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 .
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 2, 6, 14, 18, and 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 11,801,121. Although the claims at issue are not identical, they are not patentably distinct from each other because U.S. Patent No. 11,801,121 encompasses the limitations of the pending application.
With respect to claim 2, U.S. Patent No. 11,801,121 discloses:
Pending claim 2
Patented claim 1
A computer-implemented method for comparing dental treatment plans, the computer-implemented method comprising, by one or more processors:
A computer-implemented method comprising:
obtaining a first 2D image of a patient's face and dentition;
obtaining an image of the patient's face and at least a portion of the patient's dentition;
accessing a plurality of 3D models of the patient's dentition, wherein each 3D model represents a treatment result for a respective dental treatment plan of a plurality of dental treatment plans for the patient;
generating a plurality of 3D models, each of the plurality of 3D models comprising a virtual representation of a patient's dentition at a different treatment stage of an orthodontic treatment plan;
generating a plurality of second 2D images of the patient, wherein each second 2D image is formed by combining a respective 3D model of the patient's dentition with a projected representation of the patient's face, and wherein the projected representation is generated by projecting the first 2D image into a 3D space;
projecting the obtained image into a 3D space to create a projected 3D model of the patient's face and the at least the portion of the patient's dentition; generating a plurality of modified images of the patient, each of the plurality of modified images representing the patient in a respective treatment stage of the orthodontic treatment plan, wherein each of the plurality of modified images is formed by combining the patient's dentition of one of the plurality of 3D models with the patient's face of the projected 3D model;
sending instructions to display the plurality of second 2D images of the patient on an output device;
sending instructions to display, on a display, a first modified image corresponding to the selected first treatment stage and a first 3D model corresponding to the selected first treatment stage.
and receiving a user input selecting at least one dental treatment plan of the plurality of dental treatment plans associated with the displayed second 2D images.
receiving, from a user, a selection of a first treatment stage of the orthodontic treatment plan;
With respect to claim 6, U.S. Patent No. 11,801,121 discloses the computer-implemented method of claim 2, further comprising, for each 3D model: determining a first set of reference points on the patient's dentition of the 3D model, determining a second set of reference points on the patient's dentition of the first 2D image, and aligning at least a portion of the first set of reference points with at least a portion of the second set of reference points (Patented claim 2, Patented claim 3).
With respect to claim 14, U.S. Patent No. 11,801,121 discloses:
Pending claim 14
Patented claim 1
A system for comparing dental treatment plans, the system comprising: one or more processors; and a memory comprising instructions that, when executed by the one or more processors, cause the system to perform operations comprising:
A computer-implemented method comprising:
obtaining a first 2D image of a patient's face and dentition;
obtaining an image of the patient's face and at least a portion of the patient's dentition;
causing a display of a plurality of second 2D images of the patient on an output device, wherein the plurality of second 2D images are generated by: accessing a plurality of 3D models of the patient's dentition,
wherein each of the plurality of modified images is formed by combining the patient's dentition of one of the plurality of 3D models with the patient's face of the projected 3D model; and sending instructions to display, on a display, a first modified image corresponding to the selected first treatment stage and a first 3D model corresponding to the selected first treatment stage.
wherein each 3D model represents a treatment result for a respective dental treatment plan of a plurality of dental treatment plans for the patient, and forming each second 2D image by combining a respective 3D model of the patient's dentition with a projected representation of the patient's face, and wherein the projected representation is generated by projecting the first 2D image into a 3D space;
projecting the obtained image into a 3D space to create a projected 3D model of the patient's face and the at least the portion of the patient's dentition; generating a plurality of modified images of the patient, each of the plurality of modified images representing the patient in a respective treatment stage of the orthodontic treatment plan, wherein each of the plurality of modified images is formed by combining the patient's dentition of one of the plurality of 3D models with the patient's face of the projected 3D model;
and receiving a user input selecting at least one dental treatment plan of the plurality of dental treatment plans associated with the displayed second 2D images.
receiving, from a user, a selection of a first treatment stage of the orthodontic treatment plan; and sending instructions to display, on a display, a first modified image corresponding to the selected first treatment stage and a first 3D model corresponding to the selected first treatment stage.
It is deemed inherent that such a system comprises a memory and processor for computing data and outputting computer graphics.
With respect to claim 18, U.S. Patent No. 11,801,121 discloses the system of claim 14, wherein the generation of the plurality of second 2D images further comprises, for each 3D model: determining a first set of reference points on the patient's dentition of the 3D model, determining a second set of reference points on the patient's dentition of the first 2D image, and aligning at least a portion of the first set of reference points with at least a portion of the second set of reference points (Patented claim 2, Patented claim 3).
