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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 101
Claims 29-35 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more.
Claim 29
Step 1: Claim 29 is directed to an electronic device, which is a machine, thereby meeting step 1.
Step 2A, Prong One: Claim 29 recites a “mathematical concept”:
obtain encoded-and-compressed data by encoding and compressing the data;
MPEP 2106.04 II recites, "Adding one abstract idea (math) to another abstract idea (encoding and decoding) does not render the claim non-abstract”
perform a three-dimensional reconstruction using the encoded-and-compressed data, thereby obtain a three-dimensional model of the target object.
Under BRI, “perform a three-dimensional reconstruction” could be interpreted as including decoding and decompressing data that have been encoded and compressed, and the encoded and compressed data include a 3D model.
MPEP 2106.04 II recites, "Adding one abstract idea (math) to another abstract idea (encoding and decoding) does not render the claim non-abstract”
Step 2A, Prong Two: The following additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
(a) at least one processor; a storage device, being stored with instructions, which when executed by the at least one processor, cause the at least one processor to:
(b) acquire data of a target scene, the data comprising an area of a target object in the target scene;
Regarding (a), the processor, under BRI, could be interpreted as a computer or computer components. The computer is recited at a high level of generality, performing a generic computer function. This generic processor limitation is no more than mere instructions to apply the exception using a generic computer component. MPEP 2106.05(f).
The additional element (b) is insignificant extra-solution activity, specifically, mere data gathering. MPEP 2106.05(g)(3), “Mere Data Gathering” examples iii, iv. “Adding insignificant extra-solution activity to the judicial exception, as discussed in MPEP § 2106.05(g).” MPEP 2106.04(d) Integration of a Judicial Exception Into A Practical Application.
Step 2B: Additional elements are determined not to amount to an inventive concept after having considered them both individually and in combination; and the additional elements do not amount to significantly more than the judicial exception itself.
(a) at least one processor; a storage device, being stored with instructions, which when executed by the at least one processor, cause the at least one processor to:
(b) acquire data of a target scene, the data comprising an area of a target object in the target scene;
Regarding (a), the processor, under BRI, could be interpreted as a computer or computer components. The computer is recited at a high level of generality, performing a generic computer function. This generic processor limitation is no more than mere instructions to apply the exception using a generic computer component. MPEP 2106.05(f).
The additional element (b) is insignificant extra-solution activity, specifically, mere data gathering. MPEP 2106.05(g)(3), “Mere Data Gathering” examples iii, iv. “Adding insignificant extra-solution activity to the judicial exception, as discussed in MPEP § 2106.05(g).” Further, it is similar to MPEP § 2106.05(d).II. example i. “Receiving or transmitting data over a network,” which the courts have recognized as well‐understood, routine, and conventional.
Therefore, Claim 29 is rejected under 35 USC § 101.
Claim 30
Step 1: Claim 30 depends on Claim 29 and is directed to the machine, thereby meeting step 1.
Step 2A, Prong One: Claim 30 recites the following limitations that belong to mathematical concept.
wherein
Step 2A, Prong Two; Step 2B: Regarding “the at least one processor,” under BRI, could be interpreted as a computer or computer components. The computer is recited at a high level of generality, performing a generic computer function. This generic processor limitation is no more than mere instructions to apply the exception using a generic computer component. MPEP 2106.05(f).
Claim 31
Step 1: Claim 31 depends on Claim 30 and is directed to the machine, thereby meeting step 1.
Step 2A, Prong One: Claim 31 recites the following limitations that belong to mathematical concept.
wherein
Step 2A, Prong Two; Step 2B: additional elements:
“at least one processor” and “through a field programmable gate array (FPGA) chip or a digital signal processor (DSP) chip”
Regarding these limitations, under BRI, could be interpreted as a computer or computer components. The computer is recited at a high level of generality, performing a generic computer function. This generic processor limitation is no more than mere instructions to apply the exception using a generic computer component. MPEP 2106.05(f).
Claim 32
Step 1: Claim 32 depends on Claim 29 and is directed to the machine, thereby meeting step 1.
Step 2A, Prong One: Claim 32 does not recite additional judicial exceptions.
Step 2A, Prong Two; Step 2B: additional elements:
wherein the target scene is an oral cavity scene; and the target object comprises at least one of a tooth, a gum, and a soft tissue, the soft tissue refers to a movable part in the oral cavity.
Regarding these limitations, they disclose the field of use and generally liking the use of a judicial exception to a particular technological environment. MPEP 2106.05(h). Similar example vi “Limiting the abstract idea of collecting information, analyzing it, and displaying certain results of the collection and analysis to data related to the electric power grid, because limiting application of the abstract idea to power-grid monitoring is simply an attempt to limit the use of the abstract idea to a particular technological environment.”
