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Patent Application 17352457 - METHOD FOR ACQUIRING A DENTAL OBJECT - Rejection

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Patent Application 17352457 - METHOD FOR ACQUIRING A DENTAL OBJECT

Title: METHOD FOR ACQUIRING A DENTAL OBJECT

Application Information

  • Invention Title: METHOD FOR ACQUIRING A DENTAL OBJECT
  • Application Number: 17352457
  • Submission Date: 2025-05-22T00:00:00.000Z
  • Effective Filing Date: 2021-06-21T00:00:00.000Z
  • Filing Date: 2021-06-21T00:00:00.000Z
  • National Class: 600
  • National Sub-Class: 410000
  • Examiner Employee Number: 92122
  • Art Unit: 3797
  • Tech Center: 3700

Rejection Summary

  • 102 Rejections: 0
  • 103 Rejections: 2

Cited Patents

The following patents were cited in the rejection:

Office Action Text


    DETAILED ACTION
Notice of Pre-AIA  or AIA  Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .

Response to Amendment
The amendment of 02/06/2025 has been entered and fully considered by the examiner. Claims 1, 4, 5, 7-11 and 15 have been amended. Claims 2, 3, 6 and 12-14 are canceled. Claim 16 is added. Claims 1, 4, 5, 7-11, 15 and 16 are currently pending in the application with claims 1 and 16 being independent.

Information Disclosure Statement
	Information Disclosure Statement (IDS) submitted on 02/14/2025 has been entered and fully considered by the examiner.

Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.

The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary.  Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.

