3Shape NS
`Holmens Kanal 7, 4
`1060 Kobenhavn K
`
`Danmark
`
`1T
`Nflflnfll m En
`
`3]" W13. mm
`
`MODTAGET a 1 FEB, 26‘”
`
`Vores reference
`Din reference
`
`PA 2010 00568
`P20 I 0011 ~ 2D image arrangement
`
`-
`
`Ansagerfpatenthaver
`CVR-{Pmumrner
`Din frist
`
`SShape NS
`25553489
`28.juli 201 1
`
`Patent- 0g
`Varemarkestyrelsen
`
`Heigeshnj 8116 B1
`2630 Tam“
`Tlf.
`:
`.43 so so on
`F
`‘. 43 50 80 0
`
`Eifiail
`Web
`CVRvnr.
`
`.- pvs@o‘l:pto?dk
`: www.dkpto.dl<
`:
`‘1? 03 91: 15
`
`fikonumim og
`Erhvervsministeriet
`
`{niche patent instftiit:
`28. januar 2011
`
`Reply to your patent application of 2910612010.
`
`1st technical examination of your patent application
`
`1. Conclusion
`We are of the opinion that you will not be able to obtain a patent for your invention. When you filed
`your application, part of your invention was already known, and the new part of the invention does not
`differ significantly over the prior art, as stipulated in Section 2(1) of the Danish Patent Act. Below,
`please find an explanation of our conclusion.
`
`2. Our evaluation of your invention
`The relevant prior art is described in the following documents:
`
`(D1)
`
`(D2)
`
`(D3)
`(D4)
`(D5)
`
`EP 1124487 Bl (CADENT LTD) 23 05.2007, see [0009]. [0010]. [0020], [0032], [0034],
`[0036], fig 1A, 13, 3A. 33, 4A, 413.
`US 6068482 A (SNOW) 30.05.2000, col 1, line 3844, col 2, line 59-67 to col 3, line 2,
`col 3, line 2865, all figures.
`US 200310163291 Al (JORDAN et :11) 28.08.2003, sec [0080110087], fig. 4A.
`US 6261248 Bl (TAKAISHI et :11) 17.07.2001, col 2, line 10-20, fig 1 and 3.
`W0 20101008435 A1 (DENTSPLY INTERNATIONAL. INC.) 21 .01.2010, see [0029]
`
`D1 describes a computer-implemented method of visualizing, designing and modelling a set of teeth
`for a patient (see section [0009], [0010]):
`~ providing one or more 213 digital images;
`- providing a 3D virtual model of at least part of the patient’s oral cavity (see section [0010], [0032],
`fig 1A, 113, 4A, 4B);
`- arranging at least one of the one or more 2D digital images relative to the 3D virtual model in a 3D
`space such that the at least one 21) digital image and the 3D virtual model are aligned when viewed
`
`3SHAPE EXHIBIT 2001
`
`3SHAPE EXHIBIT 2001
`Exocad v. 3Shape
`Exocad V. 3Shape
`IPR2018-00785
`IPR2018-00785
`
`1
`
`

`

`from a viewpoint, whereby the 3D virtual model and the at least one 2D digital image are both visual~
`ized in the 3D space (see section [0034], [0036] fig 2, 3A, 3B, 5);
`-the one or more 2D image comprises a patient—specific image;
`-the 2D image can be a picture showing the patient‘s lips (fig 3A, 3B);
`-the 2D image and the 3D image can be scaled to fit each other (see [0020])
`
`D2 and D3 describe a technique similar to D1. D4 and D5 describe a computer implemented method
`where a 2D image of a set of teeth is placed behind the lips of a patient on a 2D photograph, in order
`to get an aesthetic impression.
`
`The subject matter of claims I and 2 is described in Dl—D3. These claims are, therefore, not pat-
`entable.
`
`The subject matter of claims 36 differs from D1 in that a generic image, a template, a photograph
`showing lips and teeth seen from the front, and a photograph where a part of the teeth has been cut
`out, respectively, are chosen as 2D images. The problem addressed by the invention is to obtain differ—
`ent possibilities or targets in the modelling process.
`
`We consider that the person skilled in the art, computer aided modelling of teeth, would be inspired by
`his specialist knowledge to use different 2D images in order to enable a suitable guide for the model-
`ling process, and thereby suggest the solution mentioned in claims 3-6 of your application. We cannot
`see that your invention presents a surprising effect. Therefore, the subject matter of claims 36 does
`not differ significantly from the prior art. Thus you will not be able to obtain a patent for this inven-
`tion.
`
`m @U/LT;
`The subject matter of claims 7 and 8 differs from D1 in that the 3D image, i.e. the teeth, is visible be-
`hind the lips. The addressed problem is to obtain a virtual impression of the final resglt,2.e. the: patient
`with his new set of teeth. It is, however, common knowledge within the field that a ‘if) rims or a set
`of teeth can be superposed on the teeth of a photograph of a patent’s face. or that the teeth can be
`dropped into the open mouth area of a digital image (see for example D4 and D5).
`
`We consider that the skilled person would be inspired by his specialist knowledge to suggest the in-
`vention according to claims 7-8. The invention according to claims 7-8 lacks an inventive step and is
`therefore not patentable.
`
`The subject matter of claim 9 differs from D1 in that the images are scaled to fit. However, it is com-
`mon knowledge within the field that the 3D and 2D images can be scaled to fit each other (see for
`example D] to D3). We consider that a skilled person within the field would be inspired by his spe-
`cialist knowledge to suggest the invention according to claim 9. The invention according to claim 9 is
`not patentable due to lack of an inventive step.
`
`The subject matter of claim it) differs from D1 in that the modelling process is performed automati-
`cally. However, it is common knowledge to automate processes in order to reduce the overall process
`time. The invention according to claim 10 does not differ significantly from Di and is not patcntable.
`
`3. What happens next
`We welcome any comments you may have to our letter. We must receive them within the time limit
`mentioned at the top of this letter. You can send us comments ands’or new documents by post, e—mail
`or via IP Client. If you do not repiy within the time limit, your application will be temporarily shelved,
`i.e. we will discontinue examination of the application.
`-
`
`22’3
`
`2
`
`