Claim 33
Claim 33 is substantially similar to Claim 29. The analyses for 101 rejection are similar. In addition, Claim 33 recites, “A non-transitory storage medium, being stored with a computer program, which when executed by a processor of an electronic device, . . ..” Regarding the limitation, under BRI, could be interpreted as a computer or computer components. The computer is recited at a high level of generality, performing a generic computer function. This generic processor limitation is no more than mere instructions to apply the exception using a generic computer component. MPEP 2106.05(f).
Claim 34
Step 1: Claim 34 depends on Claim 33 and is directed to a statutory category, thereby meeting step 1.
Step 2A, Prong One: Claim 34 recites the following limitations that belong to mathematical concept.
wherein obtaining the encoded-and-compressed data comprises: stitching, encoding, and compressing a plurality of frames of data in the data of the target scene according to a preset time period.
Step 2A, Prong Two; Step 2B: There are no additional elements.
Claim 35
Step 1: Claim 35 depends on Claim 34 and is directed to a statutory category, thereby meeting step 1.
Step 2A, Prong One: Claim 35 does not recite additional judicial exceptions.
Step 2A, Prong Two; Step 2B: additional elements:
wherein the target scene is an oral cavity scene; and the target object comprises at least one of a tooth, a gum, and a soft tissue, the soft tissue refers to a movable part in the oral cavity.
Regarding these limitations, they disclose the field of use and generally liking the use of a judicial exception to a particular technological environment. MPEP 2106.05(h). Similar example vi “Limiting the abstract idea of collecting information, analyzing it, and displaying certain results of the collection and analysis to data related to the electric power grid, because limiting application of the abstract idea to power-grid monitoring is simply an attempt to limit the use of the abstract idea to a particular technological environment.”
Claims 16-28 are not rejected under 35 USC § 101 because the additional elements recited in the independent Claim 16 integrate the recited judicial exception into a practical application.
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 16-17, 19, 22-23, 25-26, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Fridman et al. (US 20220233284 A1) in view of Seiler et al. (US 20210223825 A1).
Regarding Claim 16, Fridman teaches A three-dimensional reconstruction ( “. . . run a surface reconstruction algorithm that may use detected patterns (e.g., dot patterns) projected onto object 1312 to generate a 3D surface of the object 1312” Fridman ¶ 268. ) method, comprising:
acquiring data of a target scene (oral cavity) by a scanner, the data comprising an area of a target object (e.g., tooth) in the target scene (
“For some applications, there is at least one uniform light projector 1328 (which may be an unstructured light projector that projects light across a range of wavelengths) coupled to rigid structure 1306. Uniform light projector 1328 may transmit white light onto object 1312 being scanned. At least one camera, e.g., one of cameras 1304, captures two-dimensional color images of object 1312 using illumination from uniform light projector 1328. Light reflecting off of the object 1312 may enter the scanner head and be received by the cameras.” Fridman ¶ 267.
target object [Wingdings font/0xE0] object 1312, which could be a tooth according to Fridman ¶ 154:
“The dental practitioner may utilize distributed scanning system 100 to scan the patient's teeth in a scanning mode. The dental practitioner may use scanner 150 to capture the patient's teeth segments (e.g., upper arch, lower arch, bite segments) in one or more sets of intraoral scans. The intraoral scan application 115 may register and stitch together the intraoral scans to create a 3D rendering of the scanned segments and present the 3D rendering to the dental practitioner on the user interface of the intraoral scan application through one of devices 152-156.” Fridman ¶ 154.),
the scanner capable of possible data transmission modes between the scanner and a computer terminal, the data transmission modes comprising a wireless transmission and a wired transmission (“FIGS. 15A-19B illustrate examples of different wired and/or wireless connection options for a scanner 1500 according to embodiments.” Fridman ¶ 287.);
obtaining, by the scanner, encoded-and-compressed data by encoding and compressing the data (Fridman Fig. 4 410 “Compress intraoral scan data”) (
[BRI on the record]
With respect to “compress,” the Examiner is reading the limitation to mean: to reduce in size, quantity, or volume as if by squeezing.
With respect to “encode,” the Examiner is reading the limitation to mean: to convert (something, such as a body of information) from one system of communication into another.
[Mapping Analysis]
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compressing [Wingdings font/0xE0] Fridman Fig. 4 410 “Compress intraoral scan data”
encoding [Wingdings font/0xE0] converting the intraoral scan data before compression into a compressed format that can be decompressed and can be transmitted. See Fridman Fig. 4 415, 420.);
transmitting, by the scanner, the encoded-and-compressed data to the computer terminal (local server computing device) (Fridman Fig. 4 415 “Wirelessly transmit compressed intraoral scan data.”), and
enabling the computer terminal to perform a three-dimensional reconstruction using the encoded-and-compressed data or to perform a display three-dimensionally using the encoded-and-compressed data, thereby obtaining a three-dimensional model of the target object (
[BRI] with respect to “thereby,” the Examiner is reading the limitation to indicate intended result. Therefore, the claim requires, by any means, obtaining a three-dimensional model of the target object.
[Mapping Analysis]
Fig. 4 430, 435, 440, which teaches reconstructing 3D surfaces of teeth based on decompressed data and display a view of the 3D surfaces).
