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 .
Status of the Application
Claims 1-20 are currently pending in this application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 is 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.
In regards to claim 1, the claim states, “generating a three-dimensional volumetric model of a dentition based on the aligned and corrected volumetric scan data and the 3D surface scan data.” One of ordinary skill in the art would not understand if the “corrected volumetric scan data” is separate from the aligned volumetric scan data or if they are the same data. The claim limitations prior disclose an aligning of the volumetric scan data but fail to mention a correction of the volumetric scan data. One of ordinary skill in the art would not understand if the alignment is also a correction or if they correction is separate from the alignment.
Allowable Subject Matter
Claim 15 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-7, 11, and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 7, 13, and 17-19 of U.S. Patent No. 12,402,988 in view of ELBAZ et al. (Hereafter, “Elbaz”) [US 2019/0269485 A1]. Although the claims at issue are not identical, they are not patentably distinct from each other because they cover mutually associated subject matter. Thus, a terminal disclaimer is required. An analysis of the claims can be seen in Table 1 below.
Table 1: Instant Application No. 19/301,633 vs. U.S. Patent No. 12,402,988
Instant Application No. 19/301,633 Claims (Difference Emphasis Added)
U.S. Patent No. 12,402,988 Claims (Difference Emphasis Added)
1. A multimodal scanning system for scanning an intraoral structure, the system comprising: an intraoral scanning wand having a distal end and a proximal end and comprising: a probe located at a distal end of the wand, a 3D surface scanner configured to project light out of a distal end of the probe and generate 3D surface data of the intraoral structure, and an OCT scanning system configured to project light out of the distal end of the probe and generate volumetric scan data; and a processor and memory comprising instructions that when executed cause the system to perform a method comprising: generating 3D surface scan data of an intraoral structure; generating volumetric scan data of the intraoral structure with the OCT scanning system; determining a location and orientation of the intraoral scanning wand with respect to the intraoral structure based on the 3D surface data of the intraoral structure, aligning the volumetric scan data with the 3D surface scan data based on the determined location and orientation; generating a three-dimensional volumetric model of a dentition based on the aligned and corrected volumetric scan data and the 3D surface scan data; and generating a dental treatment plan based on the three-dimensional volumetric model of the dentition.
1. A multimodal scanning system for scanning an intraoral object, the system comprising: an intraoral scanning wand having a distal end and a proximal end; a probe located at a distal end of the wand; a 3D surface scanner located at a proximal end of the probe and configured to project light out of a distal end of the probe and generate 3D surface data of the intraoral object; an OCT scanning system configured to project light out of the distal end of the probe; and a processor and memory comprising instructions that when executed cause the system to determine a location and orientation of the intraoral scanning wand with respect to the intraoral object based on the 3D surface data of the intraoral object, to determine a movement speed of the intraoral scanning wand based on 3D surface data of the intraoral object, compare the determined movement speed to a movement speed threshold for capturing OCT data, and provide feedback to a user when the movement speed exceeds the movement speed threshold.
2. The multimodal scanning system of claim 1, wherein the method further comprises generating lesion data based on the three-dimensional volumetric model of the dentition before generating the dental treatment plan.
3. The multimodal scanning system of claim 2, wherein the 3D surface scanner is a structured light projector and wherein structured light projector and the OCT scanning system are in a known orientation with respect to each other within the intraoral scanning wand.
2. The multimodal scanning system of claim 1, wherein the 3D surface scanner is a structured light projector and wherein structured light projector and the OCT scanning system are in a known orientation with respect to each other within the intraoral scanning wand.
4. The multimodal scanning system of claim 1, wherein the 3D surface scanner and the OCT scanning system are coaxial with respect to each other.
3. The multimodal scanning system of claim 2, wherein the structured light projector and the OCT scanning system are coaxial with respect to each other.
5. The multimodal scanning system of claim 4, further comprising an imaging sensor.
4. The multimodal scanning system of claim 2, further comprising an imaging sensor.
6. The multimodal scanning system of claim 5, wherein the imaging sensor is configured to capture structured light reflected from external surfaces of the intraoral structure and OCT light reflected from an internal structure of the intraoral structure.
5. The multimodal scanning system of claim 4, wherein the imaging sensor captures structured light reflected from the external surfaces of an intraoral object and OCT light reflected from the internal structure of the intraoral object.
7. The multimodal scanning system of claim 5, wherein the method further comprises generating a three-dimensional volumetric model of an intraoral object based on data generated by the 3D surface scanner and the OCT scanning system.
7. The multimodal scanning system of claim 4, wherein the instructions that when executed by the processor further cause the system to generate a three-dimensional volumetric model of the intraoral object based on data generated by the structured light projector and the OCT scanning system.
