Pa
`toen toy
`Sbkis!
`neeTS—" Seas
`PATENT- OG VARERVERK&SSTYRELSEN
`
`3Shape A/S
`Holmens Kanal7, 4
`1060 Kgbenhavn K
`Danmark
`
`Ti
`OD) AN ETT
`
`HM JAB, anit
`
`MODTAGET Qj FEB, 201]
`
`Vores reference
`Din reference
`Ansgger/patenthaver
`CVR-/P-nummer
`Dinfrist
`
`PA 2010 00568
`P2010011 -2D image arrangement
`3Shape A/S
`25553489
`28, juli 2011
`
`:
`
`Patent- og
`Varemeerkestyrelsen
`
`Helgeshaj Allé 84
`2630 Teastup
`TE
`=: 43.5080 00
`F:
`; 4350800
`E-mail
`: sys@dkoto.dk
`Web
`> www.dlepto.dk
`CVR-an : 170394 15
`
`Gkonoml- og
`
`Erhvervsministeriet
`(ia}dic patent institute
`28. januar 2011
`
`Reply to your patent application of 29/06/2010.
`
`ist technical examination of your patent application
`
`1. Conclusion
`Weare of the opinion that you will not be able to obtain a patent for your invention. When youfiled
`yourapplication, 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
`Therelevantprior art is described in the following documents:
`(D1)
`EP 1124487 B1 (CADENT LTD)23.05.2007,sec [0009], [0010], [0020], [0032], [0034],
`[0036], fig 1A, 1B, 3A, 3B, 4A, 4B.
`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 2003/0163291 Al (JORDAN etal) 28.08.2003, sec [0080]-[0087], fig. 4A.
`US 6261248 Bi (TAKAISHIetal) 17.07.2001, col2, line 10-20, fig | and 3.
`WO 2010/008435 Al (DENTSPLY INTERNATIONALINC.) 21.01.2010, sec [0029]
`
`(D3)
`(D4)
`(D5)
`
`(D2)
`
`D1 describes a computer-implemented methodof visualizing, designing and modelling a set of teeth
`for a patient (see section [0009], [0010]):
`- providing one or more 2D digital images;
`- providing a 3D virtual modelofat least part of the patient’s oral cavity (see section [0010], [0032],
`fig 1A, 1B, 4A, 4B);
`- arranging at least one of the one or more 2D digital images relative to the 3D virtual model in a 3D
`space suchthat the at least one 2D 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 andtheat 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 showingthepatient’s lips (fig 3A, 3B);
`-the 2D image and the 3D imagecan be scaledto fit each other (sec [0020])
`
`D2 and D3 describe a technique similar to D1, D4 and D5 describe a computer implemented method
`where a 2D imageofa set of teeth is placed behindthe lips of a patient on a 2D photograph, in order
`to get an aesthetic impression.
`
`The subject matter of claims 1 and 2 is described in D1-D3. These claims are, therefore, not pat-
`entable.
`
`The subject matter of claims 3-6 differs from D1 in that a generic image, a template, a photograph
`showinglips 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.
`
`Weconsiderthat the person skilled in the art, computer aided modelling of teeth, would be inspired by
`his specialist knowledgeto use different 2D images in order to enable a suitable guide for the model-
`ling process, and thereby suggest the solution mentionedin claims 3-6 of your application. We cannot
`see that your invention presents a surprising effect. Therefore, the subject matter of claims 3-6 does
`not differ significantly from the prior art. Thus you will not be able to obtain a patent for this inven-
`tion.
`
`my IAT
`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 problemis to obtain a virtual impression ofthefinal resHs the,patient
`with his new setof teeth. It is, however, common knowledge within the field that a D/hddel of a set
`of teeth can be superposed on the teeth of a photograph of a patent’s face, or that the teeth can be
`droppedinto the open mouth area ofa 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 imagesare scaled to fit. However,it is com-
`mon knowledge within the field that the 3D and 2D images can be scaledto fit each other (see for
`example D1 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 10 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 doesnotdiffer significantly from D1 andis notpatentable.
`
`3. What happens next
`We welcome any comments you may haveto our letter, We mustreceive them within the time limit
`mentioned at the top ofthis letter, You can send us comments and/or new documents bypost, e-mail
`or via IP Client.If you do notreply within the timelimit, your application will be temporarily shelved,
`ie. we will discontinue examination of the application.
`
`2/3
`
`2
`
`