Fridman does not explicitly disclose; however, Seiler teaches the device capable of data transmission modes (“termination of a wired connection via a connector, after a module is detached from a cavity of the computing device, and automatically switching from the wired connection to a wireless connection between the module and the computing device, to maintain the data communications between the module and the computing device.” Seiler Abstract.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Seiler’s switching between wired and wireless network connection with Fridman. One of ordinary skill in the art would be motivated to provide more convenience to a user, so that the user may choose connection type that fits the user’s situation or preference.
Regarding Claim 17, Fridman in view of Seiler teaches The method according to claim 16, wherein obtaining the encoded-and-compressed data comprises:
stitching, encoding, and compressing a plurality of frames of data in the data of the target scene according to a preset time period (
Fridman teaches stitching, “During an intraoral scan session, local intraoral scan application 115 receives and processes intraoral scan data (e.g., intraoral scans) and generates a 3D surface of a scanned region of an oral cavity (e.g., of a dental site) based on such processing. To generate the 3D surface, intraoral scan application 115 may register and “stitch” or merge together the intraoral scans generated from the intraoral scan session in real time or near-real time as the scanning is performed. In one embodiment, performing registration includes capturing 3D data of various points of a surface in multiple scans (views from a camera), and registering the scans by computing transformations between the scans. The 3D data may be projected into a 3D space for the transformations and stitching. The scans may be integrated into a common reference frame by applying appropriate transformations to points of each registered scan and projecting each scan into the 3D space.” Fridman ¶ 135.
compressing [Wingdings font/0xE0] Fridman Fig. 4 410 “Compress intraoral scan data”
encoding [Wingdings font/0xE0] converting the intraoral scan data before compression into a compressed format that can be decompressed and can be transmitted. See Fridman Fig. 4 415, 420.
Fridman teaches a plurality of frame per second, a preset time period, stating “In some applications, cameras 1304 may capture images at a frame rate of at least 30 frames per second, e.g., at a frame of at least 75 frames per second, e.g., at least 100 frames per second. In some applications, the frame rate may be less than 200 frames per second.” Fridman ¶ 261. “In some embodiments, video compression techniques (e.g., optionally based on H.264 codec) are used to compress the stream of intraoral scan data.” Fridman ¶ 129.
Fridman does not explicitly disclose that stitching is done on the scanner. However, it would have been obvious to try, because it is choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. There are two options: (a) stitching on the scanner device, and (b) stitching on the “local server computing device” of Fig. 4. There is a reasonable expectation of success, because it is a computing job that can be conducted any computing device.).
Regarding Claim 19, Fridman in view of Seiler teaches The method according to claim 17, wherein the scanner comprises at least two cameras, and the data comprises data acquired by the at least two cameras (“Similarly, for some applications, cameras 1304 and/or other optical sensors are positioned within probe 1308 such that each camera 1304 faces an object 1312 outside of intraoral scanner 1300 that is placed in its field of view, as opposed to positioning the cameras in a proximal end of the intraoral scanner and viewing the object by reflection of light off a mirror and into the camera. This positioning of the projectors and the cameras within probe 1308 enables the scanner to have an overall large field of view while maintaining a low profile probe. Alternatively, the cameras may be disposed in a proximal end of the handheld wand.” Fridman ¶ 260.).
Regarding Claim 22, Fridman in view of Seiler teaches The method according to claim 16,
wherein the scanner comprises one camera, and the data of the target scene comprise data captured by one camera (
[BRI on the record] with respect to “comprises one camera,” under BRI, it does not require that the scanner has only one camera because of the term “comprises.”
[Mapping Analysis]
“For some applications, there is at least one uniform light projector 1328 (which may be an unstructured light projector that projects light across a range of wavelengths) coupled to rigid structure 1306. Uniform light projector 1328 may transmit white light onto object 1312 being scanned. At least one camera, e.g., one of cameras 1304, captures two-dimensional color images of object 1312 using illumination from uniform light projector 1328. Light reflecting off of the object 1312 may enter the scanner head and be received by the cameras. The cameras may then generate intraoral scan data based on the received light. The wireless communication module may wirelessly send the intraoral scan data to a local server computing device in embodiments.” Fridman ¶ 267.), and
obtaining the encoded-and-compressed data by encoding and compressing the data comprises: stitching, encoding, and compressing a plurality of frames of data captured by the one camera according to a preset time period (
Fridman teaches stitching, “During an intraoral scan session, local intraoral scan application 115 receives and processes intraoral scan data (e.g., intraoral scans) and generates a 3D surface of a scanned region of an oral cavity (e.g., of a dental site) based on such processing. To generate the 3D surface, intraoral scan application 115 may register and “stitch” or merge together the intraoral scans generated from the intraoral scan session in real time or near-real time as the scanning is performed. In one embodiment, performing registration includes capturing 3D data of various points of a surface in multiple scans (views from a camera), and registering the scans by computing transformations between the scans. The 3D data may be projected into a 3D space for the transformations and stitching. The scans may be integrated into a common reference frame by applying appropriate transformations to points of each registered scan and projecting each scan into the 3D space.” Fridman ¶ 135.
compressing [Wingdings font/0xE0] Fridman Fig. 4 410 “Compress intraoral scan data”
encoding [Wingdings font/0xE0] converting the intraoral scan data before compression into a compressed format that can be decompressed and can be transmitted. See Fridman Fig. 4 415, 420.
