 4, wherein the position sensor comprises at least one of an accelerometer or gyroscope (“Intraoral scanner 180 may also include other components such as … an accelerometer, …, a gyroscope,” [0074]; Figs. 1A-B).
Regarding claim 6, Kopelman teaches the oral scanner system in accordance with claim 4, further comprising an oral care device position sensor (“accelerometers, gyroscopes” [0146]) structured and/or arranged to output oral care device position sensor data relating to a position or location at which the oral care device is currently performing an oral care activity (“dental tools include sensors that may be used to facilitate tracking of the dental tools. This may increase an accuracy of tracking the dental tools verses relying solely on tracking of the dental tools from the image data 162. For example, dental tools may include accelerometers, gyroscopes” [0146]).
Regarding claim 7, Kopelman teaches the oral scanner system in accordance with claim 1, wherein the oral care device is structured and/or arranged to select one of the at least two different operational settings in a position-dependent or location-dependent manner based on the control data (“The treatment control module 120 may additionally or alternatively control other settings of a drill or other dental tool based on the position and/or orientation of the drill or other dental tool as determined from the image data 162. For example, an intensity setting for a laser drill may be adjusted based on the position and/or orientation of the laser drill. Similarly, in an interproximal reduction procedure, the treatment control module 120 may cause a grinding tool to stop grinding if a planned amount of material has been removed.” [0134]).
Regarding claim 14, Kopelman teaches an oral scanner system (100) comprising:
an oral scanner (160) (180) being structured and/or arranged for performing an optical scanning procedure (“an intraoral scan procedure” [0072]) of at least a portion of an oral cavity of a subject (“intraoral images of a patient” [0073]) using an oral health sensor (“a charge-coupled device (CCD) sensor and/or a complementary metal-oxide semiconductor (CMOS) sensor” [0058]; “an image sensor” [0073]) comprising a camera (“The image capture device 160 may include high definition cameras to accurately capture the structure of areas of interest of a patient.” [0060]) structured and/or arranged for outputting image data (162) (“intraoral images” [0073]) acquired during the optical scanning procedure (“the AR system 100 includes an intraoral scanner 180. The computing device 105 may be a computing device connected to the intraoral scanner 180 that includes an intraoral scan application 109 for controlling an intraoral scan procedure. The AR display 150 may be an AR display for the intraoral scanner 180.” [0072]; “the intraoral scanner 180 includes an image sensor, a communication module and one or more inputs (e.g., buttons, a touch sensor, switches, sliders, etc.). The image sensor generates intraoral images of a patient and the communication module transmits those intraoral images to computing device 105.” [0073]; “Intraoral scanner 180 may include a probe (e.g., a hand held probe) for optically capturing three dimensional structures (e.g., by confocal focusing of an array of light beams). Intraoral scanner 180 may also include other components such as optical components, an accelerometer, communication components, a gyroscope, processing devices,” [0075]; “AR processing module 108 receives as an input image data 162 from image capture device 160 associated with AR display 150, processes the image data 162” [0086]; Figs. 1A-B);
a position detector structured and/or arranged for outputting position sensor data during the optical scanning procedure, wherein the position sensor comprises at least one of an accelerometer or a gyroscope (“Intraoral scanner 180 may also include other components such as optical components, an accelerometer, communication components, a gyroscope, processing devices,” [0075]; Fig. 1A);
a processor (105) (120) structured and/or arranged to receive the image data (“AR processing module 108 receives as an input image data 162 from image capture device 160 associated with AR display 150, processes the image data 162” [0086]; Figs. 1A-B)
and to receive the position sensor data (data from the “accelerometer, … a gyroscope,” [0074]), to determine at least one discrete position or location from at least two discrete positions or locations of the at least portion of the oral cavity at which the oral scanner is currently performing the scanning procedure or performed the scanning procedure at a given time instant (“virtual 3D models generated from intraoral scan data” [0065]; “a virtual 3D model generated based on an intraoral scan while the intraoral scan is being performed.” [0071]; “While in the scan mode, intraoral scan application 109 may register and stitch together intraoral images from the intraoral scanner 180 and generate a partial virtual 3-D model of a portion of a dental arch that has been scanned thus far.” [0080]), and to determine control data (data to “control” [0069]) (“the treatment control module 120 may also control one or more dental tools or instruments that are used by a dental practitioner during treatment.” [0069]; “The image sensor generates intraoral images of a patient and the communication module transmits those intraoral images to computing device 105.” [0073]; Fig. 1A) in a position-resolved or location-resolved manner based on the image data (“The treatment control module 120 may additionally or alternatively control other settings of a drill or other dental tool based on the position and/or orientation of the drill or other dental tool as determined from the image data 162. For example, an intensity setting for a laser drill may be adjusted based on the position and/or orientation of the laser drill. Similarly, in an interproximal reduction procedure, the treatment control module 120 may cause a grinding tool to stop grinding if a planned amount of material has been removed.” [0134]);
