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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 14 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Claims 14 fail to fall within a statutory category of the invention. Though claims 14 disclose, “computer readable medium”, the original specification does not explicitly define or limit “computer-readable medium” to only non-transitory medium, but explaining the functionality of the computer-readable medium without limiting the scope of the computer-readable medium. Therefore the phrase “computer-readable medium” can be reasonably interpreted to comprise a non-transitory computer-readable medium and a transitory computer-readable medium. The transitory computer readable medium is considered to be transmission medium. Therefore “computer readable medium” in claims 14 are considered to be non-statutory. Claims that recite nothing but the physical characteristics of a form of energy, such as a frequency, voltage, or the strength of a magnetic field, define energy or magnetism, per se, and as such are nonstatutory natural phenomena (O’Reilly, 56 U.S. (15 How.) at 112-14). Moreover, it does not appear that a claim reciting a signal encoded with functional descriptive material falls within any of the categories of patentable subject matter set forth in § 101.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 – 4, 6 – 11, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sachdeva et al. (US 2004/0197727).
Regarding independent claim 1, Sachdeva teaches a computer implemented method for rendering interactive digital three-dimensional dental models of a patient in a graphical user interface (Figures 2 – 4), the method comprising:
generating in the graphical user interface a digital space configured as a 2D scene (Figures 5 – 10: graphical user interface with various window views and buttons/icons) and comprising at least one user interaction element arranged in the 2D scene (paragraph 82 and Figures 6 - 10: The 2D digital photograph 71 is scaled up or down in size as necessary so as to be approximately the same in scale (size) as the 3D model of the teeth 75. This is accomplished using any suitable icons or mouse action, such as clicking on the 2D photograph and scrolling up or down with the mouse to change the size of the 2D image so that it matches the size of the 3D model);
rendering in a 3D viewing area of the 2D scene at least a first 3D digital model comprising dental information of a patient (paragraph 82 and Figure 5A: a 2D digital photograph of teeth/gingivae 71 displayed in a graphical window 73 along with a 3D virtual model of the teeth 75 to one side), wherein the rendering is configured as a projection of the 3D digital model in the 2D scene (paragraph 82: The 2D digital photograph 71 is scaled up or down in size as necessary so as to be approximately the same in scale (size) as the 3D model of the teeth 75);
generating (paragraph 82 and Figure 5A: a 2D digital photograph of teeth/gingivae 71 displayed in a graphical window 73 along with a 3D virtual model of the teeth 75 to one side) and superimposing a 2D digital canvas onto at least a part of the 3D viewing area of the 2D scene including the first 3D digital model (paragraph 83: After the 2D photograph and 3D model have been scaled, a translation is performed so as to overlap the 3D model and the 2D photograph);
generating, based on a received user input to the graphical user interface, one or more alterations of the 2D scene or the 3D digital model, wherein the one or more alterations comprises one or more of:
a change in a position of the at least one user interaction element in the 2D scene (paragraph 83: the 2D picture 71 transformed by scaling and translation such that it is superimposed on the 3D model 75);
a change in size of the 2D scene (paragraph 83: the 2D picture 71 transformed by scaling and translation such that it is superimposed on the 3D model 75);
a change in arrangement of the 3D digital model in the view area (paragraph 121: the tools may provide a smile function in which the face is morphed to smile, showing the position of the teeth, gums, lips and other structures; paragraph 122: The icon may be associated with a function that would allow the user to reposition the location of the upper and lower teeth; paragraph 162: the user could simulate a change in arch form, midline, occlusal plane, rotation of teeth about their axis, extraction etc.);
updating the arrangement of the 3D digital model in the view area based on one or more of the alterations (paragraph 163: the user has activated icons 670 and 672, which causes the display to show both the original position of the teeth (areas with dark shading indicated at 674) and the new position as a result of the mandible space management exercise), wherein each update generates a change parameter (paragraph 163: This color coding helps the user visualize the tooth movement that will occur in accordance with the proposed treatment plan; paragraph 188: the teeth 116 that are shown are the malocclusion or original arrangement of the teeth. Thus, FIGS. 49 and 50 show that the user can toggle back and forth between initial tooth configuration and proposed treatments for the patient. Any changes in any one-environment of module changes the values in the other environments), and
calculating a 2D transformation, wherein the 2D transformation comprises at least one change parameter acquired from the updated arrangement (paragraph 163: This feature of reference back to the original malocclusion is available at any time and in any plane, both in 3D or 2D images or combination; paragraph 83: the 2D picture 71 transformed by scaling and translation such that it is superimposed on the 3D model 75), and
applying the 2D transformation to one or more illustrative user inputs on the 2D digital canvas (paragraph 166: The slide line 682 is a tool that assists the user in changing the shape of the arch form. The slide line 680 includes anchor points 683 spaced along the length of the slide line 682, which are affixed to labial surfaces of the teeth in the positions shown, The slide line 682 also includes points 681 equidistantly spaced from the anchor points, which the user manipulates to cause the slide line to bow out or in relative to the teeth, and thereby change the shape of the arch form. For example the user would click on one of the points 681 and drag the point 681 out away from the slide line, which would cause the slide line to bow outwardly towards the point 681. The clamping or anchor points can be moved by the user anywhere along the slide line. The slide line ( as was the case with the midline) allows for designing asymmetric arch forms. Whenever the user wishes to compare the proposed arch form with the original tooth position, they activate an icon at the top of the screen and the original tooth position is also shown, with the difference in position shown in a contrasting color. See also various tools that affects the 2D transformation and 3D transformation in paragraphs 168 – 177).
