`
`
`ATTORNEY DOCKET NO.
`
`TRANSMITTAL LETTER TO THE UNITED STATES
`
`0079124-000111
`
`DESIGNATED/ELECTED OFFICE (DOIEOIUS)
`U.S. APPLICATION No. (If known)
`CONCERNING A SUBMISSION UNDER 35 U.S.C. 371
` Unassigned
`INTERNATIONAL APPLICATION NO.
`INTERNATIONAL FILING DATE
`PRIORITY DATE CLAIMED
`
`PCT/EP2014/052842 13 February 2013 13 February 2014
`
`TITLE OF INVENTION
`FOCUS SCANNING APPARATUS RECORDING COLOR
`FIRST NAMED INVENTOR
`Bo ESBECH et al.
`
`
`
`
`
`
`
`Applicant herewith submits to the United States Designated/Elected Office (DOIEOIUS) the following items and other information.
`
`1.
`
`2.
`
`3.
`
`[:1 This is an express request to begin national examination procedures (35 U.S.C. 371(0). NOTE: The express request under 35 U.S.C.
`371(f) will not be effective unless the requirements under 35 U.S.C. 371(c)(1). (2), and (4) for payment of the basic national fee. copy
`of the International Application and English translation thereof (it required), and the oath or declaration of the inventor(s) have been
`received.
`
`[:1 A copy ofthe International Application (35 U.S.C. 371(c)(2)) is attached hereto (not required if the International Application was
`previously communicated by the International Bureau or was filed in the United States Receiving Office (RO/US)).
`
`An English language translation ofthe International Application (35 U.S.C. 371(c)(2))
`
`a. X is attached hereto.
`
`b.
`
`[:1 has been previously submitted under 35 U.S.C. 154(d)(4).
`
`4.
`
`An oath or declaration of the inventor(s) (35 U.S.C. 371(c)(4))
`
`a.
`
`[:1 is attached.
`
`b. E! was previously filed in the international phase under PCT Rule 4.17(Iv).
`
`Items 5 to 8 below concern amendments made in the international phase.
`PCT Article 19 and 34 amendments
`
`5. El Amendments to the claims under PCT Article 19 are attached (not required if communicated by the International Bureau) (35 U.S.C.
`371(c)(3)).
`
`6. El English translation of the PCT Article 19 amendment is attached (35 U.S.C. 371(c)(3)).
`
`7. [:l English translation of annexes (Article 19 and/or 34 amendments only) ofthe International Preliminary Examination Report is
`attached (35 U.S.C. 371(c)(5)).
`
`Cancellation of amendments made in the international phase
`
`8a. El Do not enter the amendment made in the international phase under PCT Article 19.
`
`8b. I:| Do not enter the amendment made In the international phase under PCT Article 34.
`
`NOTE: A proper amendment made in English under Article 19 or 84 will be entered in the US. national phase application absent a clear
`instruction from applicant not to enter the amendment(s).
`
`The following items 9 to 17 concern a document(s) or information included.
`
`9.
`
`[Z An Information Disclosure Statement under 37 CFR 1.97 and 1.98.
`
`10.
`
`A preliminary amendment
`
`11.
`
`[Z An Application Data Sheet under 37 CFR 1.76.
`
`12. E] A substitute specification. NOTE: A substitute specification cannot include claims. See 37 CFR 1.125(b).
`
`13. El A power of attorney and/or change of address letter.
`
`14. El A computer-readable form of the sequence listing in accordance with PCT Rule 18ter.3 and 37 CFR 1.821-1.825.
`
`15. El Assignment papers (coversheet and document(s)). Name ofAssignee : SShape AIS.
`16. CI 37 CFR 3.73(c) Statement (when there is an Assignee).
`
`Align EX. 1002 (Part 1 of 3)
`
`US. Patent No. 9,962,244
`
`[Page 1 of 3]
`
`0001
`
`Align Ex. 1002 (Part 1 of 3)
`U.S. Patent No. 9,962,244
`
`0001
`
`

