WO 00/25677
`
`-14-
`
`PCT/IL99/00577
`
`CLAIMS:
`An image processing method comprising:
`
`1.
`
`(a)
`
`applying at least a first imaging technique and a second imaging
`
`technique to acquire a first, two-dimensional image of at least a first
`
`5
`
`portion of teeth and a second three-dimensional virtual image of at
`
`least a second portion of the teeth, respectively, there being at least a
`
`partial overlap between said first and second portions; and
`
`(b)
`
`defining a set of basic. landmarks in either one of the two images,
`
`locating said set in the other of the two images and registering said
`
`10
`
`set in the two images.
`
`2.
`
`A method according to Claim 1, wherein said first image is a longitudinal
`
`cross-sectional image.
`
`3.
`
`A method according to Claim 2, wherein said first imaging technique is a
`
`radiographic x-ray technique.
`
`15 4.
`
`A method according to Claim 3, wherein said first image is cephalometric
`
`image.
`
`5.
`
`A method according to any one of Claims 1-4, wherein step (a) comprises
`
`applying a third imaging technique to acquire a third image comprising at least a
`
`profile of facial aspects.
`
`20 6.
`
`A method according to any of Claims 1-4, wherein said three-dimensional
`
`image comprises substantially all teeth of at least one jaw, and the two-dimensional
`
`image is positioned on the mid palatal plane of the three-dimensional image.
`
`7.
`
`A method according to Claim 1, comprising the following step:
`
`(c)
`
`displacing at least one tooth in at least one of the images in a manner
`
`25
`
`resembling the manner in which said at least one tooth can be shifted
`in real-life orthodontic treatment; and
`by applying a set of rules which define manner in which each element
`
`(d)
`
`in one image maps to a corresponding element in the other image,
`
`displacing said at least one tooth in said other image.
`
`exocad GmbH, et. al.
`Exhibit 1004 - Part 3
`
`0801
`
`

`

`WO 00/25677
`
`-15-
`
`PCT/IL99/00577
`
`8.
`
`A method according to Claim 7, wherein said set of rules comprise defining
`
`in said one image at least one object-associated landmark of said at least one tooth,
`
`locating said object-associated landmark, and displacing said object-associated
`
`landmark in said other image, in proportion to its movement in said one image.
`
`5 9.
`
`. A method according to Claim 8, wherein said basic landmarks are fixed, the
`
`displacement of the at least one object-associated landmark in said one image is
`
`defined according to said basic landmarks and said at least one object-associated
`
`landmark is then displaced in the same relative displacement in respect of the basic
`
`landmarks in said other image.
`
`10 10.
`
`A method according to any one of Claims 7-9, wherein said one image is a
`
`virtual three-dimensional image of a teeth model and said other image is a lateral
`
`image.
`
`11. A method according to Claim 10, wherein said lateral image is a
`
`cephalometric image.
`
`15 12. A method according to Claim 11, comprising the following step:
`
`( e)
`
`by applying a set of rules defining displacement of soft facial tissue caused
`
`by displacement of said at least one tooth, predicting effect of the displacement of
`
`said at least one tooth in said virtual three-dimensional image on soft facial tissue
`
`image in said lateral image.
`20 13. A method according to Claim 12, wherein the displacement of said soft
`
`tissue is predicted using a third image of at least a profile of facial aspects.
`
`14. An image processing system comprising:
`
`(i)
`
`a first utility for receipt of first data representative of a first
`
`two-dimensional cross-sectional image of at least a first teeth portion;
`
`25
`
`(ii)
`
`a second utility for receipt of second data representative of a second,
`
`three-dimensional virtual image of teeth model of at least a second
`
`teeth portion;
`
`(iii)
`
`a module for defining basic landmarks in both in1ages and for
`
`generating data representative thereof; and
`
`0802
`
`

