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 Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claim(s) 1, 3-12, 24, and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sabina et al. (US 2018/0005371 A1) in view of Clausen et al. (WO 2012/000511 A1).
Regarding claim 1, Sabina discloses an intraoral scanning system, comprising: an intraoral scanner configured to: (Paragraph 0014, intraoral scanner) capture a current three-dimensional scan of a three-dimensional intraoral surface; (Paragraphs 0018 and 0068, obtaining three-dimensional (3D) data of a dental site during a current scan session) and capture a current color-image scan of the three-dimensional intraoral surface; (Paragraphs 0044 and 0053, color intraoral images can be obtained) and a computing device configured to: (Paragraph 0055, color images) obtain an earlier three-dimensional scan of the three-dimensional intraoral surface, taken at a point in time prior to the current three-dimensional scan; obtain an earlier color-image scan of the three-dimensional intraoral surface, taken at a point in time prior to the current color-image scan; (Paragraph 0068, historical template of previous scans of the dental site at an earlier time) register the current color-image scan to the current three-dimensional scan; (Paragraph 0027, registration of the image data with the 3D data) register the earlier color-image scan to the earlier three-dimensional scan; (Paragraph 0027 and 0032, registration of historical image and 3D data) correlate the current three-dimensional scan and the earlier three-dimensional scan to each other, such that a given area A of the current three-dimensional scan correlates to a corresponding area A′ of the earlier three-dimensional scan (Paragraphs 0069-0070, alignment of models from the current scan and the historical template). Sabina does not clearly disclose based on the correlation of the current three-dimensional scan and the earlier three-dimensional scan, the registration of the current color-image scan to the current three-dimensional scan, and the registration of the earlier color-image scan to the earlier three-dimensional scan, for the given area A of the current three-dimensional scan, apply (i) a portion of the earlier color-image scan registered to corresponding area A′ of the earlier three-dimensional scan to (ii) the given area A of the current three-dimensional scan.
Clausen discloses display of a comparison of two views from different times of a patient’s teeth area including a view of a model further in time where the model can be partially displayed while an image of the teeth area from before the model further in time can occupy a remaining portion of the teeth area (Figure 9 and page 47, line 26 – page 48, line 22). Clausen’s technique of displaying two partial views from different times of a patient’s teeth area would have been recognized by one of ordinary skill in the art to be applicable to the image and 3D data of current and historical views of a dental site of Sabina and the results would have been predictable in the display of 3D data of a current dental site while images of the historical views of the dental site can replace a portion of the current 3D data for display. Therefore, the claimed subject matter would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention.
Regarding claim 3, Clausen discloses wherein the computing device is configured to toggle between: (A) applying (i) the portion of the earlier color-image scan correlated to corresponding area A′ of the earlier three-dimensional scan to (ii) the given area A of the current three-dimensional scan, and (B) applying (i) a portion of the current color-image scan correlated to the given area A of the current three-dimensional scan to (ii) the given area A of the current three-dimensional scan (Figure 9 and page 47, line 26 – page 48, line 22, functionally, images for the patient are displayed with the 3D data can be displayed in a similar manner whether it is from the current or historical scans).
Regarding claim 4, Clausen discloses wherein the computing device is further configured to: maintain application of (i) the portion of the earlier color-image scan correlated to corresponding area A′ of the earlier three-dimensional scan to (ii) the given area A of the current three-dimensional scan, while a user viewing the current three-dimensional scan manipulates a three-dimensional view of the current three-dimensional scan (Page 33, lines 20-27, zooming in and out of the 2D image and 3D model).
Regarding claim 5, Clausen discloses wherein maintaining the application of (i) the portion of the earlier color-image scan correlated to corresponding area A′ of the earlier three-dimensional scan to (ii) the given area A of the current three-dimensional scan comprises maintaining the application of (i) the portion of the earlier color-image scan correlated to corresponding area A′ of the earlier three-dimensional scan to (ii) the given area A of the current three-dimensional scan while a user viewing the current three-dimensional scan rotates the three-dimensional view of the current three-dimensional scan (Page 23, lines 29-30, rotation of the model with respect to the image).
Regarding claim 6, Clausen discloses wherein maintaining the application of (i) the portion of the earlier color-image scan correlated to corresponding area A′ of the earlier three-dimensional scan to (ii) the given area A of the current three-dimensional scan comprises maintaining the application of (i) the portion of the earlier color-image scan correlated to corresponding area A′ of the earlier three-dimensional scan to (ii) the given area A of the current three-dimensional scan while a user viewing the current three-dimensional scan zooms in on or out of the three-dimensional view of the current three-dimensional scan (Page 33, lines 20-27, zooming in and out of the 2D image and 3D model).
Regarding claim 7, Sabin discloses wherein obtaining the current color-image scan comprises obtaining a current color-image scan of the three-dimensional intraoral surface that was captured in the same intraoral procedure as the current three-dimensional scan was captured (Paragraphs 0044 and 0053, color intraoral images can be obtained in the current scan).
Regarding claim 8, Sabin discloses wherein obtaining the earlier color-image scan comprises obtaining an earlier color-image scan of the three-dimensional intraoral surface that was captured in the same intraoral procedure as the earlier three-dimensional scan was captured (Paragraph 0068, historical template of previous scans of the dental site at an earlier time that can include color images, paragraph 0044).
Regarding claim 9, Clausen discloses wherein computing device is further configured to: assign a specific area of the current three-dimensional scan to be the given area A in response to a user selecting the specific area of the current three-dimensional scan (Page 6, lines 22-28, user interface for allowing a user to place the image on the 3D model).