With respect to claim 21, U.S. Patent No. 11,801,121 discloses the system of claim 14, wherein the operations further comprise the accessing of the plurality of 3D models and the forming of each second 2D image (Patented claim 1, wherein each of the plurality of modified images is formed by combining the patient's dentition of one of the plurality of 3D models with the patient's face of the projected 3D model).
Claims 3-5, 7, and 15-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,801,121 in view of Wen (WO 2006065955).
With respect to claim 3, U.S. Patent No. 11,801,121 discloses the computer-implemented method of claim 2. However, U.S. Patent No. 11,801,121 does not expressly disclose the treatment result represents a prediction of the patient's dentition at a future treatment stage of the respective dental treatment plan.
Wen, who also deals with dental imaging, discloses a method wherein the treatment result represents a prediction of the patient's dentition at a future treatment stage of the respective dental treatment plan (paragraph 97, In step 610, 3D digital models of the patient's pre-treatment and predicted posttreatment tooth arches are acquired, paragraph 99, In step 615 a 3D digital model of the patient's predicted post-treatment face and teeth is generated from the 3D digital model of the patient's pre-treatment face and teeth (generated in step 605) and the 3D digital models of the patient's pre-treatment and posttreatment tooth arches (generated in step 610)).
U.S. Patent No. 11,801,121 and Wen are in the same field of endeavor, namely computer graphics.
Before the effective filing date of the claimed invention, it would have been obvious to apply the method wherein the treatment result represents a prediction of the patient's dentition at a future treatment stage of the respective dental treatment plan, as taught by Wen, to the U.S. Patent No. 11,801,121 system, because the 3D digital models of the pre-treatment and post-treatment tooth arches can provide information about predicted or projected tooth movement in an anticipated treatment process. This information about tooth movements may be used in step 615 in conjunction with the 3D digital model of the patient's face and teeth generated in step 605 to predict how changes in particular tooth positions result in changes in, for example, the bone structure and/or soft tissue (e.g., gingiva) of the patient's face and jaw, and hence in predicting the overall view of the patient's face and teeth (paragraph 102 of Wen).
With respect to claim 4, U.S. Patent No. 11,801,121 as modified by Wen disclose the computer-implemented method of claim 3, wherein the future treatment stage is a final treatment stage or a post-treatment stage (Wen: paragraph 99, In step 615 a 3D digital model of the patient's predicted post-treatment face and teeth is generated). Post-treatment face and teeth corresponds to a post-treatment stage.
With respect to claim 5, U.S. Patent No. 11,801,121 as modified by Wen disclose the computer-implemented method of claim 3, wherein the future treatment stage is an intermediate treatment stage (Wen: paragraph 106, Referring again to FIG. 6, in some variations at step 610 a 3D digital model of the patient's predicted tooth arches at an intermediate step of a treatment process is used rather than the 3D digital model of the predicted post-treatment tooth arches. In such variations, the process of FIG. 6 may generate a photo-realistic image of the patient's face and teeth at an intermediate
stage of treatment).
With respect to claim 7, U.S. Patent No. 11,801,121 as modified by Wen disclose the computer-implemented method of claim 2, wherein the first 2D image is obtained using a camera device (Wen: paragraph 61, the images of the teeth, physical tooth models, negative impression, positive tooth arch mold, or wax bite may be acquired by one or more stationary cameras, one or more moving cameras, or a combination of stationary or moving cameras. The cameras may be, for example, conventional digital cameras, digital video cameras, film cameras, or video cameras in some variations). It would have been obvious to apply the method wherein the first 2D image is obtained using a camera device because this would provide a conventional means for capturing the image data.
With respect to claim 15, U.S. Patent No. 11,801,121 as modified by Wen disclose the system of claim 14, wherein the treatment result represents a prediction of the patient's dentition at a future treatment stage of the respective dental treatment plan (Wen: paragraph 97, In step 610, 3D digital models of the patient's pre-treatment and predicted posttreatment tooth arches are acquired, paragraph 99, In step 615 a 3D digital model of the patient's predicted post-treatment face and teeth is generated from the 3D digital model of the patient's pre-treatment face and teeth (generated in step 605) and the 3D digital models of the patient's pre-treatment and posttreatment tooth arches (generated in step 610)); see rationale for rejection of claim 3.
With respect to claim 16, U.S. Patent No. 11,801,121 as modified by Wen disclose the system of claim 15, wherein the future treatment stage is a final treatment stage or a post-treatment stage (Wen: paragraph 99, In step 615 a 3D digital model of the patient's predicted post-treatment face and teeth is generated). Post-treatment face and teeth corresponds to a post-treatment stage.