`

`WO 00/25677
`
`-16-
`
`PCT /IL99/00577
`
`(iv)
`
`a processor associated with said first and said second utility and with
`
`said module, for receiving said first and said second data and for
`
`mapping elements in one of the two images to the other of the two
`
`images according to the data representative of said basic landmarks.
`s 15. A system according to Claim 14, wherein said first image is a cephalometric
`
`image.
`16. A system according to Claim 15, comprising a third utility for receipt of
`
`third data representative of a third image comprising at least a profile of facial
`
`aspects.
`
`10 17. A system according to any one of Claims 13-16, wherein the first, second
`
`and third utilities are integral.
`
`18. A system according to any one of Claims 13-17, wherein said second utility
`
`comprises a data transferring module for transferring data representative of the
`
`second, virtual three-dimensional image to the processor.
`
`15 19. A system according to any one of Claim 13-18, comprising a module
`
`defining a set of rules for displacing at least one virtual tooth representation in one
`
`of the images.
`
`20. A system according to Claim 19, wherein said set of rules define a
`
`displacement representing the manner of shifting of the at least one tooth in a
`
`20
`
`real-life orthodontic treatment.
`
`21. A system according to Claim 19, wherein said processor translates the
`
`displacement of said at least one virtual tooth representation in one of the images to
`
`displacement of a corresponding tooth in the other image.
`
`22. A system according to Claim 21, wherein said one of the images is a virtual
`
`2s
`
`three-dimensional image of teeth model, and the other image is a cephalometric
`
`image.
`
`23. A system according to Claim 22, comprising a module defining a set of
`
`rules for predicting the effect of displacement of teeth in the cephalometric image
`
`of soft facial tissue.
`
`0803
`
`

`

`WO 00/25677
`
`1/9
`
`PCT/IL99/00577
`
`FIG.1A
`PRIOR ART
`
`FIG.1B
`PRIOR ART
`
`0804
`
`

`

`W000/25677
`
`2/9
`
`PCT /IL99/00577
`
`FIG.2
`
`0805
`
`

`

`WO 00/25677
`WO 00/25677
`
`PCT/IL99/00577
`PCT/IL99/00577
`
`3/9
`
`3/9
`
`FIG.3A
`
`FIG.3B
`
`0806
`
`0806
`
`

`

`WO 00/25677
`
`PCT /IL99/00577
`
`4/9
`
`L2
`
`FIG.4A
`
`L1
`
`FIG.4B
`
`0807
`
`

`

`WO 00/25677
`
`PCT /IL99/00577
`
`5/9
`
`FIG.5
`
`0808
`
`

`

`WO 00/25677
`WO 00/25677
`
`6/9
`6/9
`
`PCT/IL99/00577
`PCT/IL99/00577
`
`40
`
`20
`
`28
`
`22
`
`26
`
`
`
`p
`
`M
`
`30
`
`u1
`
`u2
`
`u3
`
`32
`
`50
`
`FIG.6
`FIG.6
`
`0809
`
`0809
`
`

`

`WO 00/25677
`
`PCT /IL99/00577
`
`15 \._ ON CELHALOMETRIC X-RAY MOVE SKELETAL
`ELEMENTS ACCORDING TO MOVEMENTS THE
`USER PERFORMED ON 30 MODEL
`
`•
`16 0
`ON CELPHALOMETRIC X-RAY MOVE TEETH
`~ ACCORDING TO MOVEMENTS THE USER
`PERFORMED ON 3D MODEL
`
`17
`0
`"---
`
`ON CELPHALOMETRIC X-RAY UPDATE THE
`RESULTS OF DESIRED PROPORTIIONAL
`MEASUREMENTS
`
`•
`
`FIG.7B
`
`0810
`
`

`

`WO 00/25677
`
`PCT/IL99/00577
`
`8/9
`
`200
`~
`INPUT A CEPHALOMETRIC X-RAY
`
`211
`
`231
`
`210~
`
`DRAW THE OUTLINE OF UPPER
`AND LOWER CENTARLS AND OF
`UPPER AND LOWER FIRST
`MOLARS. MARK LAND MARKS
`ON CROWNS AND ROOTS OF
`THESE TEETH
`
`220~
`
`'
`INPUT A 3D VIRTUAL MODEL
`OF THE SAME PATIENT
`
`230~
`
`MARK THE SAME LAND MARKS
`ON CROWNS AND ROOTS AS
`WAS MARKED ON CEPHALOMETRIC
`X-RAY
`
`240~
`
`MOVE TEETH AND SKELETAL
`ELEMENTS ON CEPHALOMETRIC
`X-RAY TO RECEIVE DESIRED
`PROPORTIONAL MEASUREMENTS
`
`FIG.BA
`
`0811
`
`