1. A multimodal scanning system for scanning an intraoral structure, the system comprising: an intraoral scanning wand having a distal end and a proximal end and comprising: a probe located at a distal end of the wand, a 3D surface scanner configured to project light out of a distal end of the probe and generate 3D surface data of the intraoral structure, and an OCT scanning system configured to project light out of the distal end of the probe and generate volumetric scan data; and a processor and memory comprising instructions that when executed cause the system to perform a method comprising: generating 3D surface scan data of an intraoral structure; generating volumetric scan data of the intraoral structure with the OCT scanning system; determining a location and orientation of the intraoral scanning wand with respect to the intraoral structure based on the 3D surface data of the intraoral structure, aligning the volumetric scan data with the 3D surface scan data based on the determined location and orientation; generating a three-dimensional volumetric model of a dentition based on the aligned and corrected volumetric scan data and the 3D surface scan data; and generating a dental treatment plan based on the three-dimensional volumetric model of the dentition.
11. The multimodal scanning system of claim 1, wherein the method further comprises: determining data of a shape of subgingival hard tissue from the volumetric scan data, and wherein the dental treatment plan is an orthodontic treatment plan based on the 3D surface scan data and the subgingival hard tissue.
15. The multimodal scanning system of claim 11, wherein the method further comprises: aligning the volumetric scan data with the 3D surface scan data, and correcting the volumetric scan data for diffraction effects based on a position of the wand with respect to the intraoral structure.
13. A method of multimodal scanning, the method comprising: generating 3D surface scan data of an intraoral structure; generating volumetric scan data of an internal structure of the intraoral structure with OCT scanning; determining a location and orientation of the scanning wand during the generating of the volumetric scan data based on the position of the scanning wand during the generation of the 3D surface scan data; aligning the volumetric scan data with the 3D surface scan data based on the determined position and orientation; correcting the volumetric scan data for diffraction effects based on the position of the wand with respect to the intraoral structure; and generating a three-dimensional volumetric model of the patient's dentition based on the aligned and corrected volumetric scan data and the 3D surface scan data.
17. The method of multimodal scanning of claim 13, further comprising determining a shape of subgingival teeth roots based on the OCT scan data.
18. The method of multimodal scanning of claim 17, further comprising generating an orthodontic treatment plan based on the 3D surface scan data and the shape of the subgingival teeth roots.
19. The method of multimodal scanning of claim 13, wherein correcting the volumetric scan data for diffraction effects includes correcting the volumetric scan data for diffraction effects of varying tissue within the intraoral structure.
Some of the differences in the claim limitations in the U.S. Patent are narrower than the instant application, and thus it would have been obvious to make the claim limitations in the instant application broader by removing the specific language found in the U.S. Patent.
The U.S. Patent fails to explicitly disclose a multimodal scanning system for scanning an intraoral structure, the system comprising: a 3D surface scanner configured to project light out of a distal end of the probe and generate 3D surface data of the intraoral structure, and an OCT scanning system configured to project light out of the distal end of the probe and generate volumetric scan data; and a processor and memory comprising instructions that when executed cause the system to perform a method comprising: generating 3D surface scan data of an intraoral structure; generating volumetric scan data of the intraoral structure with the OCT scanning system; determining a location and orientation of the intraoral scanning wand with respect to the intraoral structure based on the 3D surface data of the intraoral structure, aligning the volumetric scan data with the 3D surface scan data based on the determined location and orientation; generating a three-dimensional volumetric model of a dentition based on the aligned and corrected volumetric scan data and the 3D surface scan data; and generating a dental treatment plan based on the three-dimensional volumetric model of the dentition; wherein the method further comprises generating lesion data based on the three-dimensional volumetric model of the dentition before generating the dental treatment plan; a multimodal scanning system for scanning an intraoral structure, the system comprising: an intraoral scanning wand having a distal end and a proximal end and comprising: a probe located at a distal end of the wand, a 3D surface scanner configured to project light out of a distal end of the probe and generate 3D surface data of the intraoral structure, and an OCT scanning system configured to project light out of the distal end of the probe and generate volumetric scan data; and a processor and memory comprising instructions that when executed cause the system to perform a method comprising: determining a location and orientation of the intraoral scanning wand with respect to the intraoral structure based on the 3D surface data of the intraoral structure, generating a dental treatment plan based on the three-dimensional volumetric model of the dentition, wherein the method further comprises: determining data of a shape of subgingival hard tissue from the volumetric scan data, and wherein the dental treatment plan is an orthodontic treatment plan based on the 3D surface scan data and the subgingival hard tissue.