`

`If you exceed the time limit. it will still be possible for you to reply within an extended time limit of 4
`months.
`
`An extension of time limit requires that you pay a resumption fee of DKK 700 to resume the
`examination of your application The fee must be paid when you send us your reply.
`
`If you exceed the extended time limit, your application will be finally shelved.
`
`4. Search report
`For your information, we have encIosed a search report‘ The report shows the documents retrieved in
`our search.
`
`We have enclosed a copy of the documents.
`
`Yours sincerely
`’1’”.
`1:34
`1/?
`,EZ
`Lennart Bitsch / 4"
`y‘fiad'tpmlfi
`
`-_-,..
`
`MSc, PhD, Senior Examiner
`
`Encl.:
`
`Search report
`Copies: 5 documents
`
`3.8
`
`3
`
`

`

`
`E it'i'iiiiii Anus-232$: .021: 'i’: 5.01.0320 nits”. iii-110:2
`
`SEARCH REPORT
`
`Application No.
`PA 2010 00568
`
`
`A.
`CLASSIFICATION OF SUBJECT MATTER
`
`A61C 1100 (2006.01) According to International Patent Classification (I'PC) or to both national classification and WC
`
`
`
`B.
`FIELDS SEARCHED
` Minimum documentation searched (classification system followed by classification symbols)
`IPC:A61C; ECLA: A61C;ICO: A61C
`
`Documentation searched other than minimum documentation to the extent that such documents are included in the fields scorched
`
`Electronic data base consulted during the international search (name ol‘ data hose and, where practicable, search terms used) EPODOC. WPI, TXTE
`
`
`
`CLAIMS SEARCHED 1-10
`
`DOCUMENTS CONSIDERED TO BE RELEVANT
`
`Citation of document, with indication, where appropriate, of the relevant passages
`
`Relevant to cluirnNo.
`
`
`
`C
`
`D.
`
`X
`
`X
`
`X A A
`
`
`
`EP 1124437 Bl (CADENT LTD) 23.05.2007, see [0009], [0010], [0020], [0032],
`[0034], [0036], fig 1A, 1B, 3A, BB, 4A, 43.
`
`US 6068482 A (SNOW) 30.05.2000, col 1, line 38-44, col 2, line 59-67 to col 3,
`line 2, col 3, line 28-65, all figures.
`
`us 200310163291 AI (JORDAN ct ed) 23.03.2003, sec [0030140087], fig. 4A.
`
`
`
`
`
`
`
`
`
`
`
`
`US 6261248 Bl (TAKAISHI et at) 17.07.2001, col 2, line 1020, fig 1 and 3.
`
`WO 2010/008435 A1 {DENTSPLY INTERNATIONAL INC.) 21.0}.20l0, cc [0
`029]
`
`Further documents are listed in the continuation of Box D.
`
`"A"
`
`“D“
`
`”5..
`
`“1;“
`
`no"
`
`Special categories oi'cited documents:
`
`document defining the general stoic offlm art which is not consi-
`dered to he ot‘partieclar relevtuiee.
`
`document cited in the application.
`
`earlier application or patent but published on or after the filing date.
`
`document which may throw doubts on prim in claimts) or which
`is cited to establish the publication duh: ol‘nnolher citation or other
`special reason (its specified}.
`
`document mien-tug to an oral disclosure, use, exhibition or other
`Il‘lBflJlS.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Danish Patent and Trademark Office
`I-Iclgcsle Alié 81
`2630 'qutstrup
`Denmark
`
`Tlti: +45 4350 8000
`
`Fax: +45 4350 8001
`October 09
`
`"P"
`
`”T”
`
`"X"
`
`my»:
`
`"3‘"
`
`document published prior to the filling date but later than the
`priority date ciaimed.
`
`document not in conflict with the application but cited to undcmmnd
`the principte or theory underlying the invention.
`
`document of particular relevmice; the claimed invention cnnnot be
`considered novel or canmot he mtsidered to involve an inventive
`step when the Llucmnent is taken alone
`
`document of particular relevance; the oiaiinerl invention cannot be
`considered to involve :toinvnntivo step when the document is com—
`biood with one or more other such documents, such combination
`being obvious to a person skilled in the art.
`
`document somber ot'tlie some potent thtniiy.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Date of completion of the scrucit report
`27.01.201 1
`
`Authorized officer
`Lennart Bitsch
`
`
`4
`
`