`

`
`
`
`ATTORNEY DOCKET NO.
`
`INTERNATIONAL APPLICATION NO.
`UTS. APPLICATION NO. (If known)
`0079124-000111
`PCT/EP2014/052842
`Unassigned
`
`
`
`
`17. [X] Other items or Information:
`
`General Authorization for Petitions for Extensions of Time and Payment of Fees
`Form PCT/lB/301
`Form PCT/IB/304
`Form PCT/IBI308 (First Notice)
`Form PCT/IBI308 (Second Notice)
`Form PCT/ISA/210
`
`The following fees have been submitted.
`
`CALCULATIONSPTO USE ONLY
`
`18.
`
`Basic national fee (37 CFR 1.492(a)) .............................................................. (1681)
`
`$280
`
`$
`
`280.00
`
`
`
`
`
`19. IE Examination fee (37 CFR 1.492(c))
`Ifthe written opinion prepared by ISA/US or the International preliminary
`examination report prepared by lPEA/US indicates all claims satisfy provisions of
`PCT Article 33(1)-(4) ....................................................................................... (1643)
`All other sltuatlons............................................................................................ (1633)
`
`20. K‘ Search fee (37 CFR 1.492(b))
`If the written opinion prepared by ISA/US or the International preliminary
`examination report prepared by IPEA/US indicates all claims satisfy provisions of
`PCT Article 33(1)-(4) ....................................................................................... (1640)
`Search fee (37 CFR 1.445(a)(2)) has been paid on the international application to
`the USPTO as an International Searching Authority ........................................ (1641)
`International Search Report prepared by an ISA other than the US and provided to
`the Office or previously communicated to the US by the IB ............................. (1642)
`All other situations............................................................................................ (1632)
`
`$0
`$720
`
`$0
`
`$120
`
`$480
`$600
`
`TOTAL OF18, 19 and 20 =
`
`E Additional fee for specification and drawings filed in paper over 100 sheets
`(excluding sequence listing in compliance with 37 CFR 1.821 (c) or (e) in an
`electronic medium or computer program listing in an electronic medium)
`(37 CFR 1.492(1)).
`Fee for each additional 50 sheets of paper or fraction thereof .......................(1681)
`
`Total Sheets
`
`Extra sheets
`
`Number of each additional 50 or fraction
`thereof (round up to a whole number)
`
`$400
`
`RATE
`
`Surcharge of $140.00 for furnishing any ofthe search fee, examination fee, or the oath or declaration
`after the date of commencement of the national stage (37 CFR 1.492(h)).
`CLAIMS
`-
`NUMBER FILED
`NUMBER EXTRA
`
`RATE
`
`2 -- x $420 (1614)
`Independent Claims
`MULTIPLE DEPENDENT CLAIM s ifaulicable
`+ $730 1616
`Processing fee of $140.00 (1618) for furnlshlng the English translation later than 30 months from the
`earliest claimed oriority date 37 CFR 1.492(0).
`+
`TOTAL OF ABOVE CALCULATIONS =
`
`$
`
`720.00
`
`$
`
`1
`
`480.00
`
`1 480.00
`
`$
`
`140.00
`
`880.00
`
`b
`
`2,500.00
`$
`
`1:] Applicant asserts small entity status. See 37 CFR 1.27. Fees above are reduced by 1A.
`D Applicant certifies micro entity status. See 37 CFR 1.29. Fees above are reduced by 3A.
`An Iicant must attach form PTO/SB/15A or B or e-uivalent.
`
`2,500.00
`3
`Amount to be
`refunded:
`Amount to be
`charged:
`
`Fee for recording the enclosed assignment (37 CFR 1.21(h)). The assignment must be accompanied
`by an appropriate cover sheet (37 CFR 3.28. 3.31). $40.00 per pro-arty
`+
`TOTAL FEES ENCLOSED =
`
`TOTAL NATIONAL FEE =
`
`$
`
`2,500.00
`
`Page 2 of 3
`
`0002
`
`0002
`
`