Elbaz discloses a multimodal scanning system for scanning an intraoral structure ([Abstract] intraoral scanning methods and apparatuses for generating a three-dimensional model of a subject's intraoral region (e.g., teeth) including both surface features and internal features), the system comprising: a 3D surface scanner configured to project light out of a distal end of the probe ([0252] As illustrated in FIGS. 10A and 10B, the illumination light sources (including the lights sources for the first modality (e.g., surface scanning), for the second modality (e.g., penetrative imaging such as penetration imaging), and/or for the third modality (e.g., color scanning) may be located at the front tip of the intraoral scanner wand, e.g., near the scanned objects or inside the scanner head.) and generate 3D surface data of the intraoral structure ([0251] surface data may be captured using a color intraoral 3D scanner by confocal, stereo vision or structured light triangulation or any other 3D surface scanning technology capable of intraoral scanning), and an OCT scanning system configured to project light out of the distal end of the probe and generate volumetric scan data ([0008] Apparatuses for performing both surface and penetrative scanning of the teeth may include intraoral scanners for scanning into or around a subject's oral cavity and that are equipped with a light source or light sources that can illuminate in two or more spectral ranges: a surface-feature illuminating spectral range (e.g., visible light) and a penetrative spectral range (e.g. IR range, and particularly “near-IR,” including but not limited to 850 nm). [0103] Described herein are methods and apparatuses for taking, using and displaying dental information including information extracted from three-dimensional (3D) volumetric models of a patient's dental arch. A 3D volumetric model may include surface (e.g., color) information as well as information on internal structure, such as near-infrared (near-IR) transparency values for internal structures including enamel and dentin. In some variations, the 3D volumetric scan may include or be derived from one or more other scanning modalities, including, but not limited to: optical coherence tomography (OCT), ultrasound (US), magnetic resonance imaging (MRI), X-ray, etc.); and a processor and memory comprising instructions that when executed cause the system to perform a method comprising: generating 3D surface scan data of an intraoral structure ([0258 and Fig. 6] Once scanning is initiated, the apparatus may collect surface data (e.g., 3D model surface data) including depth information in a first coordinate system 603.); generating volumetric scan data of the intraoral structure with the OCT scanning system ([0258] Internal feature data may also be collected, e.g., using a second illumination spectrum (which may include just a single wavelength or small range of wavelengths) that is/are penetrative into the tooth/teeth 605. [0259] In general, in any of the apparatuses and methods described herein, the internal feature data collected 605 may be used to reconstruct a volumetric model of the tooth or teeth including the internal features. In particular, tomographic reconstruction (e.g., optical tomography) may be used.); determining a location and orientation of the intraoral scanning wand with respect to the intraoral structure based on the 3D surface data of the intraoral structure ([0336] During scanning, a plurality of penetrative scans 1703, 1703′ may be taken, and the position of the sensor (e.g., camera) 1705, 1705′ (e.g., x,y,z position and/or pitch, roll, yaw angles) may be determined and/or recorded for each penetrative image.), aligning the volumetric scan data with the 3D surface scan data based on the determined location and orientation ([0262] Alternatively or additionally, the method and apparatus may extrapolate the position of the wand relative to the surface, based on the surface data information collected immediately before and after collecting the internal data. Thus, in any of the methods described herein, including as shown in step 703 of FIG. 7, the apparatus may interpolate the positions between each scan (e.g., first modality scan, such as a surface scan, a second modality scan, such as a penetrative, e.g., near-IR scan or scan(s) and a third modality scan, such as a color scan, etc.). This interpolation may correct for the small but potentially significant movement of the wand during scanning. In particular, when coordinating between the surface and internal structures, in which the scanning is being manually performed, interpolating (and/or extrapolating) to approximate the more accurate 3D position of the teeth (or of the teeth relative to the scanning wand) for each scanned image.); generating a three-dimensional volumetric model of a dentition based on the aligned and corrected volumetric scan data and the 3D surface scan data ([0258] Once collected, the data may be analyzed, and/or filtered (including subtracting, smoothing, etc.), and combined to form a 3D model rendering of the intraoral cavity (e.g., tooth, teeth, gums, jaw, etc.) using both the surface data and the internal feature data 607.); and generating a dental treatment plan based on the three-dimensional volumetric model of the dentition ([0271 and Fig. 6] In addition the 3D data may be used to help treat or provide treatment guidance and monitoring 613.); wherein the method further comprises generating lesion data based on the three-dimensional volumetric model of the dentition before generating the dental treatment plan ([0335] Thus, penetrative images taken through the teeth with a penetrative wavelength (e.g., near IR and/or IR), may include inner teeth structures and/or 3D data. These images may be taken using any of the dental scanners described herein, and the teeth volume may be segmented into different regions according to opacity, color, and other properties of the images and 3D data. These regions can be for example: healthy enamel, dentin, lesion, dental filling(s), etc. The segmentation can be done on 2D images or on volumetric models. The segmentation can be used to classify the images and/or the 3D models according to the presence of different segments. A user may be able to detect by this segmentation manually or automatically (or semi-automatically) to classify different internal structures, such as: dental caries, enamel erosion, and other dental issues. Further, the images or models may be used