`

`WO 00/25677
`
`9/9
`
`PCT /IL99/00577
`
`ON 3D MODEL CHANGE THE POSITION
`RELATIONS BETWEEN THE JAWS
`ACCORDING TO TRANSFORMATIONS
`ON THE CEPHALOMETRIC X-RAY
`
`2 50
`
`ON 30 MODEL MOVE THE TEETH
`ACCORDING TO MOVEMENTS
`PERFORMED BY THE USER ON THE
`CEPHALOMETRIC X-RAY
`
`2 60
`___/
`
`ON 3D MODEL ARRANGE ALL TEETH
`RELATIVE TO THE POSITION OF THE L/
`TEETH THAT WAS DEFINED BY THE
`USER ON CEPHALOMETRIC X-RAY
`
`2 70
`
`FIG.SB
`
`0812
`
`

`

`INTERN
`ATIONAL SEARCH REPORT
`
`lnten.
`
`.• mal Appltoallon No
`
`PCT/IL 99/00577
`
`A. CLASSIFICATION OF SUBJECT MATIER
`
`IPC 7 A61B6/00
`
`A61B6/14
`
`According lo lntemallonal Patent Claa1Wioation (IPC) or to both national olaaaifiOlltion and IPC
`
`B. FIELDS SEARCHED
`Minimum dooumentatlon aearched (ciaaaffloation •v-tem tallowed by olaaaifioation aymbola)
`
`IPC 7 A61B
`
`Documentation uarohed other than minimum doc1unantation to the •Xl•nt that euch dcoumenlll are included in the fielda aearohed
`
`Electronic data baaa oonaullad during the intemationai uaroh (name of data base and, where practical, search terma used)
`
`c. DOCUMENTS CONSIDERED TO BE RELEVANT
`Category• Citation of dooument, with indioalion, where appropriate, of the relevant paaaagea
`
`x
`A
`
`A
`
`A
`
`EP 0 488 987 A (TRUPPE MICHAEL)
`3 June 1992 (1992-06-03)
`page 2, line 2 - 1 ine 28
`page 4, 1 i ne 23 - line 47
`---
`EP 0 741 994 A (TRUPPE MICHAEL)
`13 November 1996 (1996-11-13)
`column 5, line 42 - line 59
`column 7, line 15 - line 59
`---
`us 5 151 856 A (HALMANN MENACHEM
`29 September 1992 (1992-09-29)
`column 4, 1 ine 23 - line 61
`column 9, 1 ine 30 - line 53
`---
`
`-!--
`
`Relevant to olalm No.
`
`1-3,14,
`17
`6,18
`
`1-3,6,7,
`14,17-19
`
`ET AL)
`
`1,14
`
`[] Further dooumenlll are li1ted in the continuatlon of box O.
`
`[K] Patent family mambera are listed In annex.
`
`0 Spaolal oategoriH of ctted document• :
`
`'A' doournent defining the general atate of the art whloh la not
`conaldered to be of particular relevance
`'E' earlier document but publilhed on or after Iha lntemallonal
`filing dale
`'L' dooumentwhioh may throw doublll on priority claim(•) or
`which la ctted to 111.abllah the publication date of another
`citation or other apeolal reaaon (aa 1pecffl•d)
`•o• document referring to an oral diaoloaure, uaa, exhibttion or
`othermeana
`•p• document publlahed prior to the International filing date but
`later than th• priority date claimed
`
`"T' later document publlahed attar the intamational flllng date
`or priority dale and not in confllot with the application but
`clted to understand the principle or theory underlying the
`invention
`'X' document of parlloular relevance; the claimed Invention
`cannot be conalderad novel or oannot be oon1idered to
`Involve an inventive atep when Iha document ia taken alone
`'Y' dooument of particular relevance; the olaimed invention
`cannot be conaldered to involve an Inventive atep when Iha
`document 11 combined wtth one or more other auoh docu•
`mania, auoh combination being obvioua to a person aklllad
`in the art.
`'&' document member of the aama patent family ·
`
`Date of the actual completion of the international aearch
`
`Date of mailing of the lntematlonai aearoh report
`
`11 February 2000
`
`1 7. 02. 2000
`
`Name and malling addreea of the ISA
`European Patent Office, P .B. 5818 Patenllaan 2
`NL· 2280 HV Rljawlj<
`Tel. (+31·70) 340-2040, Tx. 31 651 epo nl,
`Fax: (+31-70) 340·3016
`
`Authorl.ted officer
`
`KnUpl ing, M
`
`Fonn PCT/ISA/210 l•ocond oheel) (July 1992)
`
`0813
`
`

