From:
`Sent:
`To:
`
`Cc:
`Subject:
`
`Evan Pearson <Evan_Pearson@txwd.uscourts.gov>
`Thursday, August 19, 2021 6:24 PM
`amy.gore@bartlitbeck.com; faye.paul@bartlitbeck.com;
`jason.murray@bartlitbeck.com; john.hughes@bartlit-beck.com;
`joseph.smith@bartlitbeck.com; mark.levine@bartlitbeck.com;
`matthew.ford@bartlitbeck.com; meg.fasulo@bartlitbeck.com;
`rob.addy@bartlitbeck.com; bshelton@sheltoncoburn.com; Spone, Ana; Petrik,
`Brittanee L.; Cannon, Bryan J.; Liu, Frank D.; Len, Gregory D.; Tawresey, Gwendolyn;
`Coghill, Kimberly E.; max@ciccarellilawfirm.com; Belanger, William D.
`Kristie Davis
`Preliminary Constructions for Align Technology, Inc. v. 3Shape A/S et al - 6:20-cv-979
`
`EXTERNAL SENDER
`
`Counsel,
`
`The Court provides the following preliminary constructions in advance of your 8/20/2021 9:00 AM Markman
`hearing. The purpose of preliminary constructions is to streamline the hearing by providing the parties an
`indication of the Court’s current position for each term. Although the parties are, of course, free to argue for
`their originally proposed construction, it is generally unlikely that the Court will select a party’s originally
`proposed construction over the preliminary construction. As such, the Court believes that making arguments to
`fine-tune the preliminary construction may be more helpful. The preliminary constructions are not final as the
`Court may change some those constructions based on the arguments at the hearing.
`
`
`Of the below terms, please let me know what terms each side would like to argue by 8:00 AM on
`8/20/2021. Each side may email their list separately (but please CC the other side) or jointly (please indicate
`which side, or both, wants to argue each term). Also, by 8:00 AM, please submit any slides the parties (and CC
`the other side) wish to use at the Markman hearing.
`
`
`To assist the court reporter (CC-ed), please email them a copy of your slides as soon as possible (it’s okay if it’s
`just a draft). When you email them, no need to CC the other side or the Court.
`
`See you tomorrow.
`
`Align Patents:
`
`*For the Issue A terms below, the Court will hear argument on whether color data and depth data must be
`obtained independently of one another. Thus, the preliminary constructions for the Issue A terms resolve the
`secondary disputes, but do not resolve the primary “obtained independently” dispute.
`
`
`Term
`
`Align’s Proposed
`Construction
`
`3Shape’s Proposed
`Construction
`
`Court’s Preliminary
`Construction
`
`1
`
`3SHAPE 1039 3Shape v Align IPR2021-01383
`
`

`

`[A.1] “depth data”
`
`’433 patent, claims 1, 2,
`12, 13, 16
`’519 patent, claims 1, 6,
`13, 21, 24
`’151 patent, claims 1, 10,
`18, 25
`’152 patent, claims 1, 9,
`16, 23
`[A.2] “scanning system
`configured to provide
`depth data of (said/the)
`portion”
`
`’519 patent, claims 1
`
`[A.3] “imaging system
`configured to provide
`(two-dimensional) color
`image data of (said/the)
`portion”
`
`’519 patent, claims 1, 13,
`24
`
`[A.4] “image gathering
`member to generate
`depth data of the
`structure portion”
`’433 patent, claims 1, 12,
`
`
`Plain and ordinary
`meaning, which is “data
`related to the three-
`dimensional properties
`of the scanned object
`
`“3D surface points
`obtained independently
`of the color data”
`
`Plain and ordinary
`meaning
`
`[No preliminary
`construction provided]
`
`Plain and ordinary
`meaning
`
`Not subject to §112 ¶6.
`Plain and ordinary
`meaning.
`
`Plain and ordinary
`meaning
`
`Plain and ordinary
`meaning
`
`Plain and ordinary
`meaning, which is “an
`imaging system with a
`plane substantially
`perpendicular to the
`optical axis” and not
`subject to § 112 P. 6,
`but if subject to § 112
`P.6:
`• Function: “to
`generate depth data
`of the structure
`portion
`(corresponding to a
`two-dimensional
`reference array
`substantially
`orthogonal to depth
`direction)”
`Structure: “scanning
`system that relies on
`confocal imaging
`
`2
`
`“scanning system
`configured to obtain
`depth data independently
`of the color data of the
`portion”
`
`“imaging device that uses
`colored illumination (i.e.,
`white light or sequential
`red, green, blue
`illumination) to obtain
`two-dimensional color
`image data independently
`of depth data of the
`object”
`Subject to § 112 P.6
`• Function: “to
`generate depth data
`of the structure
`portion
`(corresponding to a
`two-dimensional
`reference array
`substantially
`orthogonal to a
`depth direction)”
`Structure: “scanning
`system comprising
`laser(s) coupled to a
`grating/microlens array,
`telecentric confocal
`optics, image sensor,
`processor to determine
`the maximum intensity of
`the light returned from
`illuminated spots at
`different positions of the
`
`3SHAPE 1039 3Shape v Align IPR2021-01383
`
`