to measure internal regions of a tooth or multiple teeth segments for better dental treatments, including aligning teeth or other treatment planning. For example, a user may be able to locate dental lesion in an accurate fashion to plan accurate filling with minimal enamel extraction. Thus, the use of segmentation as described herein may permit the capture of inner teeth structure without ionizing radiation, as is currently used with X-rays. Dental issues may be presented on 3D volumetric model. Further, as will be described in detail below, segmentation and classification of internal structures may be automatized. Finally, exact measurements of internal structures may be taken for better treatment planning.); a multimodal scanning system for scanning an intraoral structure ([Abstract] intraoral scanning methods and apparatuses for generating a three-dimensional model of a subject's intraoral region (e.g., teeth) including both surface features and internal features), the system comprising: an intraoral scanning wand having a distal end and a proximal end ([0230 and Fig. 1A] intraoral scanner wand 103) and comprising: a probe located at a distal end of the wand [Fig. 2E], a 3D surface scanner configured to project light out of a distal end of the probe ([0252] As illustrated in FIGS. 10A and 10B, the illumination light sources (including the lights sources for the first modality (e.g., surface scanning), for the second modality (e.g., penetrative imaging such as penetration imaging), and/or for the third modality (e.g., color scanning) may be located at the front tip of the intraoral scanner wand, e.g., near the scanned objects or inside the scanner head.) and generate 3D surface data of the intraoral structure ([0251] surface data may be captured using a color intraoral 3D scanner by confocal, stereo vision or structured light triangulation or any other 3D surface scanning technology capable of intraoral scanning), and an OCT scanning system configured to project light out of the distal end of the probe and generate volumetric scan data ([0008] Apparatuses for performing both surface and penetrative scanning of the teeth may include intraoral scanners for scanning into or around a subject's oral cavity and that are equipped with a light source or light sources that can illuminate in two or more spectral ranges: a surface-feature illuminating spectral range (e.g., visible light) and a penetrative spectral range (e.g. IR range, and particularly “near-IR,” including but not limited to 850 nm). [0103] Described herein are methods and apparatuses for taking, using and displaying dental information including information extracted from three-dimensional (3D) volumetric models of a patient's dental arch. A 3D volumetric model may include surface (e.g., color) information as well as information on internal structure, such as near-infrared (near-IR) transparency values for internal structures including enamel and dentin. In some variations, the 3D volumetric scan may include or be derived from one or more other scanning modalities, including, but not limited to: optical coherence tomography (OCT), ultrasound (US), magnetic resonance imaging (MRI), X-ray, etc.); and a processor and memory ([0289] The intraoral scanner 101 may also include one or more processors, including linked processors or remote processors, for both controlling the wand 103 operation, including coordinating the scanning and in reviewing and processing the scanning and generation of the 3D model including surface and internal features. As shown in FIG. 1B the one or more processors 113 may include or may be coupled with a memory 115 for storing scanned data (surface data, internal feature data, etc.).) comprising instructions that when executed cause the system to perform a method comprising: determining a location and orientation of the intraoral scanning wand with respect to the intraoral structure based on the 3D surface data of the intraoral structure ([0336] During scanning, a plurality of penetrative scans 1703, 1703′ may be taken, and the position of the sensor (e.g., camera) 1705, 1705′ (e.g., x,y,z position and/or pitch, roll, yaw angles) may be determined and/or recorded for each penetrative image.), generating a dental treatment plan based on the three-dimensional volumetric model of the dentition ([0271 and Fig. 6] In addition the 3D data may be used to help treat or provide treatment guidance and monitoring 613.), wherein the method further comprises: determining data of a shape of subgingival hard tissue from the volumetric scan data ([0103] 3D volumetric model may include surface (e.g., color) information as well as information on internal structure, such as near-infrared (near-IR) transparency values for internal structures including enamel and dentin [0328] Thus, in any of these methods and apparatuses, the scanner may see inside the enamel and reconstruct the margin line. In addition, the use of additional wavelengths (e.g., green light) or even different radiation modalities (e.g., ultrasound) imaging through the flesh may be possible, allowing construction of margin lines and even teeth roots, and/or helping to distinguish structures such as dental caries from the dentin or other internal structures.), and wherein the dental treatment plan is an orthodontic treatment plan based on the 3D surface scan data and the subgingival hard tissue ([0471] In any of the methods and system described herein, the morphology of the dental arch may be used to help identify the likely areas of interest or potential issues. Thus, in general, the 3D model (volumetric model) may be used and/or modified as described herein in order to include the regions of potential actionable dental features. A modified 3D model may act as a map that visually indicates areas of areas for risk assessment; this may be used, for example, to guide treatment of the patient, including to promote use of sealants, orthodontic treatment or night guards, etc.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention with the teachings of Elbaz. The motivation behind this modification would have been to improve the production and generation of 3D volumetric models to improve or modify a dental procedure or dental treatment planning [See Elbaz].
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.
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.
Claim(s) 1-14 and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over ELBAZ et al. (Hereafter, “Elbaz”) [US 2019/0269485 A1].