Claims 1, 4, 5, 7-9, 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ulrici (U.S. Publication No. 2013/0162645) hereinafter “Ulrici” in view of Bothorel et al. (U.S. Publication No. 2010/0074402) hereinafter “Bothorel” and Vlachomitrou et al. (U.S. Publication No. 2019/0021,683) hereinafter “Vlachomitrou”.
Regarding claim 1, Ulrici discloses a method for acquiring an image of a dental object of a patient, the dental object having an object volume, [see abstract of Ulrici] the method comprising:
computing a plurality of segment volume ranges in the object volume [see [0086] disclosing that a plurality of segment volumes 8, 12, 15, and 18 are defined in the object volume. See also FIG. 1 of Ulrici]
recording, within a measuring volume of a magnetic resonance imaging (MRI) machine, image data of the plurality of segment volume ranges; and [see [0051] discloses that the method is operable with an MRI machine]
Ulrici does not expressly disclose that the plurality of segment volume ranges including a first segment volume range that extends over a left side of a jaw of the patient and is elongated along a first direction that extends generally from a front of the jaw to a rear of the left side of the jaw; the plurality of segment volume ranges including a second segment volume range that extends over a right side of the jaw of the patient and is elongated along a second direction that extends generally from the front of the jaw to a rear of the right side of the jaw; the first direction and the second direction being on opposite sides of a midsagittal plane of a head of the patient; the plurality of segment volume ranges including a third segment volume range that at least partially includes the midsagittal plane of the head of the patient; the plurality of segment volume ranges overlapping at most partially proximate the front of the jaw; generating a two-dimensional composite image from the image data of the plurality of segment volume ranges by projecting the image data onto a target plane, wherein the target plane is disposed parallel to the midsagittal plane of the head of the patient.
Bothorel, directed towards creating a projected image of dental segments using volume imaging [see abstract of Bothorel] further discloses that the plurality of segment volume ranges [A1 (C1), A2 (C2) and A3(C3); see FIG. 8 of Bothorel]  including a first segment volume range that extends over a left side of a jaw of the patient and is elongated along a first direction that extends generally from a front of the jaw to a rear of the left side of the jaw; [first volume C1 identified by circle A1; see FIG. 8 and [0277]] the plurality of segment volume ranges including a second segment volume range that extends over a right side of the jaw of the patient and is elongated along a second direction that extends generally from the front of the jaw to a rear of the right side of the jaw; [second volume C2 identified by circle A2; see FIG. 8 and [0281]]  the first direction and the second direction being on opposite sides of a midsagittal plane of a head of the patient; [see FIG. 8; A1 and A2 are on opposite sides of the midsagittal plane of the head which is directed perpendicular to the front teeth] the plurality of segment volume ranges including a third segment volume range that at least partially includes the midsagittal plane of the head of the patient; [third volume C3 identified by circle A3; see FIG. 8 and [0285]] the plurality of segment volume ranges overlapping at most partially proximate the front of the jaw; [see FIG. 8] generating a two-dimensional composite image from the image data of the plurality of segment volume ranges by projecting the image data onto a target plane [see FIG. 11 and [00292] and [0128]; the volume image of FIG. 10 is projected to produce FIG. 11 2D image]
Vlachomitrou, directed towards producing a projected image of the dental objects on a plane [see abstract of Vlachomitrou] further discloses wherein the target plane is disposed parallel to the midsagittal plane of the head of the patient. [see FIG. 11 and [0188]-[0189] of Vlachomitrou; the projected image is on the plane of the sensor 802 which is parallel to the midsagittal plane of the head]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the method of Ulrici further such that the plurality of segment volume ranges including a first segment volume range that extends over a left side of a jaw of the patient and is elongated along a first direction that extends generally from a front of the jaw to a rear of the left side of the jaw; the plurality of segment volume ranges including a second segment volume range that extends over a right side of the jaw of the patient and is elongated along a second direction that extends generally from the front of the jaw to a rear of the right side of the jaw; the first direction and the second direction being on opposite sides of a midsagittal plane of a head of the patient; the plurality of segment volume ranges including a third segment volume range that at least partially includes the midsagittal plane of the head of the patient; the plurality of segment volume ranges overlapping at most partially proximate the front of the jaw; generating a two-dimensional composite image from the image data of the plurality of segment volume ranges by projecting the image data onto a target plane according to the teachings of Bothorel in order to produce a panoramic image of the teeth such that it would match the morphology of the patient’s jaw [see [0020] of Bothorel]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the method of Ulrici further such that the target plane is disposed parallel to the midsagittal plane of the head of the patient according to the teachings of Vlachomitrou in order to produce a 2D image with a parallel geometry of the skull to be more intuitive to the user as in the traditional cephalometric images [see [0005]-[0006] of Vlachomitrou] Further, the combination of Ulrici and Bothorel discloses all the limitations of the claim except for the use of a plane parallel to the midsagittal plane of the head as the projected plane. It would have been an obvious matter of design choice to change the projected plane to a different plane (i.e. a plane parallel to the midsagittal plane) since applicant has not discloses that choosing that particular plane solves any stated problem or is for any particular purposes and it appears that the invention would perform equally well with a plane perpendicular to the midsagittal plane as well.
Regarding claim 4, Ulrici further discloses that with respect to a position and an orientation of each segment volume range within the measuring volume of the MRI machine, said each segment volume range is defined on the basis of based on a presetting for the patient or on the basis of based on a preliminary image of the dental object. [see [0086] of Ulrici disclosing that the sub-volumes are defined on a preliminary 3D image of the patient by the operator or with the help of a computer]
Regarding claim 5, Ulrici further discloses that a depth of a segment volume range of the plurality of segment volume ranges is between 0.5 mm and 30 mm. [see [0022] of Ulrici] 
Regarding claim 7, Ulrici further discloses that the image data of the plurality of segment volume ranges is recorded via the MRI machine,[see [0015] of Ulrici] in that a three-dimensional MRI overall image of the dental object with the object volume is recorded,[see FIG. 1 and [0086] disclosing that an overall volume image of the jaw is first recorder] and the image data of the plurality of segment volume ranges is carried over from the three-dimensional MRI overall image. [see [0086] and [0066] disclosing that a plurality of volume segments are chosen and imaged from a 3D overall image]