`

`INTERNATIONAL SEARCH REPORT
`
`tnte1.
`.onat Applloatlon No
`PCT/IL 99/00577
`
`C,(Contlnuatlon) DOCUMENTS CONSIDERED TO BE RELEVANT
`
`Category 0 Citation of document, with indioalion, where appropriate, of the relevant paaaages
`
`Relevant to claim No.
`
`A
`
`US 5 278 756 A (LEMCHEN MARC S ET AL)
`11 January 1994 (1994-01-11)
`column 6, 1 i ne 4 - 1 i ne 42
`column 9, line 43 - line 54
`column 12, 1 i ne 5 - 1 i ne 29
`-----
`
`1,14
`
`Form PCT/ISM!10 (contmua11on ol aecond 1heel) (July 1992)
`
`0814
`
`

`

`INTERNATIONAL SEARCH REPORT
`
`Jn.let,
`.1ona1 Appllcallon No
`PCT/IL 99/00577
`Publication
`date
`
`Patent family
`member(s)
`
`399272 B
`399273 B
`239790 A
`133550 T
`2056105 A
`59107344 D
`4336048 A
`5678546 A
`5823958 A
`239890 A
`
`25-04-1995
`25-04-1995
`15-09-1994
`15-02-1996
`27-05-1992
`14-03-1996
`24-11-1992
`21-10-1997
`20-10-1998
`15-09-1994
`
`AT
`AT
`AT
`AT
`CA
`DE
`JP
`US
`US
`AT
`us
`01-12-1998
`5842858 A
`13-11-1996
`EP 0741994
`A
`-----------------------------------------------------------------------
`us 5151856
`29-09-1992
`A
`NONE
`-----------------------------------------------------------------------
`us 5278756
`AU
`4950290 A
`24-08-1990
`11-01-1994
`A
`0455700 A
`13-11-1991
`EP
`JP
`13-08-1992
`4504510 T
`WO
`9008505 A
`09-08-1990
`
`Patent document
`cited in search report
`
`EP 0488987
`
`A
`
`I
`
`Publication
`dale
`03-06-1992
`
`I
`
`Form PCTllSA/210 (patent f'""llY ann .. ) (July 1992)
`
`0815
`
`

`

`Reference No.: Bl27024
`
`Mailing No.: 215025
`
`Mailing Date: May 19, 2015
`
`NOTICE OF REASONS FOR REJECTION
`
`(TRANSLATION)
`
`Patent Application Number: 2013-517019
`
`Drafting Date: May 11, 2015
`
`Patent Office Examiner: Hiroyuki Ishida
`
`Attorney for Patent Applicant: Atsushi Aoki et al.
`
`Applicable Provisions: Article 29, paragraph 2
`
`It is deemed that this application should be rejected
`
`for the reasons given below. Any argument should be
`
`submitted in writing within three months from the mailing
`
`date of this notice.
`
`REASONS
`
`(Inventive step) The invention described in the claims,
`
`indicated in the remarks below, of this application is one
`
`which could easily have been made, prior to the filing of the
`
`present application, by a person with ordinary skill in the
`
`art to which the invention pertains, on the basis of the
`
`invention described in the publications cited in the remarks
`
`below, distributed domestically or abroad, or made available
`
`to the public through electric telecommunication lines, prior
`
`to the filing of the present application, and therefore is
`
`unpatentable under the provisions of Article 29, paragraph 2
`
`of the Patent Law.
`
`NOTE (For the numbers of the cited references, see the List
`
`of Cited References)
`
`0816
`
`

`

`- Claims 1 to 22
`
`- References 1 to 3
`
`- Remarks
`
`Paragraphs [0029] to [0032] of Reference 1, paragraph
`
`[0022] of a corresponding Japanese publication of Reference 2
`
`and paragraphs (0047] to (0062] of Reference 3 describe
`
`checking oral conditions after treatment by overlapping 20
`
`images with a 30 model.
`
`List of Cited References
`
`1. Published JP Translation of PCT International Publication
`
`for Patent Application (Kohyo) No. 2002-528215
`
`2. W02008/128700 (Published JP Translation of PCT
`
`International Publication for Patent Application (Kohyo) No.
`
`2010-524529)
`
`3. Published JP Translati6n of PCT International Publication
`
`for Patent Application (Kohyo) No. 2010-503437
`
`Record of Results of Prior Art Search
`
`· Technical Field as Examined IPC
`
`A61C
`
`If you have any questions regarding the content of this
`
`Notice of Reasons for Rejection, or if you wish to arrange an
`
`interview in relation to this case, please contact Mr.
`
`Hiroyuki Ishida, in the 2nd Examination Dept., Nursing and
`
`Medical Treatment Apparatus Div.
`
`Tel. 03-3581-1101 ext. 3384
`
`Fax. 03-3501-0672
`
`- 2 -
`
`0817
`
`