Regarding dependent claim 2, Sachdeva teaches wherein in response to the user input through the graphical user interface,
executing a change in position, rotation, zoom or size of the 3D digital model (paragraph 121: the tools may provide a smile function in which the face is morphed to smile, showing the position of the teeth, gums, lips and other structures; paragraph 122: The icon may be associated with a function that would allow the user to reposition the location of the upper and lower teeth; paragraph 162: the user could simulate a change in arch form, midline, occlusal plane, rotation of teeth about their axis, extraction etc.); and
extracting the change parameter generated based on the execution (paragraphs 162, 166: If the user wants to customize the shape of the arch form they activate the slide line tab, discussed later; the teeth 116 that are shown are the malocclusion or original arrangement of the teeth. Thus, FIGS. 49 and 50 show that the user can toggle back and forth between initial tooth configuration and proposed treatments for the patient. Any changes in any one-environment of module changes the values in the other environments); and
calculating simultaneously with the change in position, rotation, zoom or size of the 3D digital model the 2D transformation comprising the extracted change parameter (paragraph 163: This feature of reference back to the original malocclusion is available at any time and in any plane, both in 3D or 2D images or combination; paragraph 83: the 2D picture 71 transformed by scaling and translation such that it is superimposed on the 3D model 75); and
applying the 2D transformation to the one or more illustrative user inputs on the 2D digital canvas (paragraph 166: The slide line 682 is a tool that assists the user in changing the shape of the arch form. The slide line 680 includes anchor points 683 spaced along the length of the slide line 682, which are affixed to labial surfaces of the teeth in the positions shown, The slide line 682 also includes points 681 equidistantly spaced from the anchor points, which the user manipulates to cause the slide line to bow out or in relative to the teeth, and thereby change the shape of the arch form. For example the user would click on one of the points 681 and drag the point 681 out away from the slide line, which would cause the slide line to bow outwardly towards the point 681. The clamping or anchor points can be moved by the user anywhere along the slide line. The slide line ( as was the case with the midline) allows for designing asymmetric arch forms. Whenever the user wishes to compare the proposed arch form with the original tooth position, they activate an icon at the top of the screen and the original tooth position is also shown, with the difference in position shown in a contrasting color. See also various tools that affects the 2D transformation and 3D transformation in paragraphs 168 – 177).
Regarding dependent claim 3, Sachdeva teaches wherein the one or more illustrative user inputs is applied to the 2D digital canvas (paragraph 163: This feature of reference back to the original malocclusion is available at any time and in any plane, both in 3D or 2D images or combination) from at least one user interaction element of the graphical user interface (paragraphs 162, 166: If the user wants to customize the shape of the arch form they activate the slide line tab, discussed later).
Regarding dependent claim 4, Sachdeva teaches wherein the one or more illustrative user inputs applied to the 2D digital canvas is configured as a digital hand drawing drawn onto the 2D digital canvas from user inputs applied to at least one user interaction element (paragraph 145: the user has activated various icons 486 and has drawn on the virtual model of the patient an aesthetic upper occlusal plane ("AU") 494 and a aesthetic upper perpendicular line ("AUP") 492 in the left-hand image, and a treatment upper occlusal plane ("TxU") 498 and a treatment upper perpendicular line ("TxUP") 496. The lines 492, 494, 496 and 498 are all user specified in terms of their location. The location is selected by using the workstation mouse, moving the cursor to the location where the user wishes to draw the midlines and occlusal planes, and clicking the mouse).