`

`arrangement, including
`an illumination source,
`main optics to measure
`the depth direction,
`detection optics such as
`an image sensor, and a
`processor” see, e.g.,
`’433 patent at 3:3-67,
`5:3-5, 13:14-23, 14:56-
`16:52, 24:30-35, Fig. 1,
`Fig. 4A, Fig. 8, Fig. 11,
`Fig. 12, Fig. 13
`“color data of the
`intraoral structure”:
`Plain and ordinary
`meaning, but if
`construction is
`required: “data that
`represents the color of
`the intraoral structure
`captured by the sensor”
`
`“color data”: Plain and
`ordinary meaning
`
`“color image data”:
`Plain and ordinary
`meaning
`Plain and ordinary
`meaning
`
`[A.5] “color data (of the
`intraoral structure)”
`’151 patent, claims 1, 18
`’152 patent, claims 1, 9,
`16, 18, 23, 25
`
`“color image data”
`’519 patent, claims 1, 6,
`13, 24
`’151 patent, claims 1, 10,
`18, 25
`’152 patent, claims 9
`
`[A.6] “two-dimensional
`image data”
`’433 patent, claims 12, 13
`
`“two-dimensional
`(first/second) image
`data”
`’433 patent, claims 1, 2
`
`[A.7] “depth image data”
`’151 patent, claims 1, 10,
`18, 25
`’152 patent, claim 9
`
`Not indefinite; “the
`image data used to
`derive depth data”
`
`telecentric confocal
`optics. Does not acquire
`color data (i.e., full
`spectrum of light required
`to generate color)” see,
`e.g., ’433 patent, at 3:3-
`67, 5:3-5, 14:56-16:52,
`24:30-35; Fig. 1, Fig. 4A,
`Fig. 8, Fig. 11, Fig. 12, Fig.
`13
`
`“color data of the
`intraoral structure”:
`“data that represents the
`color of the intraoral
`structure obtained
`independently of the
`depth data”
`
`“color image data”:
`“image data representing
`the color of the three-
`dimensional object
`obtained independently
`of depth image data”
`
`“two-dimensional image
`data”: “two- dimensional
`image data used to
`generate color
`independently of depth
`data”
`
`Two-Dimensional
`(First/Second) Image
`Data”: “(first/second)
`two-dimensional image
`data used to generate
`color independently of
`depth data”
`Indefinite; if not
`indefinite: “depth image
`data obtained
`independently of color
`image data”
`
`3
`
`Plain and ordinary
`meaning
`
`Plain and ordinary
`meaning
`
`Plain and ordinary
`meaning
`
`3SHAPE 1039 3Shape v Align IPR2021-01383
`
`

