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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim 3 and 8 objected to because of the following informalities:
Claim 3, line 4 recites “between the optical axis of the acquisition apparatus”. There is no antecedent basis for “the optical axis”. For the purpose of examination, it is interpreted as “between an optical axis of the acquisition apparatus”.
Claim 8, line 3 recites “such a symbol preferably having a shape complementary to the reference mark”. It is unclear of the meaning of “a shape complementary”. For the purposed of examination, it is interpreted as “such a symbol preferably having a shape”.
Appropriate correction is required.
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.
Claims 1-13 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation “such an image when said at least one predetermined acquisition condition associated with said symbol is met”, and the claim also recites “when all the predetermined acquisition conditions associated with said symbol are met” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
claim 12 recites the broad recitation “an image acquisition apparatus”, and the claim also recites “in the form of a cell phone” which is the narrower statement of the range/limitation;
claim 12 recites the broad recitation “a computer”, and the claim also recites “preferably integrated into the acquisition apparatus or in communication with the acquisition apparatus” which is the narrower statement of the range/limitation;
claim 12 recites the broad recitation “arranging and presenting to the user one or more multidimensional symbols on a screen”, and the claim also recites “preferably on the screen of the acquisition apparatus” which is the narrower statement of the range/limitation;
claim 12 recites the broad recitation “updating a coverage level of the target by the acquired images”, and the claim also recites “and preferably comparing the coverage level with a coverage threshold, and preferably presenting on the screen an information about the coverage level” which is the narrower statement of the range/limitation;
The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claims 2-13 are all rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as they are all dependent on claim 1.
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) 1-7 and 9-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carrier et al. (US 20240081951 A1), hereinafter as Carrier.
Regarding claim 1, Carrier teaches A method for acquiring a set of images covering a target belonging to an object in the mouth of a user (Carrier paragraph [0029] “These methods may include: displaying, on a screen of a mobile telecommunications device having a camera, a real-time image from the camera; and guiding a user in taking a series of predetermined views of the patient's teeth by sequentially, for each predetermined view: displaying, superimposed over the real-time image on the screen, an overlay comprising an outline of teeth in a predetermined view from the plurality of predetermined views; and triggering the capture of an image of the patient's teeth when the overlay approximately matches with the image of the patient's teeth in the display on the screen.”), the method comprising the following steps:
1) presenting to the user, on a screen and using spatially augmented reality with respect to the object in the mouth observed by an image acquisition apparatus, a multidimensional symbol or a set of multidimensional symbols, the shape and/or the position of each symbol being determined so as to indicate to the user at least one predetermined acquisition condition suitable for acquiring such an image (Carrier teaches a mobile telecommunication device with camera as the image acquisition apparatus, the on-screen overlay as the multidimensional symbol, further teaches matching the overlay with correct distance and angle as predetermined acquisition conditions, paragraph [0104-0105] “As shown in FIGS. 2 A and 2 B, users can approximately match visually on-screen overlay with the teeth of the patient. The camera of the mobile telecommunications device has to be positioned at a right distance and a right angle relative to the teeth in order to capture a high quality dental image. The user can refer to the on-screen overlay to guide the movement of the mobile telecommunications device camera to set a correct view and distance to the teeth of the patient in the view of the patient's teeth. The overly can help to precisely align the phone camera lens with the teeth of the patient and position the mobile telecommunications device at a right distance and a right angle to the teeth of the patient. ……The overlay with an outline of teeth in a predetermined view can further provide information such as required visible teeth in the predetermined view. ”); and
2) for each symbol, acquiring, using the acquisition apparatus, such an image when said at least one predetermined acquisition condition associated with said symbol is met, preferably when all the predetermined acquisition conditions associated with said symbol are met (Carrier paragraph [0104] “Once the overlay is matching (and the image focused, e.g., using autofocusing, and particularly autofocusing within all or a portion of the overly, as described below), the image of the view of the patient's teeth can be captured.”, paragraph [0113] “Any of the methods and apparatuses described herein may include the use (either with an overlay or without an overlay) of tooth recognition. For example, an apparatus may be configured to automatically detect one or more teeth and trigger an alert to take an image (or automatically take the image) when the identified tooth or teeth are in the desired orientation, size and/or location on the screen.”).