an oral care device different to the oral scanner (one of “the tools” [0069]; “a drill or other dental tool” [0134]) structured and/or arranged for performing an oral care activity (“an interproximal reduction procedure” [0134]; “dental drilling, a tooth grinding” [0135]), the oral care device comprising at least two different operational settings (“power on or off the drill (or other dental tool)” [0134]);
wherein the processor is coupled with a processor communicator (a processor communicator to “communicate” [0075]) (“the computing device 105 may be separate from the AR display 150, but connected through either a wired or wireless connection to a processing device in the AR display 150.” [0054] “The image capture device may be or include a charge-coupled device (CCD) sensor and/or a complementary metal-oxide semiconductor (CMOS) sensor. The image capture device 160 may provide images or video to the computing device 105 for processing…The image capture device 160 may transmit the discrete images or video to the computing device 105.” [0058]; “Intraoral scan application 109 running on computing device 105 may communicate with intraoral scanner 180 to effectuate the intraoral scan.” [0075]; Fig. 1A) and
the oral care device comprises a device communicator (a device communicator to enable “control or … feedback” [0219]; and to “activate the dental tool and/or adjust one or more settings of the dental tool.” [0228], where the processor communicator and the device communicator are structured and/or arranged for at least unidirectional wireless communication (“wireless connection” [0054]) from the processor to the oral care device (at least unidirectional communication is required to “adjust one or more settings of the dental tool.” [0228]) wherein the processor is structured and/or arranged to send the control data to the oral care device (“the AR system may perform operations as described with reference to FIG. 18 to provide control or provide feedback to operations of a dental drill during a treatment or procedure performed by a dental practitioner.” [0219] “At block 2045, processing logic may activate the dental tool and/or adjust one or more settings of the dental tool.” [0228]); and
the oral care device is structured and/or arranged to select at least one of the at least two operational settings (“changing settings of the tools,” [0069]) based on the control data (data of the “control module 120”) in a subsequent oral care activity (“treatment” [0069]) performed by the oral care device subsequent to the scanning procedure (“the treatment control module 120 may also control one or more dental tools or instruments that are used by a dental practitioner during treatment. This may include powering on the tools, powering off the tools, changing settings of the tools,” [0069]).
Claim Rejections - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claims 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kopelman as applied to claim 1, and further in view of Vetter et al (US20190090999), hereinafter, Vetter.
Regarding claim 8, Kopelman teaches the oral scanner system in accordance with claim 1.
While teaching determining feedback (“AOI identifying modules 115 may generate haptic feedback areas based on the identified AOIs. The haptic feedback areas may correspond to the locations of the AOIs and/or may be near the AOIs.” [0144]) and a pressure or force applied by the oral care device against a surface such as a tooth surface at a given discrete position or location (“At block 2110 of method 2100, processing logic receives image data of a dental arch from an augmented reality devices' image capture device. At block 2120, processing logic receives a treatment plan. The treatment plan may be, for example, an orthodontic treatment plan that indicates forces to be applied to teeth at various stages of treatment. Some types of forces may be improved by adding attachments to teeth. For example, attachments may improve some rotational forces on teeth.” [0230]; Fig. 21),
Kopelman does not teach that the at least two operational settings comprise two different threshold value settings to be applied for determining feedback about a pressure or force applied by the oral care device against a surface such as a tooth surface at a given discrete position or location, preferably wherein the at least two operational settings comprise two different position-resolved or location-resolved sets of threshold value settings to be applied for determining feedback about a pressure or force applied by the oral care device against a surface at a given discrete position or location.