`

`Plain and ordinary
`meaning
`
`Plain and ordinary
`meaning
`
`Plain and ordinary
`meaning
`
`“numerical entity
`created by associating
`coordinates of color
`data to coordinates of
`depth data”
`
`Not subject to §112 ¶6
`and not indefinite. Plain
`and ordinary meaning.
`
`“match estimated color
`values at X-Y coordinates
`to substantially the same
`X-Y coordinates of the
`depth data”
`
`“selectively match color
`values at X-Y coordinates
`to substantially the same
`X-Y coordinates of the
`depth data based on the
`plurality of focal lengths
`and the depth data such
`that the entire
`wavelength composition
`of color is in focus relative
`to the structure portion
`for more than one
`distance in the depth
`direction”
`
`“processor…configured to
`match depth data at X-Y
`coordinates to
`substantially the same X-Y
`coordinates of the two-
`dimensional color image
`data”
`“new numerical entity
`created by matching X-Y
`coordinates of the color
`data to substantially the
`same X-Y coordinates of
`the independently
`obtained depth data”
`“illumination unit”:
`subject to §112 ¶ 6:
`
` •
`
` Function: “transmit a
`first array of incident light
`along a path towards a
`threedimensional
`structure”
`
`
`Plain and ordinary
`meaning
`
`Plain and ordinary
`meaning
`
`Plain and ordinary
`meaning
`
`“numerical entity
`created by associating
`coordinates of color
`data to coordinates of
`depth data”
`
`4
`
`“illumination unit”: not
`subject to § 112 ¶ 6,
`construed as “one or
`more optical elements
`that provide or
`condition light for
`illumination” If subject
`to § 112 ¶ 6:
`
` •
`
` Function: “transmit a
`first array of incident
`
`[B.1] “map the estimated
`image data to the depth
`data for the two-
`dimensional reference
`array”
`
`’433 patent, claim 1
`[B.2] “selectively map the
`image data to the depth
`data for the two-
`dimensional reference
`array based on the
`plurality of focal lengths
`and the depth data such
`that the resulting
`associated color of the
`structure portion is in
`focus relative to the
`structure portion for a
`plurality of distances in
`the depth direction”
`
`’433 patent, claim 12
`[B.3]
`“processor…configured to
`associate the depth data
`with the two-dimensional
`color image data”
`
`’519 patent, claim 1
`[B.4] “color three-
`dimensional numerical
`entity”
`
`’151 patent, claims 1, 10,
`11, 18, 25 ’152 patent,
`claims 1, 9, 23
`[C.1] ““illumination unit
`configured to transmit a
`first array of incident
`light along a path
`towards the
`threedimensional
`structure”
`
`’519 patent, claims 1, 13,
`24
`
`3SHAPE 1039 3Shape v Align IPR2021-01383
`
`

`

`Not indefinite; plain and
`ordinary meaning
`
`• Structure: “laser(s)
`optically coupled to a
`grating, microlens array”
`
`“array of incident light”:
`Indefinite. If found not
`indefinite, “light incident
`on an object to form an
`array of spots”
`
`“detector (configured) to
`measure intensity of
`each of a plurality of
`returned light”:
`indefinite; if found not
`indefinite: “detector
`configured to measure
`intensity of light returned
`from each illuminated
`spot that returns along
`the path and from the
`three-dimensional
`structure”
`
`“measure intensity”: no
`further construction
`required. See
`construction of
`“detector” limitations
`above.
`
`“returning light”:
`indefinite; if not
`indefinite: “light returned
`from illuminated
`spots…from the intra-oral
`structure”
`
`5
`
`light along a path
`towards the three-
`dimensional structure”
`
` •
`
` Structure: “(1) one or
`more light emitter(s),
`semiconductor laser(s),
`or laser emitter(s) in
`conjunction with
`diffraction or refraction
`optics, grating,
`microlens array, or an
`optics expander; or (2) a
`plurality of light
`emitters,
`semiconductor lasers,
`or laser emitters; or (3)
`equivalents thereof”
`
`See, e.g., 6:10-14,
`15:30-43
`“detector (configured)
`to measure intensity of
`each of a plurality of
`returned light”: not
`indefinite; plain and
`ordinary meaning; if
`construction is
`required: “detector
`configured to measure
`intensity of each of a
`plurality of returned
`directional projections
`of light that return
`along the path and from
`the threedimensional
`structure”
`
`“measure intensity”:
`“detect intensity of
`returned light”
`
`“returning light”: not
`indefinite; plain and
`ordinary meaning
`
`[C.2] “detector
`(configured) to measure
`intensity of each of a
`plurality of returned
`light”
`
`’519 patent, claims 1, 4,
`13, 24, 30
`
`“measure intensity”
`
`’519 patent, claims 1, 30
`
`“returning light”
`
`’151 patent, claims 10, 25
`
`3SHAPE 1039 3Shape v Align IPR2021-01383
`
`