`

`If you exceed thetimelimit,it will still be possible for you to reply within an extended timelimit 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 yourreply.
`If you exceed the extended timelimit, your application will be finally shelved.
`
`4, Search report
`For your information, we have enclosed a search report. The report shows the documentsretrieved in
`our search.
`
`Wehave enclosed a copy of the documents.
`
`Yours sincerely
`a
`oo,
`Peeing. Ctl
`~
`Lennart Bitsch
`MSc, PhD, Senior Examiner
`
`Encl.:
`Search report
`Copies: 5 documents
`
`3/3
`
`3
`
`

`

`
`DANISH PAYANY AND THADEMARNS OFFIC
`
`;
`SEARCH REPORT
`
`A.
`
`CLASSIFICATION OF SUBJECT MATTER
`
`Application No,
`PA 2010 00568
`
`A6IC 7/00 (2006.01) According to International Patent Classification (IPC) or to both nationalclassification and IPC
`
`
`B.
`
`FIELDS SEARCHED
`
`Minimumdocumentation searched (classification system followed by classification symbols)
`IPC; A6LC; ECLA: A61C; ICO; A61C
`
`Documentation searched other than minimum documentation to the extent that such documents are included in the fields searched
`
`Electronic data base consulted during the international scarch (nameofdata base and, where practicable, search terms used)
`EPODOC, WPI, TXTE
`
`
`
`Cc.
`
`CLAIMS SEARCHED1-10
`
`
`
`
`
`DOCUMENTS CONSIDERED TO BE RELEVANT
`dD.
`Citation of document, with indication, where appropriate, of the relevant passages||Relevantto claim No.
`
`EP 1124487 B1 (CADENT LTD)23.05.2007,sec [0009], [0010], [0020], [0032],
`[0034], [0036], fig 1A, 1B, 3A, 3B, 4A,4B.
`
`US 6261248 BI (TAKAISHT et al) 17.07.2001, col 2, line 10-20, fig 1 and 3.
`
`WO 2010/008435 Al (DENTSPLY INTERNATIONALINC.) 21.01.2010, ec [0
`029]
`
`
`
`
`
`US 6068482 A (SNOW) 30.05.2000,col1, line 38-44,col 2, line 59-67 to col 3,
`line 2, col 3, line 28-65,all figures.
`
`
`US 2003/0163291 Al (JORDAN et al) 28.08.2003,sec [0080]-[0087], fig. 4A.
`
`
`
`
`
`
`x
`
`x
`
`x A A
`
`C]
`*
`
`nA”
`
`“p"
`
`"BE"
`
`“Le
`
`Further documentsare listed in the continuation of Box D.
`Special categonesofciled documents:
`
`document defining the general state ofthe art which is not consi-
`dered to be ofparticular relevance,
`
`document cited in the application.
`
`eurlier applicationor patent but published onor after the filing date,
`
`document which may throw doubts on priority claim(s) or which
`is cited to establish the publication dute ofanother cilation or other
`special reason (as specified).
`
`
`
`
`
`
`
`
`
`
`Danish Patent and Trademark Office
`Helgeshoj Allé 81
`2630 Taastrup
`Denmark
`
`"OQ"
`
`documentreferring to an aral disclosure, use, exhibition orother
`INES.
`
`Tif: +45 4350 8000
`
`Fax: +45 4350 8001
`October 09
`
`mpe
`
`~~!
`
`documentpublished priorto the filling date but later than the
`priority date claimed,
`
`documentnotin conflict with the application but cited to understand
`the principle or theary underlying the invention.
`
`a document ofparticular relevance; the claimed invention cannot be
`considered novel or cannot be considered to involve an inventive
`step when the documentis taken alone.
`
`nr
`
`document ofparticular relevance; the claimedinvention canaotbe
`considered to involve an inventive step when the documentis com-
`bined with ane or more other such documents, such combination
`being obviousto a personskilled inthe art
`
`"ae"
`
`document memberofthe same putent family.
`
`
`
`
`
`
`
`
`
`
`
`Date of completion of the search report
`27.01.2011
`-
`Authorized officer
`Lennart Bitsch
`
`
`4
`
`