Fridman teaches a plurality of frame per second, a preset time period, stating “In some applications, cameras 1304 may capture images at a frame rate of at least 30 frames per second, e.g., at a frame of at least 75 frames per second, e.g., at least 100 frames per second. In some applications, the frame rate may be less than 200 frames per second.” Fridman ¶ 261. “In some embodiments, video compression techniques (e.g., optionally based on H.264 codec) are used to compress the stream of intraoral scan data.” Fridman ¶ 129.
Fridman does not explicitly disclose that stitching is done on the scanner. However, it would have been obvious to try, because it is choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. There are two options: (a) stitching on the scanner device, and (b) stitching on the “local server computing device” of Fig. 4. There is a reasonable expectation of success, because it is a computing job that can be conducted any computing device.).
Regarding Claim 23, Fridman in view of Seiler teaches The method according to claim 16, wherein the target scene is an oral cavity scene; and the target object comprises at least one of a tooth, a gum, and a soft tissue (
target object [Wingdings font/0xE0] object 1312, which could be a tooth according to Fridman ¶ 154:
“The dental practitioner may utilize distributed scanning system 100 to scan the patient's teeth in a scanning mode. The dental practitioner may use scanner 150 to capture the patient's teeth segments (e.g., upper arch, lower arch, bite segments) in one or more sets of intraoral scans. The intraoral scan application 115 may register and stitch together the intraoral scans to create a 3D rendering of the scanned segments and present the 3D rendering to the dental practitioner on the user interface of the intraoral scan application through one of devices 152-156.” Fridman ¶ 154.),
Regarding Claim 25, Fridman in view of Seiler teaches The method according to claim 16, wherein the scanner (scanner 150) comprises a power supply unit, the power supply unit comprises a charging module (comprising “the secondary induction coil”) and a battery module (“rechargeable batteries”), the charging module is capable of charging the battery module in a wireless charging mode (“wireless charging capability”) or in a connector charging mode, and the battery module is capable of providing power to the scanner when the scanner is in a non-working state (
[BRI on the record] With respect to “non-working state,” the Examiner is reading the limitation to mean non-scanning state. The Examiner went through the specification, which does not appear to provide clear guidance on the interpretation.
[Mapping Analysis]
“Each cradle 130A-C may be a charging station used to hold and charge scanner 150. In some embodiments, cradles 130A-C include wireless chargers that wirelessly charge a scanner 150 (e.g., that includes one or more rechargeable batteries) having wireless charging capability that is placed in the cradles 130A-C. For example, a cradle 130A-C may include a primary induction coil and a scanner 150 may include a secondary induction coil. The primary induction coil of the cradle 130A-C may induce a current in the secondary induction coil of the scanner 150 to charge the scanner 150 via resonant inductive coupling. In such embodiments, the scanner 150 may not include exposed charging pins. Additionally, scanner 150 and cradles 130A-C may support other types of wireless charging technologies, such as radio charging, and resonance charging.” Fridman ¶ 165.
The scanner’s batteries are capable of providing power to the scanner, whether it is scanning or not.).
Regarding Claim 26, Fridman in view of Seiler teaches The method according to claim 25, wherein when the charging module charges the battery module in the wireless charging mode, the wireless charging mode is a contact wireless charging mode or a contactless wireless charging mode (“Each cradle 130A-C may be a charging station used to hold and charge scanner 150. In some embodiments, cradles 130A-C include wireless chargers that wirelessly charge a scanner 150 (e.g., that includes one or more rechargeable batteries) having wireless charging capability that is placed in the cradles 130A-C. For example, a cradle 130A-C may include a primary induction coil and a scanner 150 may include a secondary induction coil. The primary induction coil of the cradle 130A-C may induce a current in the secondary induction coil of the scanner 150 to charge the scanner 150 via resonant inductive coupling. In such embodiments, the scanner 150 may not include exposed charging pins. Additionally, scanner 150 and cradles 130A-C may support other types of wireless charging technologies, such as radio charging, and resonance charging.” Fridman ¶ 165.
Here, the wireless charging mode is either contact or contactless.).
Regarding Claim 28, Fridman in view of Seiler teaches The method according to claim 16, further comprising:
receiving, by a computer terminal, the encoded-and-compressed data from the scanner (Fridman Fig. 4 420); obtaining, by the computer terminal, a three-dimensional model of the target object by performing a three-dimensional reconstruction (Fridman Fig. 4 430) using the encoded-and-compressed data (Fridman Fig. 4 425) or to perform a display three-dimensionally using the encoded-and-compressed data (Fridman Fig. 4 420, 425, 430, 435, 440).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Fridman in view of Seiler as applied to Claim 17, in further view of FUNAKUBO (JP 2004080154 A).