However, in the personal-hygiene systems field of endeavor, Vetter discloses a personal-hygiene system, which is analogous art. Vetter teaches that the at least two operational settings comprise two different threshold value settings (“two threshold values” [0022]) to be applied for determining feedback about a pressure or force (“the user may receive an indication that the applied pressure is too low” [0041]) applied by the oral care device against a surface such as a tooth surface at a given discrete position or location (“E.g. the stored value of the position resolved treatment data may be the averaged contact pressure and then the control unit would only display a treatment advice (i.e. instruction) if the averaged contact pressure for the current position is above the first threshold value. The control unit may also compare with two threshold values and may base the action on whether the current value is only above the first threshold but not above the second threshold or whether the current value is also above the second threshold value. Thus, the control unit can provide an escalated action system.” [0022]. “Too low pressure does not lead to effective cleaning and too high pressure may affect the gum health. As one option, the processor unit may apply a first threshold value V.sub.0 for the treatment parameter under which the treatment time would not be counted (respective time periods would not be accumulated—the user may receive an indication that the applied pressure is too low). In the example shown in FIG. 3B, all treatment parameter values V(t) were always above this threshold value V.sub.0. A second threshold value V.sub.1 is shown in FIG. 3B, which second threshold value V.sub.1 may have been set to indicate that the applied treatment pressure is too high.” [0041] FIG. 3B).
Therefore, based on Vetter’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Kopelman to have the at least two operational settings comprise two different threshold value settings to be applied for determining feedback about a pressure or force applied by the oral care device against a surface such as a tooth surface at a given discrete position or location, preferably wherein the at least two operational settings comprise two different position-resolved or location-resolved sets of threshold value settings to be applied for determining feedback about a pressure or force applied by the oral care device against a surface at a given discrete position or location, as taught by Vetter, in order to improve the oral care safety and quality.
Regarding claim 9, Kopelman modified by Vetter teaches the oral scanner system in accordance with claim 8.
Kopelman does not teach that the at least two operational settings comprise at least two different timer values to be applied for feedback about a sufficient oral care activity period.
However, in the personal-hygiene systems field of endeavor, Vetter discloses a personal-hygiene system, which is analogous art. Vetter teaches that the at least two operational settings comprise at least two different timer values (“a predetermined time period” [0029]; “A threshold value T.sub.a… a certain time period” [0042]) to be applied for feedback (“a visually, audibly, or tangibly perceivable signal” [0030]; “an audibly perceivable feedback to the user” [0031]) about a sufficient oral care activity period (“changing a frequency or amplitude of a driven treatment head at least for a predetermined time period” [0029]; “the columns may indicated that the overall treatment time in position zones 4 and 5 is too short by 10 seconds per treatment session. Hence, when the user currently brushes in positions zones 4 or 5, an advice to brush longer in the current zone may be displayed as triggered action, but only for a certain time period that will not be in conflict with the increase that is to be achieved.” [0042]; FIG. 3C).
Therefore, based on Vetter’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Kopelman to have the at least two operational settings that comprise at least two different timer values to be applied for feedback about a sufficient oral care activity period, as taught by Vetter, in order to improve the oral care safety and quality.
Regarding claim 10, Kopelman modified by Vetter teaches the oral scanner system in accordance with claim 9.
Kopelman does not teach that the at least two operational settings comprise two different motion settings to be applied for moving an oral care device head of the oral care device.
However, in the personal-hygiene systems field of endeavor, Vetter discloses a personal-hygiene system, which is analogous art. Vetter teaches that the at least two operational settings comprise two different motion settings to be applied for moving an oral care device head of the oral care device (“changing a frequency or amplitude of a driven treatment head at least for a predetermined time period” [0029]).
