DETAILED ACTION
1. This Office Action is sent in response to Applicant’s communication received on 02/28/2025 for application number 19/067,734. The Office herby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, and claims.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
3. 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.
Information Disclosure Statement
4. The information disclosure statement (IDS) submitted on 09/16/2025 is in accordance with provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
5. 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.
6. Claim(s) 1-6, 10, 15-17 and 19-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kim et al., [US Pub. No.: 2015/0223916 A1].
Re. Claim 1, Kim et al., [US Pub. No.: 2015/0223916 A1] discloses:
A method for intraoral scanning [a scanner for an oral cavity| Abstract. 0039], comprising: introducing an intraoral scanner (IOS) head into an oral cavity [an oral cavity scanner includes an optical system and imaging device. See Figs 1 and 2, inserted into an oral cavity |Figs. 1 & 2; 0039];
acquiring an image of a region of interest (ROI) [the imaging device captures a two dimensional image from a position above the target tooth before or after the output light is projected to the target tool through the optical system |0051];
processing said acquired ROI image [after the output light from the optical unit is reflected to the target tooth, the optical sensing system (which may be a CCD). See also [0072] the optical sensing unit generated position information) |0059];
and adjusting at least one image acquisition parameter other than exposure based on said processing [the optical output controller may further control a line laser beam to be output at an appropriate time point in consideration of a change of the traveling path of the output light |0099-0100].
Re. Claim 2, Kim disclose:
The method according to claim 1, wherein said acquisition parameter includes a spatial orientation of said IOS head in respect to a region of interest (ROI) [after the output light from the optical unit is reflected to the target tooth, the optical sensing system (which may be a CCD)[0059]. See also [0072] the optical sensing unit generated position information such as height].
Re. Claim 3, Kim disclose:
The method according to claim 1, wherein: said IOS includes at least a first light projector producing a first light beam [optical output unit out puts a line laser beam|0055], said processing includes also estimation of an angle of incidence said first light beam on a surface of said ROI [0077 equation 2], and said adjusting is based on said estimated angle of incidence [0077 equation 2].
Re. Claim 4, Kim disclose:
The method according to claim 1, wherein said acquisition parameter includes a direction and/or a rate of IOS head movement [Equation 1, object trajectory and moving distance of the image point| 0075].
Re. Claim 5, Kim discloses:
The method according claim 1, wherein: said processing comprises analyzing at least one image property of said acquired image [a data processing unit configured to generate three-dimensional data for generating a three-dimensional model of the scanning target tooth based on sensing values output from the optical sensing unit |0013, Fig.4] and determining adjustment of the at least one image acquisition parameter based on said at least one image [the data processing unit may generate coordinate data of the scanning target tooth on a plane A-axis based on the value of the reflection angle of the first optical system, and generates height value data for each coordinate of a B-axis line perpendicular to the A-axis |0014] and, said adjustment comprises at least one of: selecting and/or activating at least one imager [the imaging device 106 for capturing a two-dimensional image is connected to the guide member 103 via the imaging device driving unit 107. See also the imaging device 106 for capturing a two-dimensional image is connected to the guide member 103 via the imaging device driving unit 107 |0048-0049,0051], selecting and/or activating at least one light projector [Control unit 110 is configured to control light projection in accordance image capturing 0051], deselecting and/or deactivating at least one imager [Control unit 110 is configured to control image capturing in accordance with light projection 0051], and deselecting and/or deactivating at least one light projector or combination thereof [See paragraph 0051].
Re. Claim 6, Kim discloses:
The method according to claim 5, wherein said adjustment comprises signaling user to change spatial orientation of said IOS head [The optical sensing unit 401 generates position information (i.e., height values of respective portions of the target tooth) corresponding to electric signals output from the optical sensing unit 109 and sends the position information to the three-dimensional data generating unit 403|0072].
Re. Claim 10, Kim discloses:
The method according to claim 1, wherein said processing includes tooth segmentation and locating said ROI on said segmented tooth and said adjustment is based on said segmentation [the control unit 110 controls the imaging device 106 to capture a two-dimensional image from a position above the target tooth before or after the output light is projected to the target tooth through the optical system 104. Wherein the targeted tooth is equivalent to tooth segmentation |0041].
Re. Claim 15, Kim discloses:
An intraoral scanner (IOS) [Scanner for oral cavity 100| Fig.1] comprising: an IOS head including at least one imager imaging a field of view (FOV) [The optical system 104 is configured to reflect and project a line laser beam (hereinafter, referred to as "output light"), which is output from the optical output unit 108, to the tooth and, also, to reflect a beam (hereinafter, referred to as "incident light"), which arrives at the optical system 104 by being reflected from the tooth, to the optical sensing unit 103 |0043];
at least one light projector configured for illuminating said FOV [the control unit 110 controls the imaging device 106 to capture a two-dimensional image from a position above the target tooth before or after the output light is projected to the target tooth through the optical system 104. Through this control, the output light reflected from the optical system 104 and the incident light reflected from the tooth can be prevented from being affected by light that may be generated when capturing the image of intraoral state |0051];
and circuitry configured for at least one of processing an image acquired by said imager [after the output light from the optical unit is reflected to the target tooth, the optical sensing system (which may be a CCD). See also [0072] the optical sensing unit generated position information) |0059] and adjusting at least one image acquisition parameter other than exposure based on said processing [the optical output controller may further control a line laser beam to be output at an appropriate time point in consideration of a change of the traveling path of the output light |0099-0100].