`

`
`
`a. D A check in the amount of $__ to cover the above fees is enclosed.
`
`b.
`
`0.
`
`[:1 Please charge my Deposit Account No. 02-4800 in the amount of $_ to cover the above fees.
`
`The Director is hereby authorized to charge additional fees which may be required, or credit any overpayment, to Deposit Account
`No. 02-4800 as follows:
`
`K4
`
`any required fee
`
`El any required fee except for excess claims fees required under 37 CFR 1.492(d) and (e) and multiple dependent claim fee
`required under 37 CFR 1.492(f).
`
`Fees are to be charged to a credit card. WARNING: Information on this form may become public. Credit card information should
`not be included on this form. Provide credit card information and authorization on PTO-2088. The PTO-2038 should only be
`mailed orfaxed to the USPTO. However, when paying the basic national fee, the PTO-2038 may NOT be faxed to the USPTO.
`
`ADVISORY: If filing by EFS-Web, do NOT attach the PTO—2038 form as a PDF along with your EFS-Web submission. Please be
`advised that this is not recommended and by doing so your credit card information may be displayed via PAIR, To protect
`your information. it is recommended to pay fees online by using the electronic payment method.
`
`NOTE: Where an appropriate time limit under 37 CFR 1.495 has not been met, a petition to revive (37 CFR 1.137(a) or (b)) must be
`filed andgranted to restore the International Application to pending status.
`Statement under 37 CFR 1. 55 or 1.78 for AIA (First Inventor to File)Transition Applications
`D This application (I)c)laims priority to or the benefit of an applicationIfiled before March 16, 2013, and (2) also contains, or contained at
`any time, a claim to a claimed invention that has an effective filing date on or after March 16 2013.
`
`NOTE 1: By providing this statement under 37 CFR 1.55 or 1.78, this application, with a filing date on or after March 16, 2013, will be
`examined under the first inventor to file
`rovisions of the AIA.
`
`NOTE 2: A US. national stage application may not claim priority to the international application of which it is the national phase. The filing
`date ofa U.S. national stage application is the international filing date. See 35 U.S.C. 363
`
`Correspondence Address
`
`VThe address associated with Customer Number 21__8___39
`
`OR
`
`I: Correspondence address below
`
`Buchanan lngersoll & Rooney PC
`
`
`
`__-m
`
`E_ai|
`
`
`
`5:9.bo o~Q
`I
`Trams D' Boone
`
`Name
`(Print/Type)
`
`
`
`,
`
`Registration No.
`(Attorn ey/Agent)
`
`5263 5
`
`
`
`
`
`[Page 3 of 3]
`
`0003
`
`0003
`
`

`

`
`
`Attorney Docket No. 0079124-000111
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`in re PatentApplication of
`
`Bo ESBECH et al.
`
`Application No.: Unassigned
`
`Filed:
`
`July 28, 2015
`
`For:
`
`FOCUS SCANNING APPARATUS
`RECORDING COLOR
`
`vvvvvvvvvvvv
`
`Group Art Unit: Unassigned
`
`Confirmation No.2 Unassigned
`
`GENERAL AUTHORIZATION FOR PETITIONS
`FOR EXTENSIONS OF TIME AND PAYMENT OF FEES
`
`Commissioner for Patents
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`Commissioner:
`
`in accordance with 37 C.F.R. § 1.136(a)(3), the US. Patent and Trademark Office is
`hereby provided with a general authorization to treat any concurrent or future reply requiring a
`petition for an extension of time for its timely submission as containing a request therefor for the
`appropriate length of time.
`
`The Commissioner is hereby authorized to charge any appropriate fees that may be
`required by this paper, or any other submissions in this application, and to credit any
`overpayment, to Deposit Account No. 02-4800.
`
`Respectfully submitted,
`
`BUCHANAN INGERSOLL & ROONEY PC
`
`Date:
`
`July 28 2015
`
`Customer Number 21839
`703.836.6620
`
`By:
`
`"519%“
`Travis D. Boone
`
`Registration No. 52635
`
`Buchanan Ingersoll A. Rooney PC
`Attorneys ll Government Relations Professionals
`
`0004
`
`0004
`
`