Therefore, based on Vetter’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Kopelman to have the at least two operational settings that comprise two different motion settings to be applied for moving an oral care device head of the oral care device, as taught by Vetter, in order to improve the oral care safety and quality.
Regarding claim 11, Kopelman modified by Vetter teaches the oral scanner system in accordance with claim 10.
Kopelman does not teach that the at least two different operational settings comprise two different feedback modes where in one feedback mode a user-perceptible information is fed back to the user in operation, while in the other feedback mode the user-perceptible information is not fed back to the user.
However, in the personal-hygiene systems field of endeavor, Vetter discloses a personal-hygiene system, which is analogous art. Vetter teaches that the at least two different operational settings comprise two different feedback modes where in one feedback mode a user-perceptible information is fed back to the user in operation (“a tangibly perceivable indication is triggered by the control unit if the current value is above the second threshold value.”, [0022]), while in the other feedback mode the user-perceptible information is not fed back to the user (“The control unit may also compare with two threshold values and may base the action on whether the current value is only above the first threshold but not above the second threshold or whether the current value is also above the second threshold value. Thus, the control unit can provide an escalated action system. E.g. only an instruction is displayed if the current treatment parameter value lies between first and second threshold values, but also a tangibly perceivable indication is triggered by the control unit if the current value is above the second threshold value.” [0022]).
Therefore, based on Vetter’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Kopelman to have the at least two different operational settings that comprise two different feedback modes where in one feedback mode a user-perceptible information is fed back to the user in operation, while in the other feedback mode the user-perceptible information is not fed back to the user, as taught by Vetter, in order to improve the oral care safety and quality.
Regarding claim 12, Kopelman modified by Vetter teaches the oral scanner system in accordance with claim 11, wherein Kopelman teaches that the processor communicator and the device communicator are structured and/or arranged for bidirectional communication (dental tool receives settings [0134] and sends sensor data [0146]) and the oral care device is structured and/or arranged to determine at least one oral care activity datum during the oral care activity (data from the “accelerometers, gyroscopes, …,”[0146] and “images” [0146]) and to send the at least one oral care activity datum to the processor and/or the oral scanner (“The treatment control module 120 may additionally or alternatively control other settings of a drill or other dental tool based on the position and/or orientation of the drill or other dental tool as determined from the image data 162.” [0134]; “dental tools include sensors that may be used to facilitate tracking of the dental tools. This may increase an accuracy of tracking the dental tools verses relying solely on tracking of the dental tools from the image data 162. For example, dental tools may include accelerometers, gyroscopes, magnetic tracking sensors, image capture devices (e.g., complementary metal-oxide semiconductor (CMOS) sensors and/or charge-coupled device (CCD) image sensors). In the instance of image capture devices on dental tools, images generated by such image capture devices may be generated in real time or near-real time and registered against a 3-D model of a dental arch being operated on.” [0146]).
Regarding claim 13, Kopelman modified by Vetter teaches the oral scanner system in accordance with claim 12.
Kopelman does not teach that the at least one oral care activity datum comprises an accumulated activity period during which the oral care device was used to perform the oral care activity.
However, in the personal-hygiene systems field of endeavor, Vetter discloses a personal-hygiene system, which is analogous art. Vetter teaches that the at least one oral care activity datum comprises an accumulated activity period (“the overall treatment time” [0042]) during which the oral care device was used to perform the oral care activity, (“the columns may indicated that the overall treatment time in position zones 4 and 5 is too short by 10 seconds per treatment session. Hence, when the user currently brushes in positions zones 4 or 5, an advice to brush longer in the current zone may be displayed as triggered action, but only for a certain time period that will not be in conflict with the increase that is to be achieved.” [0042]; Fig. 3C).
Therefore, based on Vetter’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Kopelman to have the at least one oral care activity datum that comprises an accumulated activity period during which the oral care device was used to perform the oral care activity, as taught by Vetter, in order to improve the oral care safety and its quality.
Conclusion
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/ALEXEI BYKHOVSKI/
Primary Examiner, Art Unit 3798