With respect to claim 17, U.S. Patent No. 11,801,121 as modified by Wen disclose the system of claim 15, wherein the future treatment stage is an intermediate treatment stage (Wen: paragraph 106, Referring again to FIG. 6, in some variations at step 610 a 3D digital model of the patient's predicted tooth arches at an intermediate step of a treatment process is used rather than the 3D digital model of the predicted post-treatment tooth arches. In such variations, the process of FIG. 6 may generate a photo-realistic image of the patient's face and teeth at an intermediate
stage of treatment).
Claims 8, 12, and 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 11,801,121 in view of Kim (U.S. PGPUB 20180036100).
With respect to claim 8, U.S. Patent No. 11,801,121 discloses:
Pending claim 8
Patented claim 1
A computer-implemented method for comparing dental treatment plans, the computer-implemented method comprising, by one or more processors:
A computer-implemented method comprising:
obtaining a first 2D image of a patient's face and dentition;
obtaining an image of the patient's face and at least a portion of the patient's dentition;
wherein the plurality of second 2D images are generated by: accessing a plurality of 3D models of the patient's dentition, wherein each 3D model represents a treatment result for a respective dental treatment plan of a plurality of dental treatment plans for the patient, and generating a plurality of second 2D images of the patient,
generating a plurality of 3D models, each of the plurality of 3D models comprising a virtual representation of a patient's dentition at a different treatment stage of an orthodontic treatment plan; generating a plurality of modified images of the patient, each of the plurality of modified images representing the patient in a respective treatment stage of the orthodontic treatment plan,
wherein each second 2D image is formed by combining a respective 3D model of the patient's dentition with a projected representation of the patient's face,
wherein each of the plurality of modified images is formed by combining the patient's dentition of one of the plurality of 3D models with the patient's face of the projected 3D model;
and wherein the projected representation is generated by projecting the first 2D image into a 3D space;
projecting the obtained image into a 3D space to create a projected 3D model of the patient's face and the at least the portion of the patient's dentition;
and submitting a user input selecting at least one dental treatment plan of the plurality of dental treatment plans associated with the displayed second 2D images.
receiving, from a user, a selection of a first treatment stage of the orthodontic treatment plan;
However, U.S. Patent No. 11,801,121 does not expressly disclose transmitting, to a server computing device, the 2D image; receiving, from the server computing device, a plurality of second 2D images of the patient for display on an output device.
Kim, who also deals with dental imaging, discloses a method for transmitting, to a server computing device, the 2D image; receiving, from the server computing device, a plurality of second 2D images of the patient for display on an output device (paragraph 80, As illustrated in FIGS. 1 to 5, the 3D teeth alignment image display service providing method according to some embodiments of the present invention may sequentially include configuring the server computer 60 capable of providing the 3D teeth alignment image display services, (a) receiving a target teeth information on the orthodontic patient from the orthodontist terminal 20 or the orthodontic patient terminal 10 using the target teeth information input program 64).
U.S. Patent No. 11,801,121 and Kim are in the same field of endeavor, namely computer graphics.
Before the effective filing date of the claimed invention, it would have been obvious to apply the method of transmitting, to a server computing device, the 2D image; receiving, from the server computing device, a plurality of second 2D images of the patient for display on an output device, as taught by Kim, to the U.S. Patent No. 11,801,121 system, because this would allow a client to remotely access images.
With respect to claim 12, U.S. Patent No. 11,801,121 as modified by Kim disclose the computer-implemented method of claim 8, wherein the generation of the plurality of second 2D images further comprises, for each 3D model: determining a first set of reference points on the patient's dentition of the 3D model, determining a second set of reference points on the patient's dentition of the first 2D image, and aligning at least a portion of the first set of reference points with at least a portion of the second set of reference points (Patented claim 2, Patented claim 3).
With respect to claim 19, U.S. Patent No. 11,801,121 as modified by Kim disclose the system of claim 14, further comprising a client computing device (Kim: paragraph 41, Herein, the orthodontist terminal 20 is not limited to a smartphone and may be one of a variety of cameras, 3D cameras, scanners, 3D scanners, etc. capable of inputting the target teeth information of the orthodontic patient, and all information devices capable of receiving or displaying image information used for a 3D hologram), wherein the one or more processors are associated with a server computing device (Kim: paragraph 37, The server computer 60 is not limited to a server computer and may be one of a variety of computers or computing devices capable of functioning as servers, computing devices comprise at least one processor), and wherein the output device is part of or operably coupled to the client device (Kim: paragraph 48, a target teeth information input program 64 for receiving the target teeth information on the orthodontic patient from the orthodontist terminal 20 or the orthodontic patient terminal 10 such that the three or four images of the display 3 are respectively projected onto the pyramidal three-sided or four-sided projection plate 2), and wherein the user input is submitted by the client computing device (Kim: paragraph 80, (a) receiving a target teeth information on the orthodontic patient from the orthodontist terminal 20 or the orthodontic patient terminal 10 using the target teeth information input program 64). It would have been obvious to include hardware as recited in Kim in order to process and output computer graphics.