`

`
`
`PTO/AlA/82A (07-12)
`Approved for use through 11/30/2014. OMB 065143035
`US. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`
`TRANSMITTAL FOR POWER OF ATTORNEY TO ONE OR MORE
`REGISTERED PRACTITIONERS
`
`NOTE: This form is to be submitted with the Power of Attorney by Applicant form (PTO/AIA/828 or equivalent) to identify the
`application to which the Power ofAttorney is directed, in accordance with 37 CFR 1.5.
`lfthe Powar of Attorney by Applicant for
`is not accompanied by this transmittal form or an equivalent, the Power of Attorney will not be recognized in the application.
`
`SIGNATURE of Applicant or Patent Practitioner
`
`Signature
`
`(5)9. Boat
`
`Date
`
`JUIV 28, 2015
`
`Telephone
`
`(703) 836—6620
`
`*Total of ONEill form is submitted.
`
`
`
`
`
`Name
`
`Travis D. Boone
`
`Registration Number 52635
`
`NOTE: This form must be signed in accordance with 37 CFR 1.33. See 37 CFR 1.4(d) for signature requirements and certifications.
`
`This collection of information is required by 37 CFR 1.31, 1.32 and 1.33. The information is requlred to obtain or retain a benefit by the public which Is to file (and
`by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 3 minutes
`to complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any
`comments on the amount of time you require to complete this form and/or suggestions for reducing this burden. should be sent to the Chief Information Officer,
`US. Patent and Trademark Office, US. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS
`TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`
`If you need assistance in completing the form, call 1-800—PTO—9 199 and select option 2.
`
`0005
`
`0005
`
`

`

`
`
`ProrAtAtczc 07-13)
`"
`.
`Doc Code: PA
`Approved toruse lthUflh “mom“, OMB 005(10051 _
`Document DBEOF‘PNOH. Power Of Atlomey
`U.S. Patent and Trademark Ottice; U.8. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction/tot oi 1096, no persons are required to respond to a cottootlonot Intormatlon unteaa It displayc a valid OMB control number
`
`'
`
`.
`
`POWER‘OF ATTORNEY BY APPLICANT
`-
`I hereby revoke all previous powers of attorney given in the application Identified in either the attached transmittal letter or
`the boxes below.
`
`Application Numtmr
`
`.
`
`Filing Date
`
`
`
`.
`
`
`
`
`
`
`
`
`
`(Note: The boxes above may be lett blank It information is provided on form PTO/AWBQA.)
`i hereby appoint the Patent Practitioner(a) asaoolatod with the following Customer Number on my/our altorneyte) or agentteg. and
`to transact all business in the United States Patent and Trademark Ottioo connected therewith tor the application reference
`In
`the attached transmittal letter (form PTO/AlA/82A) or identified above'6.
`_
`21839
`OR
`,
`.
`
`
`I hereby appoint Practitionarts) named in the attached list (form PTO/AiA/tteC) as my/our attorneyro) or anentt9,2 and to transact
`E]
`
`
`all business In the United States Patent and Trademark Otttce connected therewith for the patent epptlcat on re orenoeci in the
`attached transmittal icttcr (term PTO/AWBQA) or ldenllttad above. (Note: Complete torm PTO/AlA/BZO.)
`‘
`-
`
` Please recognize or change the correspondence address for the application identified in the attached transmittal
`
`
`letter or the boxes above to:
`
`
`The addreee‘ eaaootated with tho abovo-mentioned Cuatorner Number
`OR
`
`
`
`—____
`
`
`_wept... —_
`
`l emtheApplicant (itthe Applicant isniurtotioentity, listtheApplicantname in thebox):_
`
`BShape A/S
`.-
`-
`
`
`Inventor or Joint inventor (title not required below)
`'Legal Representative at e Deceased or Legally incapacitated inventor (tltt not required below)
`Aaalgnoe or Person to Whom the inventor is Under an Obligation to Aaatg (provide signera titleit applicant to c iuriatto entity)
`
`
`‘ [3 Person Who Otherwie» S owa Sutttoient Proprietaryinterest (a.9., a petition under 37 CPR 1.46th)(2) was granted in the
`a ItIoatlon or to acne rr.tfll bcin. tiled with this document
`rovide ci-ne‘a title If a
`itoant is a uriotlo entit
`mull—m—
`
`
`_illlmm‘_"
`
`
`_ILVNI-_I_IW
`
`
`—Mtit_lu
`
`
`IIIIe
`’t..astIapeA/s I“
`
`
`I Signature ~ This to must he signed by the applicant in accordance with 37 F 1.33. See 37 OFR 1.410rsignaiuro requirémentc
`'
`and certifications. limorei an one a pitcani, use tnultt
`to terms.
`
`DToial of
`forms are submitted.
`I
`
`to 00chcat on or ntormct on a run0 red 1:57 CFR . 5.312 and 15:1. The informal on a requtradto 0- din o retain a benefit by tho pttbtlowhtclr a to it o (and by the
`UBPTO to pronoun) an application. Confldflnllfllllyll govornad try or US.0 122 end 37 cm iit.und 114. TM collection to antimatad 0 take 3 minutes to compttifir
`includinn gaihurtnq. preparing. and submitting the completed application tuInIto tlIo USPTO. Time will vary do o ding upon the individual case. Any comments on the amount
`ortlmoyourequiretocompletethistermand/ornuugcritonricrrdducinuthisburden ahoIItdbetenttotheOhojlntormnltonOttiocr.U.9.PatentandTrademarkUittcc.U.S.
`
`VA 223181460. DO NOT 813th FEES 0R COMPLETE FORMS TO THIS ADDRESS. SEND TOI Oomrnilaipnor
`"Department 01 Commerce, P.O. Box 1460 Alexnn
`for t’ntontc, P.0. Box 1450.AIomdnrA/A 22mI'IIIIo.
`ilycu need assistance In comptoting tho lorm. anti 1-cocpro-01 9 and Ira/eat option 2.
`
`I: ThRo address associatedwith CudtomerNumber. I
`
`l
`
`'
`
`Individual Name
`
`E
`
`l
`
`0006
`
`0006
`
`