Regarding dependent claim 6, Sachdeva teaches wherein the one or more illustrative user input(s) applied to the 2D digital canvas are transformed onto the 3D digital model at one or more area or areas of interest of the 3D digital model as defined by a user (paragraph 83: the 2D picture 71 transformed by scaling and translation such that it is superimposed on the 3D model 75).
Regarding dependent claim 7, Sachdeva teaches wherein based on a user input to the graphical user interface the method comprises:
updating the view area of the digital space by rescaling, rotating or translating the rendering of the 3D digital model (paragraph 121: the tools may provide a smile function in which the face is morphed to smile, showing the position of the teeth, gums, lips and other structures; paragraph 122: The icon may be associated with a function that would allow the user to reposition the location of the upper and lower teeth; paragraph 162: the user could simulate a change in arch form, midline, occlusal plane, rotation of teeth about their axis, extraction etc.); and
extracting the change parameter correlated with the rescaling, rotating or translating (paragraph 163: This feature of reference back to the original malocclusion is available at any time and in any plane, both in 3D or 2D images or combination; paragraph 83: the 2D picture 71 transformed by scaling and translation such that it is superimposed on the 3D model 75; paragraph 188: the teeth 116 that are shown are the malocclusion or original arrangement of the teeth. Thus, FIGS. 49 and 50 show that the user can toggle back and forth between initial tooth configuration and proposed treatments for the patient. Any changes in any one-environment of module changes the values in the other environments); and
updating the 2D transformation with the extracted change parameter and applying the updated 2D transformation to the illustrative user inputs to follow the change to the rendering of the 3D digital model (paragraph 166: The slide line 682 is a tool that assists the user in changing the shape of the arch form. The slide line 680 includes anchor points 683 spaced along the length of the slide line 682, which are affixed to labial surfaces of the teeth in the positions shown, The slide line 682 also includes points 681 equidistantly spaced from the anchor points, which the user manipulates to cause the slide line to bow out or in relative to the teeth, and thereby change the shape of the arch form. For example the user would click on one of the points 681 and drag the point 681 out away from the slide line, which would cause the slide line to bow outwardly towards the point 681. The clamping or anchor points can be moved by the user anywhere along the slide line. The slide line ( as was the case with the midline) allows for designing asymmetric arch forms. Whenever the user wishes to compare the proposed arch form with the original tooth position, they activate an icon at the top of the screen and the original tooth position is also shown, with the difference in position shown in a contrasting color. See also various tools that affects the 2D transformation and 3D transformation in paragraphs 168 – 177).
Regarding dependent claim 8, Sachdeva teaches wherein the method comprising storing in a storage medium, the illustrative user inputs applied to the 2D digital canvas to a plurality of different views of the 3D digital model at which the illustrative user input is applied (paragraph 79: The complete 3D face model is stored as indicated at step 60 and then supplied to an overlay transformation module 66. The overlay transformation module 66 obtains a set of 2D color face photographs 62 and X-Rays 64, and overlays them to the complete 3D face model to result in a combined, composite model of the face, skull, teeth, and associated tooth roots, bone and other anatomical data. This composite representation of the patient is stored in a database 68 for the system 100; paragraph 123: This module 310 preferably includes a routine for storing a three-dimensional representation of said patient's craniofacial structures ( e.g., teeth) in a format suitable for use by a manufacturer of orthodontic appliances).
Regarding dependent claim 9, Sachdeva teaches wherein the method comprises:
loading from a storage medium a previously stored illustrative user input associated with a 3D digital model taken at a previous point in time (132: The workstation further includes a set of software instructions providing graphical user interface tools for providing access to the digitized records, such as display and manipulation of the images or scan data in the form of 3D models);
rendering the 3D digital model in the digital space from a stored camera position (paragraph 134: The workstation includes a computer memory that stores, and makes available to the practitioner, records in the form of digital data pertaining to some or all of the following: the patient's clinical history, medical history, dental history, and orthodontic history as well as 2D photographs, 2D radio graphic images, CT scans, 2D and 3D scanned images, ultrasonic scanned images, and in general, noninvasive and sometimes invasive images, plus video, audio, and a variety of communication records, such notes, records of office visits, patient letters or communications, etc.); and
superimposing the stored illustrative user input onto the 3D digital model (paragraph 301: the user is provided with suitable displays of the proposed set-up and associated icons to check the intra-arch vertical and axial alignment of the teeth in the maxilla and mandible. The roots of the teeth should preferably be available for viewing in this step, hence the panorex X-ray is available and can be overlaid on the 3D tooth model; paragraph 258: The ability to superimpose the proposed setup over the original malocclusion model and display, using shading or color features, the changes in tooth position between initial and final positions).