Carrier and the current application are in the same field of endeavor, namely acquiring dental/oral images. Carrier teaches a method to obtain high quality dental images to improve image quality, in paragraph [0104] for step 1 as one embodiment and paragraph [0113] for step 2 as another embodiment (Carrier paragraph [0102] “The overlay on the screen of the mobile telecommunications device can increase the quality of dental images by increasing the accuracy of the alignment of the camera lenses with teeth of the patient. The on-screen overlay with the outline of teeth can help doctors to take quality dental photos”). Therefore, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Carrier in various embodiments to improve image quality.
Regarding claim 2, Carrier teach The method according to claim 1, and further teach wherein, in step 2), an image is acquired with the acquisition apparatus only if a predetermined acquisition condition associated with at least one symbol is met (Carrier paragraph [0153] “A rapid series of images may be taken while moving the mobile device. Movement can be guided by the apparatus, and may be from left to right, upper to lower, etc. From the user's perspective it may be similar to taking a video, but a series of images (still images) may be extracted by the apparatus. For example, the apparatus may automatically review the images and match (or approximately match) views to the predetermined views, e.g., using the overlays as described above. The apparatus may select only those images having a sufficiently high quality. For example, blurry, dark or not optimally positioned photos may be automatically rejected.”).
Regarding claim 3, Carrier teach The method according to claim 1, and further teach wherein at least one symbol defines
- a symbol axis (X), preferably an axis of revolution, said acquisition condition being an angular deviation between the optical axis of the acquisition apparatus and said symbol axis of less than 20 degree, and/or
- a dimension (d) which, on the representation of the symbol on the screen, is variable as a function of the distance between the acquisition apparatus and said symbol in augmented reality, said acquisition condition being a specific value for said dimension or the belonging of said dimension to a predetermined specific range of values (Carrier teaches computing distance between camera and teeth, and comparing it with an expected distance, further teaches updating the color and intensity of tooth overlay based on the matching of overlay and teeth image, as a result of moving camera location, paragraph [0113] “The apparatus (e.g., system) described herein may also provide guidance by indicating when the image is too far or too close from the camera. For example the camera output may be analyzed to determine the approximate distance to/from the patient's mouth and this distance compared to an expected distance to take an optimal image….an apparatus may be configured to automatically detect one or more teeth and trigger an alert to take an image (or automatically take the image) when the identified tooth or teeth are in the desired orientation, size and/or location on the screen.”, paragraph [0023] “The set of instructions can cause the processor to trigger the indicator by displaying a visual indicator on the screen. Any appropriate visual indicator may be displayed, including a color, intensity (e.g., changing the color and/or intensity of the outline of the teeth overlay, cropping window, etc.), a textual/character indicator, or some combination thereof.”).
Regarding claim 4, Carrier teach The method according to claim 1, and further teach wherein, in step 2), a said image is automatically acquired with the acquisition apparatus if predetermined acquisition conditions defining a position in space and/or an orientation of the acquisition apparatus around its optical axis and including said at least one acquisition condition indicated by the symbol, are met (Carrier paragraph [0012] “The method can further comprise automatically capturing an image of the patient's teeth when the overlay approximately matches with the patient's teeth.”).
Regarding claim 5, Carrier teach The method according to claim 1, and further teach wherein, in step 2), such an image is acquired with the acquisition apparatus,
- the appearance of said symbol is modified or said symbol is made to disappear, and/or
- an audible signal is emitted, and/or
- a score displayed on the screen and relating to a rate of coverage of the target by the images already acquired and/or relating to the duration for the acquisition of the images already acquired and/or relating to the quality of the images already acquired and/or relating to the usefulness of the images already acquired is modified (Carrier teaches an audible sound signal, paragraph [0032] “Semi-automatic triggering (e.g., semi-automatic capturing) may refer to producing a signal, such as an audible sound and/or visual indicator (e.g., flashing, color change, etc.) when the patient's anatomy (e.g., teeth) shown on the screen matches the overlay on the screen.”).
Regarding claim 6, Carrier teach The method according to claim 5, and further teach wherein, when the set of images has been acquired, the user is presented, on the screen, with a ranking determined as a function of said score (Carrier teaches image quality as the score, the image quality is checked against a threshold to decide an alert, paragraph [0024] “The set of instructions, when executed by the processor, can further cause the processor to check the image quality of the captured image and displaying on the screen if the image quality is below a threshold for image quality. The quality may automatically determine focus, lighting (dark/light), etc. of the image and may alert the user and/or automatically reject or accept the image.”).