In regards to claim 1, Elbaz discloses a multimodal scanning system for scanning an intraoral structure ([Abstract] intraoral scanning methods and apparatuses for generating a three-dimensional model of a subject's intraoral region (e.g., teeth) including both surface features and internal features), the system comprising: an intraoral scanning wand having a distal end and a proximal end ([0230 and Fig. 1A] intraoral scanner wand 103) and comprising: a probe located at a distal end of the wand [Fig. 2E], a 3D surface scanner configured to project light out of a distal end of the probe ([0252] As illustrated in FIGS. 10A and 10B, the illumination light sources (including the lights sources for the first modality (e.g., surface scanning), for the second modality (e.g., penetrative imaging such as penetration imaging), and/or for the third modality (e.g., color scanning) may be located at the front tip of the intraoral scanner wand, e.g., near the scanned objects or inside the scanner head.) and generate 3D surface data of the intraoral structure ([0251] surface data may be captured using a color intraoral 3D scanner by confocal, stereo vision or structured light triangulation or any other 3D surface scanning technology capable of intraoral scanning), and an OCT scanning system configured to project light out of the distal end of the probe and generate volumetric scan data ([0008] Apparatuses for performing both surface and penetrative scanning of the teeth may include intraoral scanners for scanning into or around a subject's oral cavity and that are equipped with a light source or light sources that can illuminate in two or more spectral ranges: a surface-feature illuminating spectral range (e.g., visible light) and a penetrative spectral range (e.g. IR range, and particularly “near-IR,” including but not limited to 850 nm). [0103] Described herein are methods and apparatuses for taking, using and displaying dental information including information extracted from three-dimensional (3D) volumetric models of a patient's dental arch. A 3D volumetric model may include surface (e.g., color) information as well as information on internal structure, such as near-infrared (near-IR) transparency values for internal structures including enamel and dentin. In some variations, the 3D volumetric scan may include or be derived from one or more other scanning modalities, including, but not limited to: optical coherence tomography (OCT), ultrasound (US), magnetic resonance imaging (MRI), X-ray, etc.); and a processor and memory ([0289] The intraoral scanner 101 may also include one or more processors, including linked processors or remote processors, for both controlling the wand 103 operation, including coordinating the scanning and in reviewing and processing the scanning and generation of the 3D model including surface and internal features. As shown in FIG. 1B the one or more processors 113 may include or may be coupled with a memory 115 for storing scanned data (surface data, internal feature data, etc.).) comprising instructions that when executed cause the system to perform a method comprising: generating 3D surface scan data of an intraoral structure ([0258 and Fig. 6] Once scanning is initiated, the apparatus may collect surface data (e.g., 3D model surface data) including depth information in a first coordinate system 603.); generating volumetric scan data of the intraoral structure with the OCT scanning system ([0258] Internal feature data may also be collected, e.g., using a second illumination spectrum (which may include just a single wavelength or small range of wavelengths) that is/are penetrative into the tooth/teeth 605. [0259] In general, in any of the apparatuses and methods described herein, the internal feature data collected 605 may be used to reconstruct a volumetric model of the tooth or teeth including the internal features. In particular, tomographic reconstruction (e.g., optical tomography) may be used.); determining a location and orientation of the intraoral scanning wand with respect to the intraoral structure based on the 3D surface data of the intraoral structure ([0336] During scanning, a plurality of penetrative scans 1703, 1703′ may be taken, and the position of the sensor (e.g., camera) 1705, 1705′ (e.g., x,y,z position and/or pitch, roll, yaw angles) may be determined and/or recorded for each penetrative image.), aligning the volumetric scan data with the 3D surface scan data based on the determined location and orientation ([0262] Alternatively or additionally, the method and apparatus may extrapolate the position of the wand relative to the surface, based on the surface data information collected immediately before and after collecting the internal data. Thus, in any of the methods described herein, including as shown in step 703 of FIG. 7, the apparatus may interpolate the positions between each scan (e.g., first modality scan, such as a surface scan, a second modality scan, such as a penetrative, e.g., near-IR scan or scan(s) and a third modality scan, such as a color scan, etc.). This interpolation may correct for the small but potentially significant movement of the wand during scanning. In particular, when coordinating between the surface and internal structures, in which the scanning is being manually performed, interpolating (and/or extrapolating) to approximate the more accurate 3D position of the teeth (or of the teeth relative to the scanning wand) for each scanned image.); generating a three-dimensional volumetric model of a dentition based on the aligned and corrected volumetric scan data and the 3D surface scan data ([0258] Once collected, the data may be analyzed, and/or filtered (including subtracting, smoothing, etc.), and combined to form a 3D model rendering of the intraoral cavity (e.g., tooth, teeth, gums, jaw, etc.) using both the surface data and the internal feature data 607.); and generating a dental treatment plan based on the three-dimensional volumetric model of the dentition ([0271 and Fig. 6] In addition the 3D data may be used to help treat or provide treatment guidance and monitoring 613.).
It would have been obvious to one of ordinary skill in the art at the time of the invention to incorporate the different embodiments and examples of Elbaz to include the additional features for the system [Official Notice]. The motivation behind the incorporation would have been to improve the production and generation of 3D volumetric models to improve or modify a dental procedure or dental treatment planning [See Elbaz].
