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 § 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 1, 4 and 8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth the subject matter which the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the applicant regards as the invention.
Independent claim 1 recites in the last limitation “...the light path changer...” instead of “...the first light path changer...”. Also, dependent claim 4 recites in the last limitation “the lighting unit” instead of “...the light unit...”, and dependent claim 8 recites the limitations “...the light path changer...” instead of “...the first light path changer...”, “...the camera sensor...” instead of “...the one camera sensor...”. There is insufficient antecedent basis for these highlighted limitations in the claims.
Allowable Subject Matter
Claims 2-3 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.
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 (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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by PARK et al. (US 2024/0207021 A1)(hereinafter PARK).
Re claim 1, PARK discloses a 3D-image oral scanner with a stereo optical system configured using a single camera, the 3D-image oral scanner (i.e. the 3-D scanner 100 may include one camera 1321 as described in fig. 2 paragraph 99. Also, see fig. 4 paragraph 160) comprising a stereo image optical unit 3-dimensionally photographing measurement objects in an oral cavity through one camera, wherein the stereo image optical unit includes (see ¶s 154-155 for a stereo image optical unit 3-dimensionally photographing measurement objects in an oral cavity through one camera, wherein the stereo image optical unit (i.e. hereinafter, all of the handheld type intraoral scanner and the table type scanner having a form in which the handheld type intraoral scanner and the table type scanner can be drawn into the mouth are denoted as “3-D scanners”, for convenience of description as described in paragraph 73, furthermore, the 3-D scanner 100 may obtain 3-D data indicative of a shape of an object by using the principle of triangular measurement based on a deformation of a pattern by projecting light onto an object and scanning the object onto which the light has been projected as described in fig. 2 paragraph 94, moreover, in order to perform a scan by using the structured light with stereo vision method, the 3-D scanner 100 includes an optical unit 130, the optical unit 130 may further include the projector 131 along with the aforementioned camera module 132 as described in fig. 4 paragraph 156, additionally, the 3-D scanner 100 may include one camera 1321 as described in fig. 2 paragraph 99). Also, see fig. 4 paragraph 160): a first light path changer changing paths of a first light image and a second light image traveling inside at different angles after reflecting from a measurement object in an oral cavity to an image light path (see ¶s 78-79 for a first light path changer changing paths of a first light image and a second light image traveling inside at different angles after reflecting from a measurement object in an oral cavity to an image light path (i.e. the intraoral scanner 101, that is, a kind of 3-D scanner 100, may have a form in which the intraoral scanner can be drawn into and drawn out from the mouth, and may scan the inside of the mouth of a patient by using one or more cameras (e.g., optical cameras) as described in fig. 1 paragraph 80, furthermore, the 3-D scanner 100 may obtain 3-D data indicative of a shape of an object by using the principle of triangular measurement based on a deformation of a pattern by projecting light onto an object and scanning the object onto which the light has been projected as described in fig. 2 paragraph 94, moreover, the 3-D scanner 100 may perform an oral scan by using the optical triangulation method, through the optical triangulation method, the object may be photographed by projecting light onto the object, and 3-D data may be obtained by using an image of the object, which has been imaged along with the light, specifically, through the optical triangulation method, an image of the object O may be obtained by projecting light onto the object O and receiving light that is reflected by the object O, in this case, the 3-D data may include 3-D depth information of the object as described in fig. 4 paragraph 154. Also see paragraphs 156-157, 161). It should be noted that during the oral scan of the mouth the 3-D scanner 100 has to change paths of light images when traveling inside at different angles after reflecting from measurement of the object O as described in the above figure and paragraphs); and one camera sensor taking the first light image and the second light image together that have traveled inside at different angles and of which the paths have been changed by the light path changer (see ¶s 115, 119-120 for one camera sensor taking the first light image and the second light image together that have traveled inside at different angles and of which the paths have been changed by the light path changer (i.e. the camera 1321 may include at least one image sensor (not illustrated), specifically, each of the one or more cameras included in the camera 1321 may include a lens (not illustrated) and an image sensor (not illustrated), in this case, the image sensor (not illustrated) may be a device that shows light incident on the lens (not illustrated) in the form of an image by converting the light into an electrical signal in order to obtain the image, for example, the image sensor may be at least one of known image sensors, such as a CCD sensor, a