Regarding claim 7, Carrier teach The method according to claim 1, and further teach wherein the screen displays the symbols on preview images representing the real scene observed by the acquisition apparatus or on views of a model representing, like said preview images, at least said object in the mouth or said target (Carrier paragraph [0007] “the methods described herein may include displaying, on a screen (e.g., of a mobile communications device such as a smartphone, etc.), an overlay comprising an outline of teeth in a predetermined view. The overlay may be displayed atop the view from the camera, which may showing a real-time display of from the camera. As the camera is used to image the patient's teeth”).
Regarding claim 9, Carrier teach The method according to claim 1, and further teach wherein the target comprises more than 5 teeth and/or an orthodontic appliance, and/or the set of symbols comprises more than 2 symbols. (Carrier teaches two symbols, overlay and the region of focus point within overlay, paragraph [0139] “For example, FIG. 12A shows an example of a screen 1201 having an overlay 1203 shown atop any images from the camera being displayed on the screen. In FIG. 12A, a region (point) of focus within the overlay is shown as a dot 1205 within the overlay of one of the upper incisors.”).
Regarding claim 10, Carrier teach The method according to claim 1, and further teach wherein the acquisition apparatus is manipulated by the user in steps 1) and 2) (Carrier paragraph [0032] “ An overlay may be shown for each predetermined view. The user may observe the screen and, once the image shows the patient's anatomy approximately matching within the overlay, the image may be captured. Image capture may be manual (e.g., manually triggered for capture by the user activating a control, such as pushing a button to take the image)”).
Regarding claim 11, Carrier teach The acquisition method according to claim 1, and further teach wherein the images are photos, preferably realistic, and/or represent a deformed mask, resulting from the projection, preferably by the acquisition apparatus, of an original mask, preferably in the form of a grid or a set of dots (Carrier paragraph [0029] “Any of the methods described herein may be methods to obtain a series of images of a patient's teeth. These methods may include: displaying, on a screen of a mobile telecommunications device having a camera, a real-time image from the camera; and guiding a user in taking a series of predetermined views of the patient's teeth by sequentially, for each predetermined view”).
Regarding claim 12, Carrier teach A device for carrying out a method according to claim 1 (Carrier paragraph [0006] “Described herein are methods, apparatuses (including devices and systems, such as non-transitory, computer-readable storage media and systems including these) for capturing dental images”, please see claim 1 for detailed rationale), comprising
- an image acquisition apparatus, preferably in the form of a cell phone (Carrier paragraph [0008] “The method can comprise viewing the patient's teeth, for example, on a screen of a mobile telecommunications device having a camera (e.g., smartphone, mobile phone, etc.);
- a computer, preferably integrated into the acquisition apparatus or in communication with the acquisition apparatus, having a computer program comprising program code instructions for (Carrier paragraph [0022] “The set of instructions, when executed by the processor, can further cause the processor to display a generic overlay. For another example, set of instructions can cause the processor to display a patient-specific overlay derived from the patient's teeth.”, paragraph [0025] “The set of instructions, when executed by the processor, can further cause the processor to transmit the captured image to a remote server. Transmission may be automatic or manual.”)
- in step 1), arranging and presenting to the user one or more multidimensional symbols on a screen, preferably on the screen of the acquisition apparatus, in augmented reality within the space of the oral object, the shape and/or position of a symbol being determined to indicate to the user at least one predetermined acquisition condition suitable for acquiring such an image (Carrier teaches a mobile telecommunication device with camera as the image acquisition apparatus, the on-screen overlay as the multidimensional symbol, further teaches matching the overlay with correct distance and angle as predetermined acquisition conditions, paragraph [0104-0105] “As shown in FIGS. 2 A and 2 B, users can approximately match visually on-screen overlay with the teeth of the patient. The camera of the mobile telecommunications device has to be positioned at a right distance and a right angle relative to the teeth in order to capture a high quality dental image. The user can refer to the on-screen overlay to guide the movement of the mobile telecommunications device camera to set a correct view and distance to the teeth of the patient in the view of the patient's teeth. The overly can help to precisely align the phone camera lens with the teeth of the patient and position the mobile telecommunications device at a right distance and a right angle to the teeth of the patient. ……The overlay with an outline of teeth in a predetermined view can further provide information such as required visible teeth in the predetermined view. ”); and
- preferably, in step 2), authorizing the acquisition, with the acquisition apparatus, of such an image only if said at least one predetermined acquisition condition associated with a symbol is met, and/or commanding the acquisition apparatus to acquire such an image only if said at least one predetermined acquisition condition is met, and/or updating a coverage level of the target by the acquired images, and preferably comparing the coverage level with a coverage threshold, and preferably presenting on the screen an information about the coverage level and/or about the difference between the coverage threshold and the coverage level (Carrier paragraph [0104] “Once the overlay is matching (and the image focused, e.g., using autofocusing, and particularly autofocusing within all or a portion of the overly, as described below), the image of the view of the patient's teeth can be captured.”, paragraph [0113] “Any of the methods and apparatuses described herein may include the use (either with an overlay or without an overlay) of tooth recognition. For example, an apparatus may be configured to automatically detect one or more teeth and trigger an alert to take an image (or automatically take the image) when the identified tooth or teeth are in the desired orientation, size and/or location on the screen.”).