`

`Electronic Acknowledgement Receipt
`
`EFSID:
`
`Application Number:
`
`22790572
`
`13807443
`
`International Application Number:
`
`Confirmation Number:
`
`1045
`
`Title of Invention:
`
`2DIMAGEARRANGEMENT
`
`First Named Inventor/Applicant Name:
`
`Nikolaj Deichmann
`
`Customer Number:
`
`21839
`
`Filer:
`
`William C. Rowland/Mich Sok
`
`Filer Authorized By:
`
`William C. Rowland
`
`Attorney Docket Number:
`
`0079124-000062
`
`Receipt Date:
`
`Filing Date:
`
`Time Stamp:
`
`30-JUN-2015
`
`01-MAR-2013
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`16:23:59
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`Multi
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`(if appl.)
`
`1
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`Information Disclosure Statement (IDS)
`Form (SB08)
`
`PTO_SB08.PDF
`
`no
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`4
`
`612583
`
`7d080ff41 f81 d84afd93167 c203049b7f84e
`oOb
`
`Warnings:
`
`Information:
`
`0818
`
`

`

`2
`
`Foreign Reference
`
`Fl_JP2002528215.pdf
`
`no
`
`38
`
`1899443
`
`Warnings:
`
`Information:
`
`18e9f450ffaa 1 07191 a3eba42b30767d86c7
`b2f3
`
`542712
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`3
`
`Foreign Reference
`
`F2_JP2010503437.pdf
`
`no
`
`19
`
`Warnings:
`
`Information:
`
`as 59 7 af84cd685b5 be4 2d48c4 fl 9960ce5 73
`09df
`
`1555687
`
`4
`
`Foreign Reference
`
`F3_JP2010524529.pdf
`
`no
`
`25
`
`Warnings:
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`Information:
`
`fe3b85cf3e66ee687044a07979974065a9d~
`6bfc
`
`2012749
`
`5
`
`Foreign Reference
`
`F4_W00025677.pdf
`
`no
`
`30
`
`ad32a2cb98da99283ca 12c8d4240d58580d
`88489
`
`Warnings:
`
`Information:
`
`6
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`Other Reference-Patent/ App/Search
`documents
`
`JPOA05192015.pdf
`
`no
`
`2
`
`68597
`
`8a 12 7 SbS b4 f7 4 2d8bd 2f1 cbabc883 39b618
`f40a7
`
`Warnings:
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`Information:
`
`Total Files Size (in bytes)
`
`6691771
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`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New A~~lications Under 35 U.S.C. 111
`If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
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`
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`If a timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/E0/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International A~~lication Filed with the USPTO as a Receiving Office
`If a new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 181 O), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/R0/1 OS) will be issued in due course, subject to prescriptions concerning
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`
`0819
`
`

`

`UNITED STA TES p A TENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www .uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`13/807,443
`
`03/01/2013
`
`Nikolaj Deichmann
`
`0079124-000062
`
`1045
`
`21839
`7590
`10/23/2015
`BUCHANAN, INGERSOLL & ROONEY PC
`POST OFFICE BOX 1404
`ALEXANDRIA, VA 22313-1404
`
`EXAMINER
`
`JONES, HUGH M
`
`ART UNIT
`
`PAPER NUMBER
`
`2128
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/23/2015
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address( es):
`ADIPDOC 1@BIPC.com
`
`PTOL-90A (Rev. 04/07)
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`0820
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`