Regarding Claim 18, Fridman in view of Seiler teaches The method according to claim 17, wherein the scanner comprises a field programmable gate array (FPGA) chip or a digital signal processor (DSP) chip (Fridman ¶ 285, 255), and obtaining, by the scanner, the encoded-and-compressed data comprises: extracting, encoding and compressing, through the FPGA chip or the DSP chip,
“Intraoral scanner 1400 further includes a control module 1470 in the body connected both to semiconductor laser 1308 and a motor 1472, voice coil or other translation mechanism. In one embodiment, control module 1470 is or includes a field programmable gate array (FPGA) configured to perform control operations.” Fridman ¶ 285.
Fridman teaches stitching, “During an intraoral scan session, local intraoral scan application 115 receives and processes intraoral scan data (e.g., intraoral scans) and generates a 3D surface of a scanned region of an oral cavity (e.g., of a dental site) based on such processing. To generate the 3D surface, intraoral scan application 115 may register and “stitch” or merge together the intraoral scans generated from the intraoral scan session in real time or near-real time as the scanning is performed. In one embodiment, performing registration includes capturing 3D data of various points of a surface in multiple scans (views from a camera), and registering the scans by computing transformations between the scans. The 3D data may be projected into a 3D space for the transformations and stitching. The scans may be integrated into a common reference frame by applying appropriate transformations to points of each registered scan and projecting each scan into the 3D space.” Fridman ¶ 135.
compressing [Wingdings font/0xE0] Fridman Fig. 4 410 “Compress intraoral scan data”
encoding [Wingdings font/0xE0] converting the intraoral scan data before compression into a compressed format that can be decompressed and can be transmitted. See Fridman Fig. 4 415, 420.
Fridman does not explicitly disclose that stitching is done on the scanner. However, it would have been obvious to try, because it is choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. There are two options: (a) stitching on the scanner device, and (b) stitching on the “local server computing device” of Fig. 4. There is a reasonable expectation of success, because it is a computing job that can be conducted any computing device.).
Fridman in view of Seiler does not explicitly disclose; however, FUNAKUBO teaches the compressed data is organized in stripes (“The reason why the compressed image data is rearranged in this way is that, for example, when the image is an image such as a horizontal stripe, approximate data is arranged, and the compression efficiency can be increased.” FUNAKUBO ¶ 29.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine FUNAKUBO’s stripes with Fridman in view of Seiler. One of ordinary skill in the art would be motivated to enhance compression efficiency. “The reason why the compressed image data is rearranged in this way is that, for example, when the image is an image such as a horizontal stripe, approximate data is arranged, and the compression efficiency can be increased.” FUNAKUBO ¶ 29.
Claims 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Fridman in view of Seiler as applied to Claim 19, in further view of Carlson et al. (US 20080136914 A1).
Regarding Claim 20, Fridman in view of Seiler teaches The method according to claim 19, wherein the at least two cameras comprise a infrared or near-infrared camera and a color camera, and the data of the target scene comprise data collected by the infrared or near-infrared camera and data collected by the color camera (“Scanner 150 may additionally or alternatively generate 2D or 3D images under certain lighting conditions, such as under conditions of infrared or near-infrared (NIRI) light and/or ultraviolet light, and may send such 2D or 3D images to server computing device 105 via the wireless connection. Intraoral scans, color images, and images under specified lighting conditions (e.g., NIRI images, infrared images, ultraviolet images, etc.) are collectively referred to as intraoral scan data 135A-N.” Fridman ¶ 126.).
Fridman in view of Seiler does not explicitly disclose; however, Carlson teaches the infrared or near-infrared camera produces black-and-whiteimages (
“Some CCD night/day infrared cameras offer black and white images in low light and color images during direct sunlight or when provided with external illumination (such as from the flood lights provided on the enclosure).” Carlson ¶ 11.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Carlson’s black and white images with Fridman in view of Seiler. One of ordinary skill in the art would be motivated to generate/process images with a pair of colors that have a strong contrast. Further, a viewer is more familiar with black and white images compared to other types of monochrome images.
Regarding Claim 21, Fridman in view of Seiler and Carlson teaches The method according to claim 20, wherein the “stitching” refers to stitching the data collected by the black-and-white camera and the data collected by the color camera into a combined image (
“Scanner 150 may additionally or alternatively generate 2D or 3D images under certain lighting conditions, such as under conditions of infrared or near-infrared (NIRI) light and/or ultraviolet light, and may send such 2D or 3D images to server computing device 105 via the wireless connection. Intraoral scans, color images, and images under specified lighting conditions (e.g., NIRI images, infrared images, ultraviolet images, etc.) are collectively referred to as intraoral scan data 135A-N.” Fridman ¶ 126.