`

`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Attorney’s Docket No. 0079124—0001 11
`
`Patent
`
`Group Art Unit: Unassigned
`
`Confirmation No.2 Unassigned
`
`) ) i
`
`) ) ) )
`
`;
`
`In re Patent Application of
`
`Bo ESBECH et al.
`
`Application No.: Unassigned
`
`Fiied:
`
`July 28, 2015
`
`For:
`
`FOCUS SCANNING APPARATUS
`
`RECORDING COLOR
`
`PRELIMINARY AMENDMENT
`
`Commissioner for Patents
`PO. Box 1450
`
`Alexandria, VA 22313—1450
`
`Commissioner:
`
`Prior to examination of the above-captioned patent application, kindly amend the
`
`application as follows.
`
`0007
`
`0007
`
`

`

`
`
`AMENDMENTS TO THE SPECIFICATION:
`
`Please replace the original specification with the attached substitute specification.
`
`Please find attached:
`
`- Marked-Up Copy of substitute specification
`
`- Clean Copy of substitute specification.
`
`No new matter has been added.
`
`0008
`
`0008
`
`

`

`
`
`
`
`Attorney’s Docket No. 0079124-000111
`Application No. Unassigned
`Page 3
`
`AMENDMENTS TO THE CLAIMS:
`
`The following listing of claims will replace all prior versions and listings of claims in this
`
`application.
`
`LISTING OF CLAIMS:
`
`1.
`
`
`(Currently Amended) A focus scanner system for recording surface geometry
`
`and surface color of an object, the focus scanner system comprising:
`
`[H] a multichromatic light source configured for providing a multichromatic probe light
`
`for illumination of the object,
`
`[H] a color image sensor comprising an array of image sensor pixels for capturing one
`
`or more 2D images of light received from said object, anal
`
`
`
`where—theseaaaeesystem—is—a—wherein the focus scanner system is configured to
`
`operate operating by translating a focus plane along an optical axis of the focus scanner system
`
`and capturing a series of the 2D images each 2D image of the series is at a different focus
`
`plane @sitifl pesitiens such that each miseries of captured 2D images forms a stack of 2D
`
`imagesgapg
`
`a data processing system configured to derive surface geometry information for a block
`
`of said image sensor pixels from the 2D images in the stack of 2D images captured by said
`
`color image sensor, the data processing system also configured to derive surface color
`
`information for the block of said image sensor pixels from at least one of the 2D images used to
`
`derive the surface geometry information.
`
`0009
`
`0009
`
`

