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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
a processing unit (Claim 1, 12, 13, 16, 17)
a first illumination unit (Claim 7, 8)
a second illumination unit (Claim 7, 10, 12)
a detector unit (Claim 12, 14)
means for (Claim 16)
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-2, 5-14, 16-17, 19-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-6, 9-11, 13-14, 18, 20 of copending Application No. 17/835,857 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because it is anticipated.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
17/835,857 19/017,328
1. A system for scanning an intraoral cavity, comprising: an intraoral scanner to generate intraoral scan data of the intraoral cavity and viewfinder images of the intraoral cavity; a display; and a processing unit operatively connected to the intraoral scanner and to the display, the processing unit to: receive the intraoral scan data and the viewfinder images from the intraoral scanner; generate a three-dimensional (3D) digital model of the intraoral cavity using the intraoral scan data; output the 3D digital model to the display; output the viewfinder images to the display; determine which portions of the intraoral cavity have been scanned
based on at least one of the intraoral scan data or the viewfinder images; determine a current field of view of the intraoral scanner
based on at least one of the intraoral scan data or the viewfinder images;
generate a visual indicator that provides guidance for positioning and orienting the field of view of the intraoral scanner; and output the visual indicator to the display.
1. A system for scanning an intraoral cavity, comprising: an intraoral scanner to generate intraoral scan data of the intraoral cavity and viewfinder images of the intraoral cavity; a display; and a processing unit operatively connected to the intraoral scanner and to the display, the processing unit to: receive the intraoral scan data and the viewfinder images from the intraoral scanner; generate a three-dimensional (3D) digital model of the intraoral cavity using the intraoral scan data; output the 3D digital model to the display; output the viewfinder images to the display; determine which portions of the intraoral cavity have been scanned;
determine a current field of view of the intraoral scanner;
determine a visual indicator that provides guidance for positioning and orienting the field of view of the intraoral scanner; and output the visual indicator to the display.
2. The system of claim 1, wherein which portions of the intraoral cavity have been scanned is determined based on at least one of the intraoral scan data or the viewfinder images.
Anticipated
2. The system of claim 1, wherein the intraoral scanner comprises: an optical system with aligned scanner optics and viewfinder optics, wherein the scanner optics have a first optical path, wherein the viewfinder optics have a second optical path, and wherein at least a portion of the second optical path overlaps with the first optical path.
5. The system of claim 1, wherein the intraoral scanner comprises: an optical system with aligned scanner optics and viewfinder optics, wherein the scanner optics have a first optical path, wherein the viewfinder optics has a second optical path, and wherein at least a portion of the second optical path overlaps with the first optical path.
3. The system of claim 2, wherein the optical system comprises a plurality of optical components, and wherein at least some of the plurality of optical components are shared between the scanner optics and the viewfinder optics.
6. The system of claim 5, wherein the optical system comprises a plurality of optical components, and wherein at least some of the plurality of optical components are shared between the scanner optics and the viewfinder optics.
4. The system of claim 1, wherein the intraoral scanner comprises: a first illumination unit configured to generate first light for generating the intraoral scan data; and a second illumination unit configured to generate second light for generating the viewfinder images.
7. The system of claim 1, wherein the intraoral scanner comprises: a first illumination unit configured to generate first light for generating the intraoral scan data; and a second illumination unit configured to generate second light generating the viewfinder images.
5. (Original) The system of claim 4, wherein the first illumination unit comprises one or more lasers.
8. (New) The system of claim 7, wherein the first illumination unit comprises one or more lasers.
6. (Original) The system of claim 5, wherein the one or more lasers comprise a vertical cavity surface emitting laser (VCSEL) array.
9. (New) The system of claim 8, wherein the one or more lasers comprise a vertical cavity surface emitting laser (VCSEL) array.
9. (Original) The system of claim 4, wherein the second illumination unit is configured to provide polychromatic illumination.
10. (New) The system of claim 7, wherein the second illumination unit is configured to provide polychromatic illumination.
10. (Original) The system of claim 9, wherein the second light comprises a plurality of different wavelengths, and wherein the intraoral scanner comprises chromatic dispersion optics along an optical path between the second illumination unit and the intraoral cavity, such that each wavelength of the second light is focused to a different focal depth.
11. (New) The system of claim 7, wherein the second light comprises a plurality of different wavelengths, and wherein the intraoral scanner comprises chromatic dispersion optics along an optical path between the second illumination unit and the intraoral cavity, such that each wavelength of the second light is focused to a different focal depth.
11. (Original) The system of claim 4, wherein: the second illumination unit is configured to sequentially illuminate the intraoral cavity with different wavelengths of light; a detector unit of the intraoral scanner is to obtain monochromatic images corresponding to each of the different wavelengths of light; and the processing unit is to process and merge the monochromatic images corresponding to each of the different wavelengths of light to provide a composite color viewfinder image.
12. (New) The system of claim 7, wherein: the second illumination unit is configured to sequentially illuminate the intraoral cavity with different wavelengths of light; a detector unit of the intraoral scanner is to obtain monochromatic images corresponding to each of the different wavelengths of light; and the processing unit is to process and merge the monochromatic images corresponding to each of the different wavelengths of light to provide a composite color viewfinder image.