In regards to claim 2, the limitations of claim 1 have been addressed. Elbaz discloses wherein the method further comprises generating lesion data based on the three-dimensional volumetric model of the dentition before generating the dental treatment plan ([0335] Thus, penetrative images taken through the teeth with a penetrative wavelength (e.g., near IR and/or IR), may include inner teeth structures and/or 3D data. These images may be taken using any of the dental scanners described herein, and the teeth volume may be segmented into different regions according to opacity, color, and other properties of the images and 3D data. These regions can be for example: healthy enamel, dentin, lesion, dental filling(s), etc. The segmentation can be done on 2D images or on volumetric models. The segmentation can be used to classify the images and/or the 3D models according to the presence of different segments. A user may be able to detect by this segmentation manually or automatically (or semi-automatically) to classify different internal structures, such as: dental caries, enamel erosion, and other dental issues. Further, the images or models may be used to measure internal regions of a tooth or multiple teeth segments for better dental treatments, including aligning teeth or other treatment planning. For example, a user may be able to locate dental lesion in an accurate fashion to plan accurate filling with minimal enamel extraction. Thus, the use of segmentation as described herein may permit the capture of inner teeth structure without ionizing radiation, as is currently used with X-rays. Dental issues may be presented on 3D volumetric model. Further, as will be described in detail below, segmentation and classification of internal structures may be automatized. Finally, exact measurements of internal structures may be taken for better treatment planning.).
In regards to claim 3, the limitations of claim 2 have been addressed. Elbaz discloses wherein the 3D surface scanner is a structured light projector ([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.) and wherein structured light projector and the OCT scanning system are in a known orientation with respect to each other within the intraoral scanning wand ([0288] The relative positions of the light source(s) and cameras(s) are typically known, and one or more penetration images may be taken at each position of the wand. The positions of the light source(s) and camera(s) can include three numerical coordinates (e.g., x, y, z) in a three-dimensional space, and pitch, yaw, and roll of the camera.).
In regards to claim 4, the limitations of claim 1 have been addressed. Elbaz discloses wherein the 3D surface scanner and the OCT scanning system are coaxial with respect to each other ([0018] The same sensor or a different sensor may be used to collect the surface and internal feature data. For example, taking the plurality of images may comprise using a same sensor on the intraoral scanner to capture 3D surface model data and the plurality of images using the penetrative wavelength. [0028] cycling between the first modality and the second modality, wherein cycling rapidly switches between the first modality and the second modality so that images using the penetrative wavelength share a coordinate system with the 3D surface model data captured in the first modality).
In regards to claim 5, the limitations of claim 4 have been addressed. Elbaz discloses further comprising an imaging sensor ([0020] In general, any number of sensors may be included on the intraoral scanner, e.g., the wand of the intraoral scanner. Any appropriate sensor for detecting and recording the appropriate spectral range(s) (e.g., of light) may be used. Sensors may be referred to and may include detectors, cameras, and the like.).
In regards to claim 6, the limitations of claim 5 have been addressed. Elbaz discloses wherein the imaging sensor is configured to capture structured light reflected from external surfaces of the intraoral structure and OCT light reflected from an internal structure of the intraoral structure ([0018] The same sensor or a different sensor may be used to collect the surface and internal feature data. For example, taking the plurality of images may comprise using a same sensor on the intraoral scanner to capture 3D surface model data and the plurality of images using the penetrative wavelength. [0028] cycling between the first modality and the second modality, wherein cycling rapidly switches between the first modality and the second modality so that images using the penetrative wavelength share a coordinate system with the 3D surface model data captured in the first modality).
In regards to claim 7, the limitations of claim 5 have been addressed. Elbaz discloses wherein the method further comprises generating a three-dimensional volumetric model of an intraoral object based on data generated by the 3D surface scanner and the OCT scanning system ([0258] Once collected, the data may be analyzed, and/or filtered (including subtracting, smoothing, etc.), and combined to form a 3D model rendering of the intraoral cavity (e.g., tooth, teeth, gums, jaw, etc.) using both the surface data and the internal feature data 607.).
In regards to claim 8, the limitations of claim 2 have been addressed. Elbaz discloses wherein generating lesion data based on the three-dimensional volumetric model of the dentition of the patient ([0335] Thus, penetrative images taken through the teeth with a penetrative wavelength (e.g., near IR and/or IR), may include inner teeth structures and/or 3D data. These images may be taken using any of the dental scanners described herein, and the teeth volume may be segmented into different regions according to opacity, color, and other properties of the images and 3D data. These regions can be for example: healthy enamel, dentin, lesion, dental filling(s), etc. The segmentation can be done on 2D images or on volumetric models. The segmentation can be used to classify the images and/or the 3D models according to the presence of different segments. A user may be able to detect by this segmentation manually or automatically (or semi-automatically) to classify different internal structures, such as: dental caries, enamel erosion, and other dental issues. Further, the images or models may be used to measure internal regions of a tooth or multiple teeth segments for better dental treatments, including aligning teeth or other treatment planning. For example, a user may be able to locate dental lesion in an accurate fashion to plan accurate filling with minimal enamel extraction. Thus, the use of segmentation as described herein may permit the capture of inner teeth structure without ionizing radiation, as is currently used with X-rays. Dental issues may be presented on 3D volumetric model. Further, as will be described in detail below, segmentation and classification of internal structures may be automatized. Finally, exact measurements of internal structures may be taken for better treatment planning.) includes using a machine learning algorithm trained on tagged three-dimensional volumetric models to determine the location of and classify a lesion within the lesion data ([0339] A segment may mark each pixel on the image. Internal structures, such as dentin, enamel, cracks, lesions, etc. may be automatically determined by segmentation, and may be identified manually or automatically (e.g., based on machine learning of the 3D structure, etc.). Segments may be displayed separately or together (e.g., in different colors, densities, etc.) with or without the surface model (e.g., the 3D surface model).).