The infrared images could be black and white, because “Some CCD night/day infrared cameras offer black and white images in low light and color images during direct sunlight or when provided with external illumination (such as from the flood lights provided on the enclosure).” Carlson ¶ 11.
All scan data are stitched, because “Intraoral scan application 115 may repeat registration and stitching for all scans of a sequence of intraoral scans and update the 3D surface as the scans are received.” Fridman ¶ 136.
Fridman teaches stitching, “During an intraoral scan session, local intraoral scan application 115 receives and processes intraoral scan data (e.g., intraoral scans) and generates a 3D surface of a scanned region of an oral cavity (e.g., of a dental site) based on such processing. To generate the 3D surface, intraoral scan application 115 may register and “stitch” or merge together the intraoral scans generated from the intraoral scan session in real time or near-real time as the scanning is performed. In one embodiment, performing registration includes capturing 3D data of various points of a surface in multiple scans (views from a camera), and registering the scans by computing transformations between the scans. The 3D data may be projected into a 3D space for the transformations and stitching. The scans may be integrated into a common reference frame by applying appropriate transformations to points of each registered scan and projecting each scan into the 3D space.” Fridman ¶ 135.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Carlson’s black and white images with Fridman in view of Seiler. One of ordinary skill in the art would be motivated to generate/process images with a pair of colors that have a strong contrast.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Fridman in view of Seiler as applied to Claim 23, in further view of Dillon et al. (US 20140272774 A1).
Regarding Claim 24, Fridman in view of Seiler teaches The method according to claim 23.
Fridman in view of Seiler does not explicitly disclose; however, Dillon teaches wherein the soft tissue refers to a movable part in the oral cavity (
“After that the wand 108 is gripped differently and after scanning part of the occlusal surface of the third tooth the wand 108 is moved down to the side surface of the third tooth, and the wand 108 continues to image the side surface of the third tooth, a fourth tooth, a fifth tooth along the labial surface before being moved up to scan the occlusal surface of the fifth tooth to complete the scanning of a second segment of the labial surface. Therefore, via a hook shaped or other movement pattern, at least a segment (e.g., spanning 2-6 teeth or more) of a labial scan is obtained. In alternative embodiments, other exemplary patterns besides a hook shaped pattern may be used for the movement of the wand 108. Since the wand 108 may have to be regripped (i.e., gripped in different ways) while capturing images of the labial and lingual surfaces, the scanned images of the lingual and labial surfaces may be captured in multiple segments. Each segment corresponds to images captured in a single uninterrupted movement of the wand. From block 406, control proceeds to block 410 where the labial scan segments are attached to the occlusal backbone.” Dillon ¶ 60. This mapping is consistent with the specification Spec. ¶ 39.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Dillon’s scan images with Fridman in view of Seiler. One of ordinary skill in the art would be motivated to provide more contextual information for the dental imaging.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Fridman in view of Seiler as applied to Claim 26, in further view of Tsai et al. (US 20150130370 A1).
Regarding Claim 27, Fridman in view of Seiler teaches The method according to claim 26.
Fridman in view of Seiler does not explicitly disclose; Tsai teaches wherein the battery module comprises functions of a power display and a low-power reminder to feed back power information to an operator in real time (“The second display triggering signal can be used to trigger the LED display patterns correlate to the sign information to display. The sign information comprises wireless matching, wireless connecting, data synchronizing, goal achieving and low power warning. The second display triggering signal is sent automatically according to a specific circumstance of the system. For example, when the battery remaining percentage is under a low power condition, the second display triggering signal will be triggered automatically and then a low power warning will be triggered to display.” Tsai ¶ 53.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Tsai’s low-power warning with Fridman in view of Seiler. One of ordinary skill in the art would be motivated to remind a user to recharge a device when the device is about to run out of power.
Claims 29-30 and 33-34 are rejected under 35 U.S.C. 103 as being unpatentable over Fridman et al. (US 20220233284 A1).
Regarding Claim 29, Fridman teaches An electronic device (Fridman Fig. 4 scanner, local server computing device, or the combination of the two), comprising:
at least one processor; a storage device, being stored with instructions, which when executed by the at least one processor, cause the at least one processor to (Fridman ¶¶ 285, 253-256):
acquire data of a target scene, the data comprising an area of a target object in the target scene (Fridman Fig. 4 420);
obtain encoded-and-compressed data by encoding and compressing the data (Fridman Fig. 4 410, 425);
perform a three-dimensional reconstruction using the encoded-and-compressed data, thereby obtain a three-dimensional model of the target object (Fridman Fig. 4 425, 430, 435).
The Examiner requests clarification of Applicant’s claimed invention with respect to claimed electronic device: whether it corresponds to the scanner 201 of Applicant’s Fig. 2; or computer 202 of Applicant’s Fig. 2; or the combination of the two.
When the scope of the claim is unclarified, the Examiner would conduct an obviousness analyses to cover all these three scenario.