`

`Application No.
`13/807,443
`
`Applicant(s)
`DEICHMANN ET AL.
`
`Office Action Summary
`
`AIA (First Inventor to File)
`Status
`No
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -(cid:173)
`Period for Reply
`
`Examiner
`HUGH JONES
`
`Art Unit
`2128
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE ;J. MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`1 )~ Responsive to communication(s) filed on 1212812012.
`0 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on __ .
`2a)0 This action is FINAL.
`2b)~ This action is non-final.
`3)0 An election was made by the applicant in response to a restriction requirement set forth during the interview on
`__ ;the restriction requirement and election have been incorporated into this action.
`4)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)~ Claim(s) 110-138 is/are pending in the application.
`5a) Of the above claim(s) __ is/are withdrawn from consideration.
`6)0 Claim(s) __ is/are allowed.
`7)~ Claim(s) 110-138 is/are rejected.
`8)0 Claim(s) __ is/are objected to.
`9)0 Claim(s) __ are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:ilwww.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPHfeedback(wuspto.aov.
`
`Application Papers
`10)0 The specification is objected to by the Examiner.
`11 )~The drawing(s) filed on 1212812012 is/are: a)O accepted orb)~ objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)~ Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a)~ All b)O Some** c)O None of the:
`Certified copies of the priority documents have been received.
`1.~
`Certified copies of the priority documents have been received in Application No. __ .
`2.0
`Copies of the certified copies of the priority documents have been received in this National Stage
`3.0
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment{s)
`1) 0 Notice of References Cited (PT0-892)
`
`2) ~ Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date See Continuation Sheet.
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`3) 0 Interview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`4) 0 Other: __ .
`
`Part of Paper No./Mail Date 20150913
`
`0821
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`

`

`Continuation Sheet (PTOL-326)
`
`Application No. 13/807,443
`
`Continuation of Attachment(s) 2). Information Disclosure Statement(s) (PTO/SB/08), Paper No(s)/Mail Date :6/30/2015, 6/3/2013,
`12/28/2012.
`
`0822
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`

`

`Application/Control Number: 13/807,443
`Art Unit: 2128
`
`Page 2
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`DETAILED ACTION
`Claims 110-138 of US# 13807 443, filed 12/28/2012, are examined under pre-AIA first inventor to file provisions. In
`
`the event determination of status of the application as subject to AIA/pre-AIA 35 U.S.C. 102 &103 is incorrect, any
`
`correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied
`
`upon & rationale supporting the rejection, would be the same under either status.
`
`Drawings
`The drawings are objected to because the figure captions (specification) only list fig. 1-11, while there are 29
`
`1.
`
`pages of figures (i.e., need captions for fig. 2a, 11 a, 11 b ... ). Corrected drawing sheets in compliance with 37 CFR
`
`1.121 (d) are required in reply to the Office action to avoid abandonment of the application. Any amended
`
`replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet,
`
`even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled
`
`as "amended." If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement
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`sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief
`
`description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to
`
`show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application
`
`must be labeled in the top margin as either "Replacement Sheet" or "New Sheet" pursuant to 37 CFR 1.121 (d). If the
`
`changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective
`
`action in the next Office action. The objection to the drawings will not be held in abeyance.
`Please note just figure captions need to be amended to list each individual figure (e.g., 1, 2a, 2b ... )
`
`2.
`
`35 U.S.C. 101 reads as follows:
`
`Claim Rejections - 35USC§101
`
`Whoever invents or discovers any new & useful process, machine, manufacture, or composition of matter, or any
`new & useful improvement thereof, may obtain a patent therefor, subject to conditions & requirements of this title.
`Claims 110-136 are rejected under 35 U.5.C. 101 because the claimed invention is directed to a judicial
`
`3.
`
`4.
`
`exception (i.e., law of nature, natural phenomenon or abstract idea) without significantly more. The claims are
`
`directed to an algorithm in the abstract and do not include additional elements sufficient to amount to significantly
`
`more than the exception. Limitations that may be enough to qualify as "significantly more" include, as non-limiting or
`
`non-exclusive examples (Alice Corp. v. CLS Bank International, 573 U.S._, 134 S. Ct):
`
`• Improvements to another technology or technical fields;
`•Improvements to the functioning of the computer itself;
`• Meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment.
`Limitations not enough to qualify as "significantly more" when recited in a claim with an abstract idea include, e.g.:
`
`•Adding "apply it" (or similar) with an abstract idea, or mere instructions to implement an abstract idea on a computer;
`•A generic computer to perform well-understood, routine & conventional activities previously known to the industry.
`
`0823
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`