In regards to claim 9, the limitations of claim 8 have been addressed. Elbaz discloses wherein the method further comprises providing diagnostic indicators on the three-dimensional volumetric model based on the location and classification of the lesion ([0269] The 3D model may be used, for example, to measure size shape and location of lesion including decay, to assess the type of decay based on translucently, color, shape, and/or to assess the type of surface issues based on surface illumination e.g. cracks, decay, etc. 609. [0425] The 3D volumetric models of the teeth (and method and apparatuses for generating them) may also be used as a diagnostic or detection tool for future tooth sensitivity. For example, an abfraction is a form of non-carious tooth tissue loss that typically occurs along the gingival margin. The abfraction lesion may be a mechanical loss of tooth structure that is not caused by tooth decay that may occur in both the dentin and enamel of the tooth. These are believed to be caused by repetitive stress cycles from the patient's occlusion, and exacerbated by aggressive brushing. The 3D volumetric models of the teeth enhanced by density analysis of the enamel and dentin near the gingival line may provide an early indicator of these lesions. For example, an apparatus may examine the volumetric model to identify the initial stages of formation for these crescent-shaped lesions. Multiple 3D volumetric models taken over time may indicate the rate of progression of these lesions. A system may be configured to automatically or manually identify them; as described above, they may be automatically or semi-automatically flagged.).
In regards to claim 10, the limitations of claim 9 have been addressed. Elbaz discloses wherein the lesion is one or more of caries ([0011] the imaged internal features such as lesions (caries, cracks, etc.)), oral cancer, or periodontal disease.
In regards to claim 11, the limitations of claim 1 have been addressed. Elbaz discloses wherein the method further comprises: determining data of a shape of subgingival hard tissue from the volumetric scan data ([0103] 3D volumetric model may include surface (e.g., color) information as well as information on internal structure, such as near-infrared (near-IR) transparency values for internal structures including enamel and dentin [0328] Thus, in any of these methods and apparatuses, the scanner may see inside the enamel and reconstruct the margin line. In addition, the use of additional wavelengths (e.g., green light) or even different radiation modalities (e.g., ultrasound) imaging through the flesh may be possible, allowing construction of margin lines and even teeth roots, and/or helping to distinguish structures such as dental caries from the dentin or other internal structures.), and wherein the dental treatment plan is an orthodontic treatment plan based on the 3D surface scan data and the subgingival hard tissue ([0471] In any of the methods and system described herein, the morphology of the dental arch may be used to help identify the likely areas of interest or potential issues. Thus, in general, the 3D model (volumetric model) may be used and/or modified as described herein in order to include the regions of potential actionable dental features. A modified 3D model may act as a map that visually indicates areas of areas for risk assessment; this may be used, for example, to guide treatment of the patient, including to promote use of sealants, orthodontic treatment or night guards, etc.).
In regards to claim 12, the limitations of claim 11 have been addressed. Elbaz discloses wherein the method further comprises combining the 3D surface scan data with data of the shape of the subgingival hard tissue ([0328] Thus, in any of these methods and apparatuses, the scanner may see inside the enamel and reconstruct the margin line. In addition, the use of additional wavelengths (e.g., green light) or even different radiation modalities (e.g., ultrasound) imaging through the flesh may be possible, allowing construction of margin lines and even teeth roots, and/or helping to distinguish structures such as dental caries from the dentin or other internal structures. [0329] The resulting volumetric 3D model of the teeth may be used to reconstruct teeth base on the histological teeth. As described, the volumetric model may be used to create dental prosthetics (implants, etc.) that have a more realistic appearance and/or a better fit.).
In regards to claim 13, the limitations of claim 12 have been addressed. Elbaz discloses wherein the subgingival hard tissue is tooth roots and the 3D includes tooth crowns ([0328] Thus, in any of these methods and apparatuses, the scanner may see inside the enamel and reconstruct the margin line. In addition, the use of additional wavelengths (e.g., green light) or even different radiation modalities (e.g., ultrasound) imaging through the flesh may be possible, allowing construction of margin lines and even teeth roots, and/or helping to distinguish structures such as dental caries from the dentin or other internal structures. [0329] The resulting volumetric 3D model of the teeth may be used to reconstruct teeth base on the histological teeth. As described, the volumetric model may be used to create dental prosthetics (implants, etc.) that have a more realistic appearance and/or a better fit. [0396] This information may be used clinically to determine the need for, to help design and to help apply dental prosthetics, including veneers, crowns, and the like.).
In regards to claim 14, the limitations of claim 12 have been addressed. Elbaz discloses wherein combining the combining the 3D surface scan data with data of the shape of the subgingival hard tissue includes generating a shape of one or more teeth based on the combining ([0277] Along with the surface 3D model, showing the outer shape of the tooth, this information may be used to provide a model of the tooth and the overall lesion.).