It would have been obvious to try to process any of the steps either on Fridman’s scanner or Fridman’s local server computing device, because it is choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. There are two options: (a) processing on the scanner device, and (b) processing on the “local server computing device” of Fig. 4. There is a reasonable expectation of success, because it is a computing job that can be conducted any computing device.
Further, according to MPEP 2144.04 V.B., it would have been obvious to make the scanner and a computing device integral or separate.
Regarding Claim 30, Fridman teaches The electronic device according to claim 29, wherein the at least one processor obtains the encoded-and-compressed data by: stitching, encoding, and compressing a plurality of frames of data in the data of the target scene according to a preset time period (
Fridman teaches stitching, “During an intraoral scan session, local intraoral scan application 115 receives and processes intraoral scan data (e.g., intraoral scans) and generates a 3D surface of a scanned region of an oral cavity (e.g., of a dental site) based on such processing. To generate the 3D surface, intraoral scan application 115 may register and “stitch” or merge together the intraoral scans generated from the intraoral scan session in real time or near-real time as the scanning is performed. In one embodiment, performing registration includes capturing 3D data of various points of a surface in multiple scans (views from a camera), and registering the scans by computing transformations between the scans. The 3D data may be projected into a 3D space for the transformations and stitching. The scans may be integrated into a common reference frame by applying appropriate transformations to points of each registered scan and projecting each scan into the 3D space.” Fridman ¶ 135.
compressing [Wingdings font/0xE0] Fridman Fig. 4 410 “Compress intraoral scan data”
encoding [Wingdings font/0xE0] converting the intraoral scan data before compression into a compressed format that can be decompressed and can be transmitted. See Fridman Fig. 4 415, 420.
Fridman teaches a plurality of frame per second, a preset time period, stating “In some applications, cameras 1304 may capture images at a frame rate of at least 30 frames per second, e.g., at a frame of at least 75 frames per second, e.g., at least 100 frames per second. In some applications, the frame rate may be less than 200 frames per second.” Fridman ¶ 261. “In some embodiments, video compression techniques (e.g., optionally based on H.264 codec) are used to compress the stream of intraoral scan data.” Fridman ¶ 129.).
Claims 33-34 are substantially similar to Claims 29-30. The rejections of Claims 29-30 based on Fridman are applied to Claims 29-30. In addition, Claim 33 recites “A non-transitory storage medium, being stored with a computer program, which when executed by a processor of an electronic device . . . ” (Fridman ¶¶ 285, 253-256.).
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Fridman as applied to Claim 30, in further view of FUNAKUBO (JP 2004080154 A).
Regarding Claim 31, Fridman teaches The electronic device according to claim 30, wherein the at least one processor obtains the encoded-and-compressed data by: extracting, encoding and compressing, through a field programmable gate array (FPGA) chip or a digital signal processor (DSP) chip (Fridman ¶ 285, 255),
“Intraoral scanner 1400 further includes a control module 1470 in the body connected both to semiconductor laser 1308 and a motor 1472, voice coil or other translation mechanism. In one embodiment, control module 1470 is or includes a field programmable gate array (FPGA) configured to perform control operations.” Fridman ¶ 285.
Fridman teaches stitching, “During an intraoral scan session, local intraoral scan application 115 receives and processes intraoral scan data (e.g., intraoral scans) and generates a 3D surface of a scanned region of an oral cavity (e.g., of a dental site) based on such processing. To generate the 3D surface, intraoral scan application 115 may register and “stitch” or merge together the intraoral scans generated from the intraoral scan session in real time or near-real time as the scanning is performed. In one embodiment, performing registration includes capturing 3D data of various points of a surface in multiple scans (views from a camera), and registering the scans by computing transformations between the scans. The 3D data may be projected into a 3D space for the transformations and stitching. The scans may be integrated into a common reference frame by applying appropriate transformations to points of each registered scan and projecting each scan into the 3D space.” Fridman ¶ 135.
compressing [Wingdings font/0xE0] Fridman Fig. 4 410 “Compress intraoral scan data”
encoding [Wingdings font/0xE0] converting the intraoral scan data before compression into a compressed format that can be decompressed and can be transmitted. See Fridman Fig. 4 415, 420.).
Fridman in view of Seiler does not explicitly disclose; however, FUNAKUBO teaches the compressed data is organized in stripes (“The reason why the compressed image data is rearranged in this way is that, for example, when the image is an image such as a horizontal stripe, approximate data is arranged, and the compression efficiency can be increased.” FUNAKUBO ¶ 29.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine FUNAKUBO’s stripes with Fridman. One of ordinary skill in the art would be motivated to enhance compression efficiency. “The reason why the compressed image data is rearranged in this way is that, for example, when the image is an image such as a horizontal stripe, approximate data is arranged, and the compression efficiency can be increased.” FUNAKUBO ¶ 29.
Claims 32 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Fridman as applied to Claim 29 or 34, in further view of Dillon et al. (US 20140272774 A1).