Regarding dependent claim 10, Sachdeva teaches wherein the graphical user interface further comprises a view management window (paragraph 90: Once the virtual model is created, the user is provided with tools that allow the user to hide one or more image data in order to study certain features. Furthermore, the user is provided with navigation tools with the ability to manipulate the model so as to view it from any user-specified perspective) comprising a plurality of camera positions representing the view position of the rendering of the 3D model (paragraph 155: The clipping plane can be moved over the arch to view the teeth in any cross-sectional view, using navigation icons; paragraph 189: the user has used the navigation icons to rotate the view), wherein the method comprises:
receiving a user interaction causing activation of one of the plurality of camera positions (paragraph 281: the user rotated the model to a side view by activating a side view icon or using camera navigation icons, to thereby view the lower midline and its relation to the upper arch in the side view);
executing a rendering of the 3D digital model in the view area from the chosen camera position (paragraph 182: By using the camera navigation icons 766, the user can zoom in or rotate the teeth to have a new viewpoint as desired. This enables the user to see more readily, in three dimensions, how the teeth are oriented); and
loading from the storage media one or more camera position associated 2D digital canvas comprising stored illustrative user inputs into the view area at the position of 3D model, where the illustrative user inputs have previously been stored (paragraph 188: the teeth 116 that are shown are the malocclusion or original arrangement of the teeth. Thus, FIGS. 49 and 50 show that the user can toggle back and forth between initial tooth configuration and proposed treatments for the patient. Any changes in any one-environment of module changes the values in the other environments; paragraph 222: when they are finished, the user selects or saves the treatment plan. The process can be repeated as often as desired and the screen displays are structured so that the user can navigate anywhere in the displays at any time, and therefore repeat, as necessary, the aligning steps, the design of the arch, enter additional patient information, access the appliance design features and change the appliance design, etc. Moreover, as the design of tooth finish position dictates or drives the prescription of the appliance, the present treatment planning techniques lead directly to appliance design parameters (bracket and wire position, or other treatment design, such as staged shell configuration) for treatment of the patient).
Regarding dependent claim 11, Sachdeva teaches comprising:
receiving a first user input to the view management window, wherein the user input represents an activation of a first of the one or more camera positions (paragraph 90: Once the virtual model is created, the user is provided with tools that allow the user to hide one or more image data in order to study certain features. Furthermore, the user is provided with navigation tools with the ability to manipulate the model so as to view it from any user-specified perspective),
tracking a change from a first input to a second input to the view management window, wherein the second input represents an activation of a second of the one or more camera positions (paragraph 281: the user rotated the model to a side view by activating a side view icon or using camera navigation icons, to thereby view the lower midline and its relation to the upper arch in the side view);
activating an updated rendering of the 3D model in the view area based on the tracked change (paragraph 155: The clipping plane can be moved over the arch to view the teeth in any cross-sectional view, using navigation icons; paragraph 189: the user has used the navigation icons to rotate the view), where the update comprises:
updating the rendering from the first camera position to the second camera position (paragraph 182: By using the camera navigation icons 766, the user can zoom in or rotate the teeth to have a new viewpoint as desired. This enables the user to see more readily, in three dimensions, how the teeth are oriented);
loading from the storage media a stored 2D digital canvas associated with the second camera position into the view area of the 3D model wherein the illustrative user inputs have previously been stored (paragraph 188: the teeth 116 that are shown are the malocclusion or original arrangement of the teeth. Thus, FIGS. 49 and 50 show that the user can toggle back and forth between initial tooth configuration and proposed treatments for the patient. Any changes in any one-environment of module changes the values in the other environments; paragraph 222: when they are finished, the user selects or saves the treatment plan. The process can be repeated as often as desired and the screen displays are structured so that the user can navigate anywhere in the displays at any time, and therefore repeat, as necessary, the aligning steps, the design of the arch, enter additional patient information, access the appliance design features and change the appliance design, etc. Moreover, as the design of tooth finish position dictates or drives the prescription of the appliance, the present treatment planning techniques lead directly to appliance design parameters (bracket and wire position, or other treatment design, such as staged shell configuration) for treatment of the patient).