`

`[C.3] “light beams”
`
`’519 patent, claims 20, 21
`
`“incident light beams”
`
`’151 patent, claim 18
`
`“returned light beams”
`
`’151 patent, claim 13
`
`[D.1] “focal plane”
`
`’151 patent, claims 1, 10,
`18
`
`’152 patent, claims 1, 16,
`23
`[D.2] “focusing optics”
`
`’151 patent, claims 1, 10,
`18, 25
`
`’152 patent, claims 1, 9,
`16, 23
`[E.1] “two-dimensional
`reference array
`substantially orthogonal
`to a depth direction”
`’433 patent claims 1, 12
`[E.2] “depth data
`corresponding to a
`plurality of data points
`defined on a plane
`substantially orthogonal
`to a depth direction”
`
`’519 patent, claims 1, 13,
`24
`
`“light beams”:
`“directional projections
`of light energy”
`
`“incident light beams”:
`“directional projections
`of light energy
`propagating along the
`optical axis illuminating
`an object”
`
`“returned light beams”:
`“light beams returned in
`response to the incident
`light beams on the
`three dimensional
`structure/dentition”
`“a position where one
`or more light beams
`from the optical system
`are focused”
`
`“light beams”: “more
`than one directional
`projection of light
`energy”
`
`“incident light beams”:
`“light beams that form
`illuminated spots on the
`surface of the object”
`
`“returned light beams”:
`“light beams each
`returned from an
`illuminated spot”
`
`“X-Y plane parallel to the
`image sensor”
`
`“light beams”:
`“directional projections
`of light energy”
`
`“incident light beams”:
`“directional projections
`of light energy
`propagating along the
`optical axis illuminating
`an object”
`
`“returned light beams”:
`“light beams returned in
`response to the incident
`light beams on the
`three dimensional
`structure/dentition”
`“a position where one
`or more light beams
`from the optical system
`are focused”
`
`Plain and ordinary
`meaning, which is: “one
`or more optical
`components that focus
`light beams to one or
`more focal planes”
`
`“a reference plane
`substantially 90 degrees
`to a depth direction”
`
`“optical elements
`operating telecentrically
`to define one or more
`focal surfaces parallel to
`the image sensor at a
`position changeable by
`the optical elements”
`“array of points in an X-Y
`plane substantially 90
`degrees to a depth
`direction”
`
`Plain and ordinary
`meaning, which is: “one
`or more optical
`components that focus
`light beams to one or
`more focal planes”
`
`“array of points in an X-
`Y plane substantially 90
`degrees to a depth
`direction”
`
`“depth data
`corresponding to a
`plurality of points on a
`reference plane
`substantially 90 degrees
`to a depth direction”
`
`“depth data
`corresponding to a
`plurality of points in an X-
`Y plane substantially 90
`degrees to the depth
`direction”
`
`“depth data
`corresponding to a
`plurality of points in an
`X-Y plane substantially
`90 degrees to the depth
`direction”
`
`6
`
`3SHAPE 1039 3Shape v Align IPR2021-01383
`
`

`

`Plain and ordinary
`meaning
`
`Plain and ordinary
`meaning
`
`“delete scan data
`associated with the
`displayed model to create
`a removed surface
`portion of the model
`according to the user
`input”
`
`Plain and ordinary
`meaning
`
`“an intraoral portion
`physically altered by a
`dental practitioner”
`
`Plain and ordinary
`meaning
`
`No construction
`necessary because non-
`limiting preamble; if
`preamble is limiting:
`plain and ordinary
`meaning
`
`“accounting for changes
`in surface topology
`created by a dental
`practitioner when
`[intraorally] scanning a
`patient’s teeth for a
`dental procedure”
`
`Plain and ordinary
`meaning
`
`“use the received
`second scan data
`instead of at least a
`portion of the removed
`surface portion of the
`model”
`
`“register [registering] the
`[received] second scan
`data with a retained
`portion of the model after
`deleting the scan data of
`the removed surface
`portion”
`
`“register [registering]
`the [received] second
`scan data with a
`retained portion of the
`model after deleting the
`scan data of the
`removed surface
`portion”
`
`[F] “remove, from the
`displayed model, a
`removed surface portion
`of the model to be
`removed according to the
`user input”
`
`’936 patent, claims 1, 17
`[G.1] “a physically
`changed portion of the
`patient’s intraoral cavity”
`
`’936 patent, claims 1, 9
`[G.2] “accounting for
`changes in surface
`topology when
`[intraorally] scanning a
`patient’s teeth for a
`dental procedure”
`
`’609 patent, claims 1, 12,
`23
`[H.1] “replace [replacing]
`at least a portion of the
`[removed] surface
`portion of the model […]
`using the received second
`scan data [at least a
`portion of the second
`scan data]”
`
`’936 patent, claims 1, 9,
`17
`[H.2] “updating [update]
`the first model by
`modifying only at least a
`portion of the surface
`data [first surface
`portion]”
`
`’609 patent, claims 1, 12,
`23
`
`Not indefinite; Align
`agrees to 3Shape’s
`proposed construction.
`
`Indefinite under 35 U.S.C.
`§ 112 ¶ 2; if not
`indefinite: “updating
`[update] the first model
`by modifying, within only
`the demarcated surface
`data representative of the
`first surface portion, at
`least a portion of the
`surface data”
`Plain and ordinary
`meaning
`
`“updating [update] the
`first model by
`modifying, within only
`the demarcated surface
`data representative of
`the first surface portion,
`at least a portion of the
`surface data”
`
`Plain and ordinary
`meaning
`
`[I] “receiving [receive]
`user input, via the
`displayed first model,
`demarcating the surface
`data representative of
`
`“receiving user input,
`via the displayed first
`model, identifying the
`surface data
`representative of the
`
`7
`
`3SHAPE 1039 3Shape v Align IPR2021-01383
`
`