Re. Claim 16, Kim discloses:
The IOS according to claim 15, wherein said IOS includes multiple optical components having multiple apertures [intraoral scanner includes multiple optical components |0093] and wherein said multiple optical components include said at least one imager and said one light projector [Fig.1 optical sensor 109 and laser beam output 108].
Re. Claim 17, Kim discloses:
The IOS according to claim 15, wherein said adjusting is achieved without moving parts [adjusting can occur with or without moving parts |0052].
Re. Claim 19, Kim discloses:
The IOS according to claim 15, wherein said acquisition parameter includes at least one of: spatial orientation of said IOS head in respect to a region of interest (ROI) [after the output light from the optical unit is reflected to the target tooth, the optical sensing system (which may be a CCD). See also the optical sensing unit generated position information such as height |0059, 0072], direction and rate of IOS head movement, focal length of IOS imager, a size of said FOV [Equation 1, object trajectory and moving distance of the image point |0075], a distance between at least one of said ROI and said imager, said ROI and a light projector, and said imager and said light projector [s is the distance between the image lens and an actual measurement target object|0076];
and at least one projected light parameter [output light reflected from the optical system 104 and the incident light reflected from the tooth can be prevented from being affected by light that may be generated when capturing the image of intraoral state.|0051].
Re. Claim 20, Kim discloses:
The IOS according to claim 19, wherein said at least one light parameter includes at least one of: a number of light projectors, a light intensity, a projected structured light pattern, light coherence, wavelength, duration of light, pulsed light, continuous light, pulse frequency and structured light pattern, a power level of said projector, a flicker time of said projector [the optical output controller may further control a line laser beam to be output at an appropriate time point in consideration of a change of the traveling path of the output light|0100].
.Allowable Subject Matter
6. Claims 7-9, 11-14 and 18 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.
Re. Claim 7, Kim discloses:
The closest known prior art, nor any reasonable combination thereof “…said acquisition parameter includes at least one of: at least one projected light parameter, a focal length of at least one IOS imager, a size of a field of view FOV of a sensor on said ROI, and a distance between at least one of one point of interest POI in said ROI and said imager , said POI and a light projector[], and said imager and said light projector”.
Re. Claim 8, The closest known prior art, nor any reasonable combination thereof discloses wherein said IOS includes a first light projector and a second light projector and said adjustment comprises selecting a first light projector projecting light incident on said ROI and deselecting a second light projector.
Re. Claim 9, The closest known prior art, nor any reasonable combination thereof discloses wherein said processing includes also estimation of an angle of incidence of a first beam of said first light projector over said ROI and estimation of an angle of incidence of a second beam of said second light projector over said ROI; and wherein said estimated angle of incidence of said first beam is greater than said estimated angle of incidence of said second beam.
Re. Claim 11, The closest known prior art, nor any reasonable combination thereof discloses said adjustment comprises selecting at least one image acquisition parameter producing an image from which a position of said location can be determined more accurately that a previous parameter; said adjustment includes activating a light emitter to illuminate a third surface of said elongated element, said third surface generally opposite said portion of said elongate element that contacts said ROI; and said location is under a gum line; and wherein adjustment also comprises selecting an imager oriented with said third surface generally facing said selected imager and located between said selected imager and said ROI.
Re. Claim 12, The closest known prior art, nor any reasonable combination thereof discloses and wherein said processing includes also estimation of a contrast of said structure light over said ROI and wherein said adjusting is controlled by said processor to improve said contrast.
Re. Claim 13, The closest known prior art, nor any reasonable combination thereof discloses wherein said processor estimates a movement of said IOS and wherein said adjusting is based on at least one of said movement and a predicted future spatial relationship between said IOS head and a region of interest.
Re. Claim 14, The closest known prior art, nor any reasonable combination thereof discloses said spatial relationship includes at least one of a location and an orientation; and the method further comprises projecting a patterned light onto the ROI and correlating a pattern of said patterned light with said spatial relationship.
Re. Claim 18, The closest known prior art, nor any reasonable combination thereof discloses “…IOS head has a longitudinal axis at an angle of between 85 to 60 degrees of a proximal portion of said handle;”, “…IOS head includes a probe at having a distal portion thereof at an angle of between 85 to 60 degrees to a proximal portion of said handle;”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOWARD D BROWN JR whose telephone number is (571)272-4371. The examiner can normally be reached Monday - Friday 7:30AM - 5:00PM EST.
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HOWARD D. BROWN JR
Primary Examiner
Art Unit 2488
/HOWARD D BROWN JR/Examiner, Art Unit 2488