`

`
`
`
`
`Attorney‘s Docket No. 0079124-000111
`Application No. Unassigned
`Page 4
`
`2.
`
`(Currently Amended) The focus scanner system according to claim 1, wherein
`
`the data processing system is configured for generating a sub-scan of a part of the object
`
`surface based on surface geometry information and surface color information derived from a
`
`plurality of blocks of image sensor pixels.
`
`3.
`
`(Currently Amended) The focus scannersystem according to claim 1 er—2,
`
`wherein the data processing system is configured for combining a number of sub—scans to
`
`generate a digital 3D representation of the object.
`
`4.
`
`(Currently Amended) The focus scannersystem according to claim 1 any—af—the
`
`preeeding—elaims where the scanner system comprises a pattern generating element
`
`configured for incorporating a spatial pattern in said probe light.
`
`5.
`
`(Currently Amended) The Eggs scanner system according to glam anyefthe
`
`preseding—elams where deriving the surface geometry information and surface color
`
`information comprises calculating for several 2D images a correlation measure between the
`
`portion of the 2D image captured by said block of image sensor pixels and a weight function,
`
`where the weight function is determined based on information of the configuration of the spatial
`
`pattern.
`
`6.
`
`(Currently Amended) The focus scanner system according to the—preseding claim
`
`Q, wherein deriving the surface geometry information and the surface color information for a
`
`block of image sensor pixels comprises identifying the position along the optical axis at which
`
`the corresponding correlation measure has a maximum value.
`
`0010
`
`0010
`
`

`

`
`
`
`
`Attorney's Docket No. 0079124-000111
`Application No. Unassigned
`Page 5
`
`7.
`
`
`(Currently Amended) The focus scanner system according to claim 7498 g,
`
`wherein generating a sub—scan comprises determining a correlation measure function
`
`describing the variation of the correlation measure along the optical axis for each block of image
`
`sensor pixels and identifying the position along the optical axis at which the correlation measure
`
`functions have their maximum value for the block.
`
`8.
`
`(Currently Amended) The focus scanner system according to claim Z sir—8, where
`
`the maximum correlation measure value is the highest calculated correlation measure value for
`
`the block of image sensor pixels and/or the highest maximum value of the correlation measure
`
`function for the block of image sensor pixels.
`
`9.
`
`(Currently Amended) The focus scanner system according to claim 6 any-sf
`
`slaimsétsé), wherein the data processing system is configured for determining a sub-scan
`
`color for a point on a generated sub-scan based on the surface color information of the 2D
`
`image in the series in which the correlation measure has its maximum value for the
`
`corresponding block of image sensor pixels.
`
`10.
`
`(Currently Amended) The focus scanner system according to thepreeedmg claim
`
`9, wherein the data processing system is configured for deriving the sub-scan color for a point
`
`on a generated sub-scan based on the surface color information of the 2D images in the series
`
`in which the correlation measure has its maximum value for the corresponding block of image
`
`sensor pixels and on at least one additional 2D imagersuenaseeeighberimD—image—frem
`
`theseriesef—eaptureetZDmtages.
`
`0011
`
`0011
`
`

`

`
`
`Attorney’s Docket No. 0079124-000111
`Application No. Unassigned
`Page 6
`
`11.
`
`(Currently Amended) The focus scanner system according to thepreeeding claim
`
`1_0, where the data processing system is configured for interpolating surface color information of
`
`at least two 2D images in a series when determining the sub-scan color, such as an
`
`interpolation of surface color information of neighboring 2D images in a series.
`
`12.
`
`(Currently Amended) The focus scanner system according to claim 10 any—9f
`
`Gimme—104944, wherein the data processing system is configured for computing an averaged
`
`sub-scan color for a number of points of the sub—scan, where the computing comprises an
`
`averaging of sub~scan colors of different pointsTsuch—as—a—weighteei—aymagieg—ef-theeelersef
`
`13.
`
`(Currently Amended) The fogs scanner system according to Lain); any—ef—the
`
`preeedingslainm, where the data processing system is configured for determining object color
`
`for a least one point of the generated digital 3D representation of the object from sub—scan color
`
`of the sub-scans combined to generate the digital 3D representation, such that the digital 3D
`
`representation expresses both geometry and color profile of the object.
`
`14.
`
`(Currently Amended) The focus scanner system according to thepreyieus claim
`
`3, wherein determining the object color comprises computing a weighted average of sub-scan
`
`color values derived for corresponding points in overlapping sub-scans at that point of the object
`
`surface.
`
`15.
`
`(Currently Amended) The focus scanner system according to claim 1 anyLef-the
`
`preyiees—elaims, wherein the data processing system is configured for detecting saturated pixels
`
`0012
`
`0012
`
`