With respect to claim 20, U.S. Patent No. 11,801,121 as modified by Kim disclose the system of claim 14, wherein the first 2D image is obtained using a mobile device (Kim: paragraph 48, a target teeth information input program 64 for receiving the target teeth information on the orthodontic patient from the orthodontist terminal 20 or the orthodontic patient terminal 10 such that the three or four images of the display 3 are respectively projected onto the pyramidal three-sided or four-sided projection plate 2), and wherein the one or more processors and the memory are part of or operably coupled to the mobile device (Kim: paragraph 41, the orthodontist terminal 20 may be a camera, a 3D camera, a scanner, a 3D scanner, a personal computer, a mobile device, a PDA, a smart pad, a laptop computer, a smart camera, a smart camcorder, an electronic book, a smart scanner, the 3D holographic device 1, or the like).
Claims 9-11 and 13 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,801,121 in view of Kim (U.S. PGPUB 20180036100) and further in view of Wen (WO 2006065955).
With respect to claim 9, U.S. Patent No. 11,801,121 as modified by Kim and Wen disclose the computer-implemented method of claim 8, wherein the treatment result represents a prediction of the patient's dentition at a future treatment stage of the respective dental treatment plan (Wen: paragraph 97, In step 610, 3D digital models of the patient's pre-treatment and predicted posttreatment tooth arches are acquired, paragraph 99, In step 615 a 3D digital model of the patient's predicted post-treatment face and teeth is generated from the 3D digital model of the patient's pre-treatment face and teeth (generated in step 605) and the 3D digital models of the patient's pre-treatment and posttreatment tooth arches (generated in step 610)); see rationale for rejection of claim 3.
With respect to claim 10, U.S. Patent No. 11,801,121 as modified by Kim and Wen disclose the computer-implemented method of claim 9, wherein the future treatment stage is a final treatment stage or a post-treatment stage (Wen: paragraph 99, In step 615 a 3D digital model of the patient's predicted post-treatment face and teeth is generated). Post-treatment face and teeth corresponds to a post-treatment stage.
With respect to claim 11, U.S. Patent No. 11,801,121 as modified by Kim and Wen disclose the computer-implemented method of claim 9, wherein the future treatment stage is an intermediate treatment stage (Wen: paragraph 106, Referring again to FIG. 6, in some variations at step 610 a 3D digital model of the patient's predicted tooth arches at an intermediate step of a treatment process is used rather than the 3D digital model of the predicted post-treatment tooth arches. In such variations, the process of FIG. 6 may generate a photo-realistic image of the patient's face and teeth at an intermediate stage of treatment).
With respect to claim 13, U.S. Patent No. 11,801,121 as modified by Kim and Wen disclose the computer-implemented method of claim 8, wherein obtaining the first 2D image comprises capturing the first 2D image using a camera device (Wen: paragraph 61, the images of the teeth, physical tooth models, negative impression, positive tooth arch mold, or wax bite may be acquired by one or more stationary cameras, one or more moving cameras, or a combination of stationary or moving cameras. The cameras may be, for example, conventional digital cameras, digital video cameras, film cameras, or video cameras in some variations). It would have been obvious to apply the method wherein the first 2D image is obtained using a camera device because this would provide a conventional means for capturing the image data.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: Wen (WO 2006065955) is made of record as describing related methods of generating a plurality of three-dimensional models of the patient's dentition, obtaining an image of the patient, aligning reference points with the model and image of the patient, and generating a plurality of modified images of the patient based on the alignment. Although Abkai (U.S. PGPUB 20180360411) discloses a method of projecting the image of the patient's dentition into a three-dimensional space to create a projected 3D model of the image, none of the cited art teaches or suggests the plurality of modified images is based on combining the patient's dentition model with the projected 3D model of the image, i.e., accessing a plurality of 3D models of the patient's dentition, wherein each 3D model represents a treatment result for a respective dental treatment plan of a plurality of dental treatment plans for the patient; generating a plurality of second 2D images of the patient, wherein each second 2D image is formed by combining a respective 3D model of the patient's dentition with a projected representation of the patient's face, and wherein the projected representation is generated by projecting the first 2D image into a 3D space.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW GUS YANG whose telephone number is (571)272-5514. The examiner can normally be reached M-F 9 AM - 5:30 PM.
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, Kent Chang can be reached at (571)272-7667. 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.
/ANDREW G YANG/Primary Examiner, Art Unit 2614
7/1/26
Prosecution Insights