Regarding Claim 32, Fridman teaches The electronic device according to claim 29, wherein the target scene is an oral cavity scene; and the target object comprises at least one of a tooth, a gum, and a soft tissue
target object [Wingdings font/0xE0] object 1312, which could be a tooth according to Fridman ¶ 154:
“The dental practitioner may utilize distributed scanning system 100 to scan the patient's teeth in a scanning mode. The dental practitioner may use scanner 150 to capture the patient's teeth segments (e.g., upper arch, lower arch, bite segments) in one or more sets of intraoral scans. The intraoral scan application 115 may register and stitch together the intraoral scans to create a 3D rendering of the scanned segments and present the 3D rendering to the dental practitioner on the user interface of the intraoral scan application through one of devices 152-156.” Fridman ¶ 154.).
Fridman does not explicitly disclose; however, Dillon teaches wherein the soft tissue refers to a movable part in the oral cavity (
“After that the wand 108 is gripped differently and after scanning part of the occlusal surface of the third tooth the wand 108 is moved down to the side surface of the third tooth, and the wand 108 continues to image the side surface of the third tooth, a fourth tooth, a fifth tooth along the labial surface before being moved up to scan the occlusal surface of the fifth tooth to complete the scanning of a second segment of the labial surface. Therefore, via a hook shaped or other movement pattern, at least a segment (e.g., spanning 2-6 teeth or more) of a labial scan is obtained. In alternative embodiments, other exemplary patterns besides a hook shaped pattern may be used for the movement of the wand 108. Since the wand 108 may have to be regripped (i.e., gripped in different ways) while capturing images of the labial and lingual surfaces, the scanned images of the lingual and labial surfaces may be captured in multiple segments. Each segment corresponds to images captured in a single uninterrupted movement of the wand. From block 406, control proceeds to block 410 where the labial scan segments are attached to the occlusal backbone.” Dillon ¶ 60. This mapping is consistent with the specification Spec. ¶ 39.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Dillon’s scan images with Fridman. One of ordinary skill in the art would be motivated to provide more contextual information for the dental imaging.
Regarding Claim 35, Fridman teaches The non-transitory storage medium according to claim 34, wherein the target scene is an oral cavity scene; and the target object comprises at least one of a tooth, a gum, and a soft tissue
target object [Wingdings font/0xE0] object 1312, which could be a tooth according to Fridman ¶ 154:
“The dental practitioner may utilize distributed scanning system 100 to scan the patient's teeth in a scanning mode. The dental practitioner may use scanner 150 to capture the patient's teeth segments (e.g., upper arch, lower arch, bite segments) in one or more sets of intraoral scans. The intraoral scan application 115 may register and stitch together the intraoral scans to create a 3D rendering of the scanned segments and present the 3D rendering to the dental practitioner on the user interface of the intraoral scan application through one of devices 152-156.” Fridman ¶ 154.).
Fridman does not explicitly disclose; however, Dillon teaches wherein the soft tissue refers to a movable part in the oral cavity (
“After that the wand 108 is gripped differently and after scanning part of the occlusal surface of the third tooth the wand 108 is moved down to the side surface of the third tooth, and the wand 108 continues to image the side surface of the third tooth, a fourth tooth, a fifth tooth along the labial surface before being moved up to scan the occlusal surface of the fifth tooth to complete the scanning of a second segment of the labial surface. Therefore, via a hook shaped or other movement pattern, at least a segment (e.g., spanning 2-6 teeth or more) of a labial scan is obtained. In alternative embodiments, other exemplary patterns besides a hook shaped pattern may be used for the movement of the wand 108. Since the wand 108 may have to be regripped (i.e., gripped in different ways) while capturing images of the labial and lingual surfaces, the scanned images of the lingual and labial surfaces may be captured in multiple segments. Each segment corresponds to images captured in a single uninterrupted movement of the wand. From block 406, control proceeds to block 410 where the labial scan segments are attached to the occlusal backbone.” Dillon ¶ 60. This mapping is consistent with the specification Spec. ¶ 39.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Dillon’s scan images with Fridman. One of ordinary skill in the art would be motivated to provide more contextual information for the dental imaging.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Elbaz et al. (US 20190269485 A1) generally teaches the claimed 3D reconstruction of dental surface. Elbaz discloses
[0014] In general, capturing the 3D surface model data may include determining a 3D surface topology using any appropriate method. For example, determining a 3D surface topology may include using confocal focusing. Capturing the 3D surface model data may comprise using on or more of: confocal scanning, stereo vision or structured light triangulation.
[0015] Any of the methods and apparatuses described herein may be used to model, image and/or render a 3D image of a single tooth or region of a tooth, multiple teeth, teeth and gums, or other intraoral structures, particularly from within a subject's mouth.
However, Elbaz does not clearly disclose claimed features of data compression or encoding.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHENGXI LIU whose telephone number is (571)270-7509. The examiner can normally be reached M-F 9 AM - 5 PM.
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/ZHENGXI LIU/Primary Examiner, Art Unit 2611
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