Regarding claim 10, Clausen discloses wherein assigning the specific area of the current three-dimensional scan to be the given area A comprises assigning a specific feature of the three-dimensional intraoral surface to be the given area A in response to the user selecting the specific feature (Page 12, lines 19-21, selection of a tooth of the patient).
Regarding claim 11, Clausen discloses wherein assigning the specific feature of the three-dimensional intraoral surface to be the given area A comprises assigning a given tooth to be the given area A in response to the user selecting the given tooth (Page 12, lines 19-21, selection of a tooth of the patient).
Regarding claim 12, Clausen discloses wherein computing device is further configured to: dynamically change the given area A in response to the user moving an area-selecting indicator on a three-dimensional view of the current three-dimensional scan, such that as the user moves the area-selecting indicator, for each new given area A within the area-selecting indicator, application of (i) the portion of the earlier color-image scan correlated to corresponding area A′ of the earlier three-dimensional scan to (ii) the given area A of the current three-dimensional scan is displayed (Page 45, line 6 – page 46, line 11, using selected anatomical points on the model for translation).
Regarding claim 24, similar reasoning as discussed in claim 1 is applied.
Regarding claim 25, Sabin discloses wherein the current two-dimensional scan comprises a current color-image scan, and wherein the earlier two-dimensional scan comprises an earlier color-image scan (Paragraphs 0044 and 0053, color intraoral images can be obtained).
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sabina et al. (US 2018/0005371 A1) in view of Clausen et al. (WO 2012/000511 A1) and further in view of Franke et al. (US 2025/0127401 A1).
Regarding claim 26, Sabina in view of Clausen discloses all limitations as discussed in claim 24. Sabina in view of Clausen does not clearly disclose wherein the current two-dimensional scan comprises a current near-infrared (NIR) scan, and wherein the earlier two-dimensional scan comprises an earlier NIR scan. Franke discloses an intraoral camera that makes measurements using near-infrared light (Paragraph 0050). Franke’s technique of using near-infrared light to make measurements with an intraoral camera would have been recognized by one of ordinary skill in the art to be applicable to the intraoral scanner for obtaining images of Sabina in view of Clausen and the results would have been predictable in using near-infrared light to take images during intraoral scanning. Therefore, the claimed subject matter would have been obvious one of ordinary skill in the art before the effective filing date of the claimed invention.
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sabina et al. (US 2018/0005371 A1) in view of Clausen et al. (WO 2012/000511 A1) and further in view of Elbaz et al. (US 2024/0115361 A1).
Regarding claim 27, Sabina in view of Clausen discloses all limitations as discussed in claim 24. Sabina in view of Clausen does not clearly disclose wherein the current two-dimensional scan comprises a current fluorescence imaging scan, and wherein the earlier two-dimensional scan comprises an earlier fluorescence imaging scan. Elbaz discloses an intraoral scanner that uses fluorescence as a source of illumination to scan a tooth (Paragraph 0035). Elbaz’s technique of using fluorescence as a source of illumination for scanning a tooth would have been recognized by one of ordinary skill in the art to be applicable to the intraoral scanner for obtaining images of Sabina in view of Clausen and the results would have been predictable in using fluorescence for illumination to take images during intraoral scanning. Therefore, the claimed subject matter would have been obvious one of ordinary skill in the art before the effective filing date of the claimed invention.
Allowable Subject Matter
Claim 2 and 13-23 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.
Regarding claim 2, the prior art does not clearly disclose the intraoral scanning system according to claim 1, wherein: registering the current color-image scan to the current three-dimensional scan comprises correlating points u,v in the current color-image scan to respective coordinate vertices x,y, z of the current three-dimensional scan; registering the earlier color-image scan to the earlier three-dimensional scan comprises correlating points u′,v′ in the earlier color-image scan to respective coordinate vertices x′,y′,z′ of the earlier three-dimensional scan; correlating the current three-dimensional scan and the earlier three-dimensional scan to each other comprises correlating coordinate vertices x,y,z in the current three-dimensional scan to respective coordinate vertices x′,y′,z′ of the earlier three-dimensional scan; and applying (i) a portion of the earlier color-image scan correlated to corresponding area A′ of the earlier three-dimensional scan to (ii) the given area A of the current three-dimensional scan comprises, for the given area A, applying: (a) a set of points u′,v′ in the earlier color-image scan that are correlated to a corresponding set of respective coordinate vertices x′,y′, z′ of the earlier three-dimensional scan, the set of coordinate vertices x′,y′,z′ defining the area A′ of the earlier three-dimensional scan, to (b) a set of respective coordinate vertices x,y,z of the current three-dimensional scan that are correlated to the set of respective coordinate vertices x′,y′,z′ of the earlier three-dimensional scan, the set of coordinate vertices x,y,z of the current three-dimensional scan defining the given area A of the current three-dimensional scan.
Regarding claim 13, the prior art does not clearly disclose the intraoral scanning system according to claim 1, wherein computing device is further configured to: based on the correlation of the current three-dimensional scan and the earlier three-dimensional scan, determine parameters of a correlation between (i) the current color-image scan of the three-dimensional intraoral surface and (ii) the earlier color-image scan of the three-dimensional intraoral surface such that points u,v in the current color-image scan correlate to respective points u′,v′ in the earlier color-image scan.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Schmidt-Krulig et al. (US 2024/0144600 A1) discloses texture mapping of u,v textures onto models of dental structures in a x, y, z coordinate space.
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/PHI HOANG/Primary Examiner, Art Unit 2619
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