`

`“determining [determine]
`a missing dental structure
`in the 3D virtual model”
`
`“determining
`[determine] a missing
`intraoral structure in
`the 3D virtual model”
`
`“generating second 3D
`data in any manner,
`including scanning or
`based on the 3D virtual
`model”
`
`“generat[ing] second
`data representing the
`intraoral structure of
`the missing portion of
`the 3D virtual model by
`extrapolating the 3D
`virtual model,
`interpolating between
`points in the 3D virtual
`model, or otherwise
`based on the 3D virtual
`model”
`
`
`the first surface portion
`and the surface data
`representative of the
`second surface portion”
`
`’609 patent, claims 1, 12
`
`[J] “determining
`[determine] a missing
`portion of the 3D virtual
`model that are missing a
`portion of the intraoral
`structure of the patient”
`
`’527 patent, claims 1, 12
`[K] “generating
`[generate] second 3D
`data”
`
`’527 patent, claims 1, 12
`
`
`3Shape Patents:
`
`
`first surface portion
`and, by implication (i.e.
`the remaining surface
`portion of the first scan)
`or by explicit
`identification, the
`surface data
`representative of the
`second surface portion”
`“determining a portion
`of the 3D virtual model
`that is missing a portion
`of any target part of the
`intraoral cavity of the
`patient”
`
`“generat[ing] second
`data representing the
`intraoral structure of
`the missing portion of
`the 3D virtual model by
`extrapolating the 3D
`virtual model or
`interpolating between
`points in the 3D virtual
`model”
`
`Or
`
`“generat[ing] second
`data representing the
`intraoral structure of
`the missing portion of
`the 3D virtual model by
`extrapolating the 3D
`virtual model,
`interpolating between
`points in the 3D virtual
`model, or otherwise
`based on the 3D virtual
`model”
`
`
`8
`
`3SHAPE 1039 3Shape v Align IPR2021-01383
`
`