CMOS sensor, and a color image sensor, and is not essentially limited to the listed examples as described in fig. 3 paragraph 116, furthermore, the 3-D scanner 100 may perform an oral scan by using the optical triangulation method, through the optical triangulation method, the object may be photographed by projecting light onto the object, and 3-D data may be obtained by using an image of the object, which has been imaged along with the light, specifically, through the optical triangulation method, an image of the object O may be obtained by projecting light onto the object O and receiving light that is reflected by the object O, in this case, the 3-D data may include 3-D depth information of the object as described in fig. 4 paragraph 154, moreover, the 3-D scanner 100 may obtain at least one image (e.g., a plurality of 2-D frames) by scanning the object O at predetermined time intervals (e.g., several ms to several tens of ms) while moving around the object O as described in fig. 4 paragraph 161). Also see paragraphs 156-157)
Re claim 8, PARK as discussed in claim 1 above discloses all the claim limitations with additional claimed feature comprising a first image-forming lens group between the light path changer and the camera sensor, and wherein the first light image and the second light image that have traveled inside and of which the paths have been changed by the light path changer are taken and sent to the camera sensor through the first image-forming lens group (see ¶s 115, 119-120 for a first image-forming lens group between the light path changer and the camera sensor, and wherein the first light image and the second light image that have traveled inside and of which the paths have been changed by the light path changer are taken and sent to the camera sensor through the first image-forming lens group (i.e. the camera 1321 may include at least one image sensor (not illustrated), specifically, each of the one or more cameras included in the camera 1321 may include a lens (not illustrated) and an image sensor (not illustrated), in this case, the image sensor (not illustrated) may be a device that shows light incident on the lens (not illustrated) in the form of an image by converting the light into an electrical signal in order to obtain the image, for example, the image sensor may be at least one of known image sensors, such as a CCD sensor, a CMOS sensor, and a color image sensor, and is not essentially limited to the listed examples as described in fig. 3 paragraph 116, furthermore, the 3-D scanner 100 may perform an oral scan by using the optical triangulation method, through the optical triangulation method, the object may be photographed by projecting light onto the object, and 3-D data may be obtained by using an image of the object, which has been imaged along with the light, specifically, through the optical triangulation method, an image of the object O may be obtained by projecting light onto the object O and receiving light that is reflected by the object O, in this case, the 3-D data may include 3-D depth information of the object as described in fig. 4 paragraph 154, moreover, the 3-D scanner 100 may obtain at least one image (e.g., a plurality of 2-D frames) by scanning the object O at predetermined time intervals (e.g., several ms to several tens of ms) while moving around the object O as described in fig. 4 paragraph 161). Also see paragraphs 156-157)
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.
Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over PARK et al. (US 2024/0207021 A1)(hereinafter PARK) as applied to claims 1 and 8 above, and further in view of KIM et al. (US 2025/0194913 A1)(hereinafter KIM).
Re claim 4, PARK as discussed in claim 1 above discloses all the claimed limitations but fails to explicitly teach comprising an engine having a center axis different from the image light path and making and projecting a structured light pattern, wherein the engine includes: a light unit using a 3-wavelength light source a blue LED; and a second image-forming lens group forming an image using light coming out from the lighting unit. However, the reference of KIM explicitly teaches comprising an engine having a center axis different from the image light path and making and projecting a structured light pattern, wherein the engine includes: a light unit using a 3-wavelength light source a blue LED (see ¶s 24-28, 32 for an engine having a center axis different from the image light path and making and projecting a structured light pattern, wherein the engine includes: a light unit using a 3-wavelength light source a blue LED (i.e. the light source part 200 may emit light of different wavelengths, different wavelengths may be the red wavelengths, green wavelengths, and blue wavelengths within the visible spectrum, the light sources may be LEDs as described in fig. 1 paragraph 29)); and a second image-forming lens group forming an image using light coming out from the lighting unit (see ¶s 40, 42 for a second image-forming lens group forming an image using light coming out from the lighting unit (i.e. the micro-lens array 410 may include a plurality of micro lenses arranged along a lens surface opposing a light-receiving surface of the sensor 420, the micro lenses respectively correspond one-to-one to pixels in the sensor 420, that is, a certain number of pixel groups, and form images of different parallax levels by reflected light as described in fig. 1 paragraph 46). Also, see paragraphs 43-45)
Therefore, taking the combined teachings of PARK and KIM as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (3-wavelength) into the system of PARK as taught by KIM.