`

`
`
`Attorney's Docket No. 0079124—0001 11
`Application No. Unassigned
`Page 7
`
`in the captured 2D images and for mitigating or removing the error in the derived surface color
`
`information or the sub~scan color caused by the pixel saturation.
`
`16,
`
`
`(Currently Amended) The focus scanner system according to thepreyieas claim
`
`fl; wherein the error caused by the saturated pixel is mitigated or removed by assigning a low
`
`weight to the surface color information of the saturated pixel in the computing of the smoothed
`
`sub-scan color and/or by assigning a low weight to the sub-scan color computed based on the
`
`saturated pixel.
`
`17.
`
`
`(Currently Amended) The focus scanner system according to claim 1 any—ef—the
`
`presedmgdaims, wherein the data processing system is configured for comparing the derived
`
`surface color information of sections of the captured 2D images and/or of the generated sub-
`
`scans of the object with predetermined color ranges for teeth and for oral tissue, and for
`
`suppressing the red component of the derived surface color information or sub-scan color for
`
`sections where the color is not in one of the two predetermined color ranges.
`
`18‘
`
`(Currently Amended) The focus scanner system according to claim 1, any—ef—the
`
`preeeelingclaims where the color image sensor comprises a color filter array comprising at least
`
`three types of colors filters, each allowing light in a known wavelength range, W1, W2, and W3
`
`respectively, to propagate through the color filter.
`
`19.
`
`(Currently Amended) The focus scanner system according to claim 1, anyef—the
`
`preseemgclaims where the surface geometry information is derived from light in a selected
`
`wavelength range of the spectrum provided by the multichromatic light source.
`
`0013
`
`0013
`
`

`

`
`
`Attorney’s Docket No. 0079124—000111
`Application No. Unassigned
`Page 8
`
`20.
`
`
`(Currently Amended) The focus scanner system according to thepreeeding claim
`
`1g, where the color filter array is such that the proportion of the image sensor pixels of the color
`
`image sensor with color filters that match the selected wavelength range of the Spectrum is
`
` larger than 50%
`
`21.
`
`(Currently Amended) The focus scanner system according to claim 19 era—20,
`
`wherein the selected wavelength range matches the W2 wavelength range.
`
`22.
`
`
`(Currently Amended) The focus scanner system according to claim 19 anyef
`
`claims—194924, wherein the color filter array comprises a plurality of cells of 6x6 color filters,
`
`where the color filters in positions (2,2) and (5,5) of each cell are of the W1 type, the color filters
`
`in positions (2,5) and (5,2) are of the W3 type.
`
`23.
`
`
`(Currently Amended) The focus scanner system according to the—preceding claim
`
`22, where the remaining 32 color filters in the 6x6 cell are of the W2 type.
`
`24.
`
`
`(Currently Amended) The focus scanner according to theereseeling claim Q,
`
`where the pattern generating element is configured to provide that the spatial pattern comprises
`
`alternating dark and bright regions arranged in a checkerboard pattern.
`
`25.
`
`
`(Currently Amended) A focus scanner systemr for recording surface geometry
`
`and surface color of an object. the focus scannersystem comprising:
`
`a multichromatic light source configured for providing a multichromatic probe light, and
`
`a color image sensor comprising an array of image sensor pixels for capturing one or
`
`more 2D images of light received from said object,
`
`0014
`
`0014
`
`

`

`
`
`
`
`Attorney’s Docket No. 0079124-000111
`Application No. Unassigned
`Page 9
`
`where at least for a block of said image sensor pixels, both surface color information and
`
`surface geometry information of a part of the object are derived at least partly from one 2D
`
`image captured by said color image sensor.
`
`26.
`
`(Currently Amended) A method of recording surface geometry and surface color
`
`of an object, the method comprising:
`
`
`obtaining a focus scanner system according to claim 1 any—efthe—previeus—slaims;
`
`illuminating the surface of said object with multichromatic probe light from said
`
`multichromatic light source;
`
`capturing a series of 2D images of said object using said color image sensor; and
`
`deriving both surface geometry information and surface color information for a block of
`
`image sensor pixels at least partly from one captured 2D image.
`
`27.
`
`(New) The focus scanner according to claim 1, wherein the same series of 20
`
`images is taken from one pass of the focus scanner along the optical axis.
`
`28.
`
`(New) The focus scanner according to claim 1, wherein the multichromatic light
`
`source, the color image sensor, and at least a portion of the data processing system are
`
`included in a hand held unit.
`
`29.
`
`(New) The focus scanner according to claim 19, where the color filter array is
`
`such that the proportion of the image sensor pixels of the color image sensor with color filters
`
`that match the selected wavelength range of the spectrum has a proportion that equals 32/36,
`
`60/64 or 96/100.
`
`0015
`
`0015
`
`