`

`Term
`
`Align’s Proposed
`Construction
`
`3Shape’s Proposed
`Construction
`
`Court’s Preliminary
`Construction
`
`“correlation measure”
`
`’815 patent, claim 33, 40
`
`“multichromatic probe
`light for illumination of
`the object”
`
`’711 patent, claim 1
`
`“image pixels / image
`sensor pixels”
`
`’711 patent, passim
`
`“data processing system
`configured to derive
`surface geometry
`information for a first
`set of image pixels
`within a block of the
`image sensor pixels
`from a series of 2D
`images recorded by the
`color image sensor”
`
`’711 patent, claim 1
`
`“a measure of the degree
`of correlation between (1)
`a signal derived from the
`pattern, and (2) light input
`signal or sensor input
`signal from the sensors in
`the camera”
`Plain and ordinary
`meaning, which is “a
`probe light with more
`than one color, or more
`than one shade of color,
`at the same time that
`illuminates the object”
`
`Indefinite; if not
`indefinite:
`“image pixels”: “pixels on
`the image that are
`derived from the image
`sensor pixels”
`“image sensor pixels”:
`“pixels on the image
`sensor”
`Subject to § 112 ¶ 6:
`
`• Function: “derive
`surface geometry
`information for a
`first set of image
`pixels within a
`block”
`
`• Structure: “a
`processor
`programmed to
`record surface
`geometry of an
`object that is
`derived from at
`least one of the
`same 2D images as
`the surface color
`information”
`
`9
`
`Plain and ordinary
`meaning
`
`Plain and ordinary
`meaning
`
`Plain and ordinary
`meaning, which is “light
`having more than one
`color at the same time,
`that strikes the object”
`
`Not indefinite; “pixels on
`the image sensor”
`
`Plain and ordinary
`meaning, which is “a
`probe light with more
`than one color, or
`more than one shade
`of color, at the same
`time that illuminates
`the object”
`Not indefinite; pixels
`on the image sensor
`
`Not subject to § 112
`¶ 6, construed
`according to its plain
`and ordinary meaning.
`Surface geometry
`information does not
`have to be derived
`from at least one of the
`same 2D images as the
`surface color
`information.
`
`Not subject to § 112 ¶ 6,
`construed as “data
`processing system
`configured to derive
`surface geometry
`information for a first set
`of pixels on the image
`sensor within a block…”
`If subject to § 112 ¶ 6:
`
`• Function: “derive
`surface geometry
`information for a
`first set of pixels
`on the image
`sensor within a
`block…”
`
`• Structure: “one or
`more processors,
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`“data processing system
`further configured to
`derive surface color
`information for a
`second set of image
`pixels within the block
`of the image sensor
`pixels from at least one
`2D image recorded by
`the color image sensor”
`
`’711 patent, claim 1
`
`Not subject to § 112
`¶ 6, construed
`according to its plain
`and ordinary meaning.
`Surface color
`information does not
`have to be derived
`from at least one of the
`same 2D images as the
`surface geometry
`information.
`
`If not subject to § 112 ¶ 6:
`“data processing system
`that derives geometry
`information for at least
`one 2D image used to
`derive color information”
`
`Subject to § 112 ¶ 6:
`• Function: “derive
`surface color
`information for a
`second set of
`image pixels within
`a block”
`
`• Structure: “a
`processor
`programmed to
`record color
`information of an
`object that is
`derived from at
`least one of the
`same 2D images as
`the surface
`geometry
`information”
`
`If not subject to § 112 ¶ 6:
`“data processing system
`that derives color
`information for at least
`one 2D image used to
`derive geometry
`information”
`
`or one or more
`processors and
`computer
`readable medium;
`and algorithm(s)
`for deriving
`surface geometry
`for a first set of
`pixels on the
`image sensor
`within a block…”
`
`Not subject to § 112 ¶ 6,
`construed as: “data
`processing system further
`configured to derive
`surface color information
`for a second set of pixels
`on the image sensor
`within the block…”
`If subject to § 112 ¶ 6
`construction:
`
`• Function: “derive
`surface color
`information for a
`second set of
`pixels on the
`image sensor
`within the block…”
`
`• Structure: “one or
`more processors,
`or one or more
`processors and
`computer
`readable medium;
`and algorithm(s)
`for deriving
`surface color
`information for a
`second set of
`pixels on the
`image sensor
`within the block…”
`
`“low weight”
`
`’711 patent, claim 24
`
`Indefinite
`
`Plain and ordinary
`meaning
`
`Plain and ordinary
`meaning
`
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`“cariogenic region of
`the tooth”
`
`’333 patent, claims 1, 3,
`20, 21, 38
`“a second light source”
`
`’333 patent, claims 1, 20,
`21, 33, 38
`
`“the 3D intraoral
`scanner is configured
`such that at least one of
`the one or more image
`sensor(s) detects light at
`the second wavelength,
`thereby configured to
`record data for the
`cariogenic region of the
`tooth”
`
`’333 patent, claims 1, 21
`
`“region of the tooth that
`the system detects as
`having tooth decay from
`emitted fluorescence”
`
`“a light source used to
`excite a fluorescent
`material of a tooth”
`
`“the 3D intraoral scanner
`is configured to record
`data for the cariogenic
`region of the tooth based
`on the detection of light
`by at least one of the one
`or more image sensors at
`the same wavelength in
`which light was emitted
`from the second light
`source”
`
`or
`
`Plain and ordinary
`meaning
`
`Plain and ordinary
`meaning.
`
`Plain and ordinary
`meaning.
`
`Plain and ordinary
`meaning.
`
`Plain and ordinary
`meaning.
`
`Plain and ordinary
`meaning
`
`Plain and ordinary
`meaning, which is “the 3D
`intraoral scanner is
`configured such that at
`least one of the one or
`more image sensor(s)
`detects light at least at
`the second wavelength,
`thereby configured to
`record data for the
`cariogenic region of the
`tooth”
`
`
`
`
`
`
`
`
`Evan Pearson
`Law Clerk to the Honorable Alan D Albright
`United States District Court, Western District of Texas
`Direct: 254-750-1522
`Cell: 915-588-9686
`Evan_Pearson@txwd.uscourts.gov
`
`
`
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