Regarding claim 13, Carrier teach The device according to claim 12, and further teach wherein the acquisition apparatus is
- a cell phone and said screen is integrated into the cell phone or
- a device comprising a holder equipped with a camera and held against the user during image acquisition, the screen being integrated into the holder or at a distance from the holder (Carrier paragraph [0008] “The method can comprise viewing the patient's teeth, for example, on a screen of a mobile telecommunications device having a camera (e.g., smartphone, mobile phone, etc.). The method can further comprise displaying, on the screen, an overlay comprising an outline of teeth in a predetermined view, wherein the overlay is displayed atop the view of the patient's teeth. “).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carrier et al. (US 20240081951 A1), hereinafter as Carrier, further in view of Salah et al. (US 20180185125 A1), hereinafter as Salah.
Regarding claim 8, Carrier teach The method according to claim 1, but are not relied on for the below claim language wherein the screen displays a reference mark in a fixed position on the screen, such a symbol preferably having a shape complementary to the reference mark when a predetermined acquisition condition associated with said symbol is met. Salah teaches wherein the screen displays a reference mark in a fixed position on the screen, such a symbol preferably having a shape complementary to the reference mark when a predetermined acquisition condition associated with said symbol is met (Salah teaches using a register mark and a shape complementing the register mark, Carrier teaches a visual indicator when the tooth overlay matching camera image, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Salah with the method of Carrier. Salah paragraph [0114-0121] “An acquisition kit according to the invention preferably has one or more of the following optional features: the acquisition apparatus is a mobile phone; the reference is chosen from the group consisting of a point, a geometrical shape, preferably a circle, a square, a rectangle or a line, a colored zone of the same color as said register mark, a shape identical to the shape of said register mark, a shape complementing the shape of said register mark, in particular to form a shape having a direction, like a geometrical shape, a letter or a text, a drawing, or a pattern”. Carrier paragraph [0023] “The set of instructions can cause the processor to trigger the indicator by displaying a visual indicator on the screen. Any appropriate visual indicator may be displayed, including a color, intensity (e.g., changing the color and/or intensity of the outline of the teeth overlay, cropping window, etc.), a textual/character indicator, or some combination thereof.”).
Carrier and Salah are in the same field of endeavor, namely obtaining dental/oral images. Salah teaches an acquisition unit with register mark to improve user interaction (Salah paragraph [0422] “As now emerges, a method for monitoring the positioning of the teeth according to the invention allows for an accurate and effective monitoring of the positioning of the teeth of the patient, substantially without stress for the patient. In particular, simple photographs taken with no particular precaution, for example with a mobile phone, are sufficient. The patient can therefore easily implement this method.”). Therefore, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Salah with the method of Carrier to improve user interaction.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bevis et al. (US 20210052138 A1) teaches a method to provide feedback to user to change the position and orientation of camera to satisfy predetermined feature threshold (paragraph [0015] “via the user interface, feedback to the user regarding the obtained image if the one or more extracted features does not satisfy the predetermined feature threshold, wherein the feedback comprises instructions to implement the calculated physical adjustment of the imaging device required to satisfy the predetermined feature threshold.”).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XIAOMING WEI whose telephone number is (571)272-3831. The examiner can normally be reached M-F 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kee Tung can be reached at (571)272-7794. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/XIAOMING WEI/Examiner, Art Unit 2611
/KEE M TUNG/Supervisory Patent Examiner, Art Unit 2611
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