`

`
`
`
`
`Attorney’s Docket No. 0079124-000111
`Application No. Unassigned
`Page 10
`
`30.
`
`(New) The focus scanner according to claim 10, wherein said at least one
`
`additional 2D image comprises a neighboring 2D image from the series of captured 2D images.
`
`31.
`
`(New) The focus scanner according to claim 12, wherein the averaging of sub~
`
`scan colors of different points comprises a weighted averaging of the colors of the surrounding
`
`points on the sub-scan.
`
`0016
`
`0016
`
`

`

`
`
`Attorney’s Docket No. 0079124-000111
`Application No. Unassigned
`Page 11
`
`REMARKS
`
`By way of the foregoing amendment, the claims have been amended to delete multiple
`
`dependencies, and to otherwise conform with conventional U.S. format. No new matter has
`
`been introduced by these changes. It is to be understood that applicants reserve the right to
`
`submit additional claims within thescope of the original claims or supported by the specification.
`
`it is requested that the application be examined on the basis of the amendments
`
`presented herein. Early and favorable consideration of this application is respectfully requested.
`
`Should any questions arise in connection with this application. it is respectfully requested
`
`that the undersigned be contacted at the number indicated below.
`
`Respectfully submitted,
`
`BUCHANAN INGERSOLL & ROONEY PC
`
`By:
`
`/Travis D. Boone/
`Travis D. Boone
`
`Registration No. 52635
`
`Date: July 28, 2015
`
`Customer No. 21839
`
`(703) 836-6620
`
`0017
`
`0017
`
`

`

`SUBSTITUTE SPECIFICATION
`CLEAN COPY
`
`Attorney Docket NO. 0079124-000111
`
`FOCUS SCANNING APPARATUS RECORDING COLOR
`
`Field of the application
`
`The application relates to three dimensional (3D) scanning of the surface geometry
`
`and surface color of objects. A particular application is within dentistry, particularly
`
`for intraoral scanning.
`
`Background
`
`10
`
`15
`
`20
`
`25
`
`30
`
`3D scanners are widely known from the art, and so are intraoral dental 3D scanners
`
`(e.g., Sirona Cerec, Cadent Itero, 38hape TRIOS).
`
`The ability to record surface color is useful in many applications. For example in
`
`dentistry, the user can differentiate types of tissue or detect existing restorations.
`
`For example in materials inspection, the user can detect surface abnormalities such
`
`as crystallization defects or discoloring. None of the above is generally possible
`
`from surface geometry information alone.
`
`W02010145669 mentions the possibility of recording color.
`
`In particular, several
`
`sequential images, each taken for an illumination in a different color - typically blue,
`
`green, and red - are combined to form a synthetic color image. This approach
`
`hence requires means to change light source color,
`
`such as color
`
`filters.
`
`Furthermore, in handheld use, the scanner will move relative to the scanned object
`
`during the illumination sequence, reducing the quality of the synthetic color image.
`
`Also US7698068 and U88102538 (Cadent Inc.) describe an intraoral scanner that
`
`records both geometry data and texture data with one or more image sensor(s).
`
`However, there is a slight delay between the color and the geometry recording,
`
`respectively. US7698068 requires sequential illumination in different colors to form
`
`a synthetic image, while US8102538 mentions white light as a possibility, however
`
`0018
`
`0018
`
`

`

`SUBSTITUTE SPECIFICATION
`CLEAN COPY
`
`Attorney Docket No. 0079124-000111
`
`from a second illumination source or recorded by a second image sensor, the first
`
`set being used for recording the geometry.
`
`WO2012083967 discloses a scanner for recording geometry data and texture data
`
`with two separate cameras. While the first camera has a relatively shallow depth of
`
`field as to provide focus scanning based on multiple images, the second camera
`
`has a relatively large depth of field as to provide color texture information from a
`
`single image.
`
`Color-recording scanning confocal microscopes are also known from the prior art
`
`(e.g., Keyence VK9700; see also JP2004029373). A white light illumination system
`
`along with a color image sensor is used for recording 2D texture, while a laser beam
`
`forms a dot that
`
`is scanned,
`
`i.e., moved over the surfa