Regarding claim 14, claim 14 is similar in scope as to claim 1, thus the rejection for claim 1 hereinabove is applicable to claim 14. Sachdeva teaches a computer readable medium configured to store instructions that, when executed by a computer, cause the computer to perform a method of rendering interactive digital three-dimensional dental models of a patient into a graphical user interface (Claim 53).
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sachdeva1 et al. (US 2004/0197727) in view of Sachdeva2 et al. (US 2020/0066391).
Regarding dependent claim 5, Sachdeva1 does not expressly disclose wherein the one or more illustrative user inputs are post processed by applying at least one of a regularization and smoothing operation to the one or more illustrative user inputs. Sachdeva2 disclose a specialized algorithm within SCl 1801 is included to ensure that the superimposed teeth are blended smoothly into the picture so that the patient picture looks natural (paragraph 216). It would have been obvious for one of ordinary skill in the art at the time of the invention (pre-AIA ) or at the time of the effective filing date of the application (AIA ) to modify Sachdeva1's system to utilize a smoothing operations for superimposing and blending two images/models relating to dental graphics. One would be motivated to do so because the patient picture looks natural (paragraph 216).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sachdeva et al. (US 2004/0197727) in view of Official Notice
Regarding dependent claim 12, Sachdeva teaches wherein extracting the change parameter comprising: extracting from the illustrative user inputs on the 2D digital canvas depth values associated with each point of the illustrative user input, wherein the depth values represents a relation between the points of the illustrative user input of the 2D digital canvas and the 3D digital model to which the points have been applied (paragraph 159: The tab 634 further includes measurement tools 640 which provide cuspid distance measurements and intermolar distance measurements for the current tooth positions displayed on the screen. The user can also set points anywhere on the virtual model and activate an icon to get a distance measurement, or invoke a graph tool).
Sachdeva does not expressly disclose calculating a perspective projection transformation matrix using the depth values and the scaling, rotation or translation associated with the 3D model changes; and applying a inverse perspective projection transformation matrix to the 2D points forming the illustrative user inputs. Examiner takes Official Notice that the concept of determining a perspective projection transformation matrix using depth values relative to the scaling, rotation, and translation of the 3D model change and applying an inverse perspective projection transformation matrix to the 2D points forming a measurement between the 2D points and the advantage of accurately measuring the correct distance in a 2D perspective based on the distance travel in the 3D model between the two points, such as around a tooth, are well known and expected in the art. It would have been obvious for one of ordinary skill in the art at the time of the invention (pre-AIA ) or at the time of the effective filing date of the application (AIA ) to modify Sachdeva's system to determine a perspective projection transformation matrix using depth values relative to the scaling, rotation, and translation of the 3D model change and apply an inverse perspective projection transformation matrix to the 2D points forming a measurement between the 2D points. One would be motivated to do so because this would accurately measuring the correct distance in a 2D perspective based on the distance travel in the 3D model between the two points, such as around a tooth.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sachdeva et al. (US 2004/0197727) in view of Official Notice.
Regarding dependent claim 13, Sachdeva does not expressly disclose wherein the user input is configured to cause a change in a window size of the 2D scene, wherein updating the 2D scene comprises: updating the view area by translating and scaling the 3D model rendering of the view area in accordance with the change in window size; calculating a change in center position of the 3D digital model based on the translation and scaling; and applying the calculated change to the illustrative user inputs of the 2D digital canvas so as to transform the 2D digital canvas into the changed position of the 3D digital model in the digital space. Examiner takes Official Notice that the concept of changing a window size contained the 3D model and updating the model to relatively fit the new dimensions of the changed window size by scaling the 3D model based on changed window size dimensions and translating the 3D model to the center of the changed window size and the advantage of the user not having to recenter and rescaling to save user’s time due to automatic recentering and rescaling are well known and expected in the art. It would have been obvious for one of ordinary skill in the art at the time of the invention (pre-AIA ) or at the time of the effective filing date of the application (AIA ) to modify Sachdeva 's system to allow to the user to change the window size containing the 3D model and to automatically rescaling and recentering the 3D model based on the changed window size dimensions. One would be motivated to do so because this would help save time for the user based on the automatic resizing and rescaling of the 3D model based on the changed window size dimensions.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY J CHOW whose telephone number is (571)272-8078. The examiner can normally be reached 11AM-7PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Devona Faulk can be reached at 571-272-7515. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY J CHOW/Primary Examiner, Art Unit 2618
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