13. (Original) The system of claim 1, wherein the processing unit is to update the visual indicator according to scanning progress and intraoral scanner movement in a manner that provides real-time or near real-time scanning guidance.
13. (New) The system of claim 1, wherein the processing unit is to update the visual indicator according to scanning progress and intraoral scanner movement in a manner that provides real-time or near real-time scanning guidance.
14. (Original) The system of claim 1, the intraoral scanner comprising a detector unit that is to generate both the intraoral scan data and the viewfinder images.
14. (New) The system of claim 1, the intraoral scanner comprising a detector unit that is to generate both the intraoral scan data and the viewfinder images.
1. A system for scanning an intraoral cavity, comprising: an intraoral scanner to
generate intraoral scan data of the intraoral cavity and viewfinder images of the intraoral cavity; a display; and a processing unit operatively connected to the intraoral scanner and to the display, the processing unit to:
receive the intraoral scan data and the viewfinder images from the intraoral scanner;
generate a three-dimensional (3D) digital model of the intraoral cavity using the intraoral scan data;
output the 3D digital model to the display; output the viewfinder images to the display;
determine which portions of the intraoral cavity have been scanned based on at least one of the intraoral scan data or the viewfinder images;
determine a current field of view of the intraoral scanner based on at least one of the intraoral scan data or the viewfinder images;
generate a visual indicator that provides guidance for positioning and orienting the field of view of the intraoral scanner; and
output the visual indicator to the display.
16. A system for scanning an intraoral cavity, comprising: an intraoral scanner comprising means for
generating intraoral scan data of the intraoral cavity and viewfinder images of the intraoral cavity; a display; and a processing unit operatively connected
to the intraoral scanner and to the display, the processing unit comprising: means for receiving the intraoral scan data and the viewfinder images from the intraoral scanner;
means for
generating a three-dimensional (3D) digital model of the intraoral cavity using the intraoral scan data;
means for
outputting the 3D digital model and the viewfinder images to the display;
means for
determining which portions of the intraoral cavity have been scanned;
means for
determining a current field of view of the intraoral scanner;
means for
determining a visual indicator that provides guidance for positioning and orienting the field of view of the intraoral scanner; and
means for
outputting the visual indicator to the display.
Anticipated
13. The system of claim 1, wherein the processing unit is to update the visual indicator according to scanning progress and intraoral scanner movement in a manner that provides real-time or near real-time scanning guidance.
17. The system of claim 16, wherein the processing unit comprises means for updating the visual indicator according to scanning progress and intraoral scanner movement in a manner that provides real-time or near real-time scanning guidance.
18. A computer readable storage medium comprising instructions that, when executed by a processing unit of a system for scanning intraoral cavities, causes the processing unit to perform operations comprising:
receiving intraoral scan data and viewfinder images of an intraoral object from an intraoral scanner;
generating a three-dimensional (3D) digital model of the intraoral object using the intraoral scan data;
outputting the 3D digital model to a display; outputting the viewfinder images to the display;
determining which portions of the intraoral object have been scanned based on at least one of the intraoral scan data or the viewfinder images;
determining a current field of view of the intraoral scanner based on at least one of the intraoral scan data or the viewfinder images;
generating a visual indicator that provides guidance for positioning and orienting the field of view of the intraoral scanner; and outputting the visual indicator to the display.
19. A method, comprising:
receiving topographical scan data and two-dimensional (2D) image data of an intraoral object from an intraoral scanner, wherein the 2D image data represents at least a portion of a field of view of the intraoral scanner;
generating a three-dimensional (3D) digital model of the intraoral object using the topographical scan data;
outputting the 3D digital model and the 2D image data to a display;
determining which portions of the intraoral object have been scanned;
generating a visual indicator that provides guidance for positioning and orienting the field of view of the intraoral scanner; and outputting the visual indicator to the display.
Anticipated
20. The computer readable storage medium of claim 18, the operations further comprising: updating the visual indicator according to scanning progress and intraoral scanner movement in a manner that provides real-time or near real-time scanning guidance.
20. The method of claim 19, further
comprising: updating the visual indicator according to scanning progress and intraoral scanner movement in a manner that provides real-time or near real-time scanning guidance.
Allowable Subject Matter
Claims 3-4, 15, 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 3, the prior art fails to disclose or make obvious the current field of view of the intraoral scanner is determined based on at least one of most recent intraoral scan data from the intraoral scan data or a most recent viewfinder image from the viewfinder image, and in combination with the other recited limitations of claim 1.
Regarding claim 4, the prior art fails to disclose or make obvious the visual indicator is determined based on the current field of view and the determined portions of the intraoral cavity that have been scanned, and in combination with the other recited limitations of claim 1.
Regarding claim 15, the prior art fails to disclose or make obvious the viewfinder images comprise two-dimensional (2D) color image data, and in combination with the other recited limitations of claim 1.
Regarding claim 18, the prior art fails to disclose or make obvious the viewfinder images comprise two- dimensional (2D) color image data, and in combination with the other recited limitations of claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL PATRICK STAFIRA whose telephone number is (571)272-2430. The examiner can normally be reached M-F 6:30am-3pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur Chowdhury can be reached at 571-272-2287. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL P STAFIRA/Primary Examiner, Art Unit 2877 July 9, 2026
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