In regards to claim 16, the limitations of claim 1 have been addressed. Elbaz discloses wherein the method further comprises determining data of a shape of subgingival hard tissue from the volumetric scan data, and wherein the dental treatment plan is a restorative treatment plan based on the 3D surface scan data and the subgingival hard tissue ([0328] Thus, in any of these methods and apparatuses, the scanner may see inside the enamel and reconstruct the margin line. In addition, the use of additional wavelengths (e.g., green light) or even different radiation modalities (e.g., ultrasound) imaging through the flesh may be possible, allowing construction of margin lines and even teeth roots, and/or helping to distinguish structures such as dental caries from the dentin or other internal structures. [0329] The resulting volumetric 3D model of the teeth may be used to reconstruct teeth base on the histological teeth. As described, the volumetric model may be used to create dental prosthetics (implants, etc.) that have a more realistic appearance and/or a better fit. [0407] As discussed above, information about cracks and/or caries may be used to suggest treatments including restorations before potential issues develop further. In some variations, a digital model (e.g., surface and/or volumetric model) of the teeth may be modified using the volumetric information, and the modified model(s) used to design an orthodontic appliance or treatment plan.).
In regards to claim 17, the limitations of claim 16 have been addressed. Elbaz discloses wherein the method further comprises combining the 3D surface scan data with data of the shape of the subgingival hard tissue ([0277] Along with the surface 3D model, showing the outer shape of the tooth, this information may be used to provide a model of the tooth and the overall lesion.).
In regards to claim 18, the limitations of claim 17 have been addressed. Elbaz discloses wherein the subgingival hard tissue includes a margin line of a prepared tooth and the 3D surface scan data includes a prepared tooth crown ([0328] Thus, in any of these methods and apparatuses, the scanner may see inside the enamel and reconstruct the margin line. In addition, the use of additional wavelengths (e.g., green light) or even different radiation modalities (e.g., ultrasound) imaging through the flesh may be possible, allowing construction of margin lines and even teeth roots, and/or helping to distinguish structures such as dental caries from the dentin or other internal structures. [0329] The resulting volumetric 3D model of the teeth may be used to reconstruct teeth base on the histological teeth. As described, the volumetric model may be used to create dental prosthetics (implants, etc.) that have a more realistic appearance and/or a better fit. [0396] This information may be used clinically to determine the need for, to help design and to help apply dental prosthetics, including veneers, crowns, and the like. Any of the methods and apparatuses described herein may be used, for example, to help prepare design a dental implant for a particular tooth or teeth.).
In regards to claim 19, the limitations of claim 18 have been addressed. Elbaz discloses wherein the method further comprises generating a prosthetic based on the combined surface scan data and the subgingival hard tissue ([0328] Thus, in any of these methods and apparatuses, the scanner may see inside the enamel and reconstruct the margin line. In addition, the use of additional wavelengths (e.g., green light) or even different radiation modalities (e.g., ultrasound) imaging through the flesh may be possible, allowing construction of margin lines and even teeth roots, and/or helping to distinguish structures such as dental caries from the dentin or other internal structures. [0329] The resulting volumetric 3D model of the teeth may be used to reconstruct teeth base on the histological teeth. As described, the volumetric model may be used to create dental prosthetics (implants, etc.) that have a more realistic appearance and/or a better fit. [0396] This information may be used clinically to determine the need for, to help design and to help apply dental prosthetics, including veneers, crowns, and the like. Any of the methods and apparatuses described herein may be used, for example, to help prepare design a dental implant for a particular tooth or teeth.).
In regards to claim 20, the limitations of claim 2 have been addressed. Elbaz discloses the dental treatment plan is a restorative treatment plan based on the 3D surface scan data and the lesion data ([0277] Along with the surface 3D model, showing the outer shape of the tooth, this information may be used to provide a model of the tooth and the overall lesion. [0328] Thus, in any of these methods and apparatuses, the scanner may see inside the enamel and reconstruct the margin line. In addition, the use of additional wavelengths (e.g., green light) or even different radiation modalities (e.g., ultrasound) imaging through the flesh may be possible, allowing construction of margin lines and even teeth roots, and/or helping to distinguish structures such as dental caries from the dentin or other internal structures. [0329] The resulting volumetric 3D model of the teeth may be used to reconstruct teeth base on the histological teeth. As described, the volumetric model may be used to create dental prosthetics (implants, etc.) that have a more realistic appearance and/or a better fit. [0407] As discussed above, information about cracks and/or caries may be used to suggest treatments including restorations before potential issues develop further. In some variations, a digital model (e.g., surface and/or volumetric model) of the teeth may be modified using the volumetric information, and the modified model(s) used to design an orthodontic appliance or treatment plan.).
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kaitlin A Retallick whose telephone number is (571)270-3841. The examiner can normally be reached Monday-Friday 8am-5pm.
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/KAITLIN A RETALLICK/Primary Examiner, Art Unit 2482
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