`

`Application/Control Number: 13/807,443
`Art Unit: 2128
`
`Page 3
`
`In this case, the issue will be traversed by reciting "A computer implemented method" in the preamble and
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`requiring computer implementation of at least one essential process (e.g., arranging, modeling limitations).
`
`5.
`
`The following highlighted refer to intended use and/or non-patentable weight:
`
`Claim Interpretation
`
`110. A method of designing a dental restoration for a patient, wherein the method comprises: providing one or more
`
`20 images, where at least one 20 image comprises at least one facial feature; providing a 30 virtual model of at
`
`least part of the patient's oral cavity; arranging at least one of the one or more 20 images relative to the 30 virtual
`
`model in a virtual 30 space such that the 20 image & the 30 virtual model are aligned when viewed from a viewpoint,
`whereby the 30 virtual model and the 20 image are both visualized in the 30 space; and modeling a restoration on
`
`the 30 virtual model, where the restoration is designed to fit the facial feature of the at least one 20 image.
`
`112. The method according to claim 110, wherein the facial features comprises one or more imaginary lines of a face
`
`adapted to be detected in the 20 image, such as the midline, the horizontal line, and/or the bi-pupillar line.
`
`118. The method according to claim 110, wherein the method comprises virtually cutting at least a part of the teeth
`
`out of the at least one 20 image, such that at least the lips remains to be visible in the 20 image.
`
`130. The method according to claim 128, wherein the angle of the 30 model and the 20 image is configured to
`
`adapt relative to the perspective view of the 20 image.
`
`138. A system for designing a dental restoration for a patient, wherein the system comprises: means for providing
`
`one or more 20 images, where at least one 20 image comprises at least one facial feature; means for providing a 30
`
`virtual model of at least part of the patient's oral cavity; means for arranging at least one of the one or more 20
`
`images relative to the 30 virtual model in a virtual 30 space such that the 20 image and the 30 virtual model are
`
`aligned when viewed from a viewpoint, whereby the 30 virtual model and the 20 image are both visualized in the 30
`
`space; and means for modeling a restoration on the 30 virtual model, where the restoration is designed to fit the
`
`facial feature of the at least one 20 image.
`
`(designed to fit is essentially such that)
`
`121. The method according to claim 110, wherein the 20 image and the 30 virtual model are aligned by means of
`
`scaling, translating and/or rotating the 20 image and/or the 30 model relative to each other.
`
`125. The method according to claim 110, wherein the alignment of the 30 model and one or more 20 images for one
`
`or more perspective views is performed by means of interpolation and/or extrapolation of other perspective views.
`
`0824
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`

`

`Application/Control Number: 13/807,443
`Art Unit: 2128
`
`Page 4
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`6.
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections
`
`Claim Rejections - 35 USC§ 1021103
`
`set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102
`of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject
`matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art
`to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
`
`7.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are
`
`applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized:
`
`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.
`
`8.
`
`This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35
`
`U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time
`
`any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the
`
`obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly
`
`owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35
`
`U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (0 or (g) prior art under pre-AIA 35 U.S.C. 103(a).
`
`9.
`
`Claims 110-124, 126-138 are rejected under pre-AIA 35 U.S.C. 103(a) as obvious over Malfliet (WO
`
`2008/128700) in view of the taking of official notice regarding standard practices in the art, & the foreign search
`report (IDS 6/3/2013).
`
`110. A method of designing a dental restoration for a patient, wherein the method comprises:
`
`providing a 20 image, where it comprises one facial feature;
`
`(p. 2 llne 15 top. 3 line 19, p. 4 line 31 top. 7 line 13, p. 7 line 19 top. 8 line 16, p. 9 line 8-20, p. 15 line 4 top. 16 line
`
`12, p. 17 line 21-31, p.181ine14 top. 19 line 10, all figures. This is common technical knowledge for a skilled artisan,
`
`official notice is taken to that effect. It would have been obvious to a person of ordinary skill in the art at the time of
`
`the invention to practice the claimed invention because it is recognized that a skilled artisan uses known elements for
`
`their known purpose. In this case, Applicant has used known elements (standard practices in the art for their intended
`
`purpose and has not demonstrated that any new function or result is obtained. KSR; Leapfrog Enterprises, Inc. v.
`
`Fisher-Price, Inc., 485 F.3d 1157, 82USPQ1687 (Fed. Cir. 2007))
`
`providing a 30 virtual model of at least part of the patient's oral cavity;
`
`(p. 2 llne 15 top. 3 line 19, p. 4 line 31 top. 7 line 13, p. 7 line 19 top. 8 line 16, p. 9 line 8-20, p. 15 line 4 top. 16 line
`
`12, p. 17 line 21