One will be motivated to incorporate the above feature into the system of PARK as taught by KIM for the benefit of having an intraoral scanner and a method for obtaining image data therefrom, by using emitted light of different wavelengths, it is possible to acquire 3D color image data with high lateral resolution of an object being photographed in order to improve efficiency when acquiring 3D color image data with high lateral resolution of an object being photographed (see ¶ 10)
Re claim 5, the combination of PARK and KIM as discussed in claim 4 above discloses all the claimed limitations but fails to explicitly teach comprising a second light path changer changing a path of light coming out through the second image-forming lens group to a path the same as the image light path. However, the reference of KIM explicitly teaches comprising a second light path changer changing a path of light coming out through the second image-forming lens group to a path the same as the image light path (see ¶ 74 for a second light path changer changing a path of light coming out through the second image-forming lens group to a path the same as the image light path (i.e. a first aperture part 357 for adjusting an F value of emitted light or patterned light and a second aperture part 341 for adjusting an F value of reflected light may be included as described in fig. 5 paragraph 72). Also, see paragraphs 76-79)
Therefore, taking the combined teachings of PARK and KIM as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (changing) into the system of PARK as taught by KIM.
One will be motivated to incorporate the above feature into the system of PARK as taught by KIM for the benefit of having a first aperture part 357 for adjusting an F value of emitted light or patterned light and a second aperture part 341 for adjusting an F value of reflected light may be included, wherein the pattern part 350 is to convert emitted light from the light source part 200 into patterned light, wherein the pattern part 350 may include at least one lens 351, a pattern filter 353, and the first aperture part 357, wherein the lens 351 may focus the emitted light from the light source part 200 into parallel light, wherein the pattern filter 353 may convert the parallel light into patterned light by imparting a pattern to the parallel light, wherein the first aperture part 357 adjusts the F value of the patterned light, wherein the first aperture part 357 may include at least one lens and a first aperture 355 in order to improve efficiency when adjusting an F value of emitted light or patterned light (see fig. 1 ¶ 72, 74)
Re claim 6, the combination of PARK and KIM as discussed in claim 5 above discloses all the claimed limitations but fails to explicitly teach wherein the second light path changer includes a third reflective mirror and a fourth reflective mirror. However, the reference of KIM explicitly teaches wherein the second light path changer includes a third reflective mirror and a fourth reflective mirror (see ¶ 38 for the second light path changer includes a third reflective mirror and a fourth reflective mirror (i.e. the reflectors 310 and 320 may be formed as rectangular mirrors but are not limited thereto, and of course, mirrors of various other shapes may be applied as described in fig. 1 paragraph 40))
Therefore, taking the combined teachings of PARK and KIM as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (reflective mirror) into the system of PARK as taught by KIM.
One will be motivated to incorporate the above feature into the system of PARK as taught by KIM for the benefit of having a reflector part 300 that may include a plurality of reflectors 310 and 320 and a support part 330 configured to support the reflectors 310 and 320 for the reflectors 310 and 320 to be inclined relative to the oral scanner body 1 in order to improve efficiency when reflecting light irradiated from the optical device of the oral scanner body 1 toward the pattern plate part 200 (see fig. 1 ¶ 38)
Re claim 7, the combination of PARK and KIM as discussed in claim 6 above discloses all the claimed limitations but fails to explicitly teach wherein the third reflective mirror and the fourth reflective mirror are manufactured and assembly into an integral reflective mirror. However, the reference of KIM explicitly teaches wherein the third reflective mirror and the fourth reflective mirror are manufactured and assembly into an integral reflective mirror (see ¶ 38 for the third reflective mirror and the fourth reflective mirror are manufactured and assembly into an integral reflective mirror (i.e. the reflectors 310 and 320 may be formed as rectangular mirrors but are not limited thereto, and of course, mirrors of various other shapes may be applied as described in fig. 1 paragraph 40). It should be noted that the reflectors 310 and 320 are manufactured and assembly into an integral reflective mirror as shown in fig. 1)
Therefore, taking the combined teachings of PARK and KIM as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (reflective mirror) into the system of PARK as taught by KIM.
Per claim 7, PARK and KIM are combined for the same motivation as set forth in claim 6 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE M MESA whose telephone number is (571)270-1706. The examiner can normally be reached Monday-Friday 8:30AM-6:00PM ET.
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, Thai Tran can be reached at 571-272-7382. 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.
3/24/2026
/JOSE M. MESA/
Examiner
Art Unit 2484
/THAI Q TRAN/Supervisory Patent Examiner, Art Unit 2484