Regarding claim 8, Ulrici further discloses that the image data of the plurality of segment volume ranges is recorded via the MRI machine [see [0015] of Ulrici], in that a plurality of MRI segment acquisitions, which display the plurality of segment volume ranges, are recorded by the MRI machine.  [see [0086] and [0066] disclosing that a plurality of volume segments are chosen and imaged]
Regarding claim 9, Ulrici further discloses that the plurality of MRI [see [0015] and [0066] of Ulrici] segment acquisitions are incrementally measured via the MRI machine. [see [0086] disclosing that each sub-volume can be chosen automatically the imager as the volume of a single tooth incrementally]  
Regarding claim 15, Ulrici further discloses that the two- dimensional composite image is displayed by means of a display device, wherein, in addition to the two-dimensional composite image, and the image data of at least one segment volume range are displayed by means of via a display device.  [see [0088] and claim 11 of Ulrici]
Regarding claim 16, Ulrici discloses a method for acquiring a dental image,[see abstract of Ulrici] the method comprising:
capturing, with a magnetic resonance imaging (MRI) machine, three-dimensional MRI data corresponding to a head of a patient; [see [0015] and [0051] discloses that the method is operable with an MRI machine]
defining a plurality of segment volume ranges [see [0086] disclosing that a plurality of segment volumes 8, 12, 15, and 18 are defined in the object volume. See also FIG. 1 of Ulrici]
forming, from the projected three-dimensional MRI data, a two-dimensional composite image of the jaw of the patient; [see [0014]-[0015] and [0086] of Ulrici]
and displaying the two-dimensional composite image on a display device [see [0071]-[0074] of Ulrici; display device 18]
Ulrici does not expressly disclose that the plurality of segment volume ranges including a first segment volume range that extends over a left side of a jaw of the patient and is elongated along a first direction that extends generally from a front of the jaw to a rear of the left side of the jaw; the plurality of segment volume ranges including a second segment volume range that extends over a right side of the jaw of the patient and is elongated along a second direction that extends generally from the front of the jaw to a rear of the right side of the jaw; the first direction and the second direction being on opposite sides of a midsagittal plane of a head of the patient; the plurality of segment volume ranges including a third segment volume range that at least partially includes the midsagittal plane of the head of the patient; the plurality of segment volume ranges overlapping at most partially proximate the front of the jaw; projecting three-dimensional MRI data from the plurality of segment volume ranges onto a target plane that is parallel to the midsagittal plane of the head of the patient; forming, from the projected three-dimensional MRI data, a two-dimensional composite image of the jaw of the patient; and displaying the two-dimensional composite image on a display device.
Bothorel, directed towards creating a projected image of dental segments using volume imaging [see abstract of Bothorel] further discloses that the plurality of segment volume ranges [A1 (C1), A2 (C2) and A3(C3); see FIG. 8 of Bothorel]  including a first segment volume range that extends over a left side of a jaw of the patient and is elongated along a first direction that extends generally from a front of the jaw to a rear of the left side of the jaw; [first volume C1 identified by circle A1; see FIG. 8 and [0277]] the plurality of segment volume ranges including a second segment volume range that extends over a right side of the jaw of the patient and is elongated along a second direction that extends generally from the front of the jaw to a rear of the right side of the jaw; [second volume C2 identified by circle A2; see FIG. 8 and [0281]]  the first direction and the second direction being on opposite sides of a midsagittal plane of a head of the patient; [see FIG. 8; A1 and A2 are on opposite sides of the midsagittal plane of the head which is directed perpendicular to the front teeth] the plurality of segment volume ranges including a third segment volume range that at least partially includes the midsagittal plane of the head of the patient; [third volume C3 identified by circle A3; see FIG. 8 and [0285]] the plurality of segment volume ranges overlapping at most partially proximate the front of the jaw; [see FIG. 8] projecting three-dimensional MRI data from the plurality of segment volume ranges onto a target plane; [see FIG. 11 and [00292] and [0128]; the volume image of FIG. 10 is projected to produce FIG. 11 2D image] 
Vlachomitrou, directed towards producing a projected image of the dental objects on a plane [see abstract of Vlachomitrou] further discloses wherein the target plane is disposed parallel to the midsagittal plane of the head of the patient. [see FIG. 11 and [0188]-[0189] of Vlachomitrou; the projected image is on the plane of the sensor 802 which is parallel to the midsagittal plane of the head]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the method of Ulrici further such that the plurality of segment volume ranges including a first segment volume range that extends over a left side of a jaw of the patient and is elongated along a first direction that extends generally from a front of the jaw to a rear of the left side of the jaw; the plurality of segment volume ranges including a second segment volume range that extends over a right side of the jaw of the patient and is elongated along a second direction that extends generally from the front of the jaw to a rear of the right side of the jaw; the first direction and the second direction being on opposite sides of a midsagittal plane of a head of the patient; the plurality of segment volume ranges including a third segment volume range that at least partially includes the midsagittal plane of the head of the patient; the plurality of segment volume ranges overlapping at most partially proximate the front of the jaw; generating a two-dimensional composite image from the image data of the plurality of segment volume ranges by projecting the image data onto a target plane according to the teachings of Bothorel in order to produce a panoramic image of the teeth such that it would match the morphology of the patient’s jaw [see [0020] of Bothorel]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the method of Ulrici further such that the target plane is disposed parallel to the midsagittal plane of the head of the patient according to the teachings of Vlachomitrou in order to produce a 2D image with a parallel geometry of the skull to be more intuitive to the user as in the traditional cephalometric images [see [0005]-[0006] of Vlachomitrou] Further, the combination of Ulrici and Bothorel discloses all the limitations of the claim except for the use of a plane parallel to the midsagittal plane of the head as the projected plane. It would have been an obvious matter of design choice to change the projected plane to a different plane (i.e. a plane parallel to the midsagittal plane) since applicant has not discloses that choosing that particular plane solves any stated problem or is for any particular purposes and it appears that the invention would perform equally well with a plane perpendicular to the midsagittal plane as well.

Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Ulrici (U.S. Publication No. 2013/0162645) hereinafter “Ulrici” in view of Bothorel et al. (U.S. Publication No. 2010/0074402) hereinafter “Bothorel” and Vlachomitrou et al. (U.S. Publication No. 2019/0021,683) hereinafter “Vlachomitrou” as applied to claim 8 above and further in view of Poser et al. (“Simultaneous Multislice Excitation by Parallel Transmission”, Mag. Res. In Med. Volume 71, pp 1416-27, 2014) hereinafter “Poser”.
Regarding claim 10, Ulrici as modified by Bothorel and Vlachomitrou discloses that the segments are measured by MRI image system. [see [0015] of Ulrici]
Ulrici as modified by Bothorel and Vlachomitrou does not disclose that at least two MRI segment acquisitions are measured at the same time by a special MRI machine based on a multi-slice excitation method.
Poser, directed towards simultaneous multi-slice MR excitation of the skull region [see abstract of Poser] further discloses at least two MRI segment acquisitions are measured at the same time by means of a special MRI machine based on a multi slice excitation method. [see page 1417, left column, section under “Theory” continued in the right column first paragraph and page 1420, left column, section under “EPI SMS-p TX scans” disclosing at least two excitation slices imaged simultaneously] 
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the MRI segment acquisitions of Ulrici as modified by Bothorel and Vlachomitrou further and measure them at the same time by a special MRI machine based on a multi-slice excitation method according to the teachings of Poser in order to reduce acquisition time [see page 1416, right column, first paragraph of Poser] 
Regarding claim 11, Ulrici as modified by Bothorel and Vlachomitrou discloses that the segments are measured by MRI image system. [see [0015] of Ulrici]
Ulrici as modified by Bothorel and Vlachomitrou does not disclose that each MRI segment acquisition consists of a single MRI slice image or a stack of multiple MRI slice images, wherein the MRI slice images of the stack are arranged parallel to one another within the respective segment volume range.
Poser further discloses that15 each MRI segment acquisition consists of a single MRI slice image or a stack of multiple MRI slice images [see page 1420, left column, section under “EPI SMS-p TX scans” disclosing a stack of at least two slices imaged simultaneously], wherein the MRI slice images of a stack are arranged parallel to one another within the respective segment volume range. [see FIG. 3 showing a stack of two rows of slice images parallel to each other within the volume imaged]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the MRI segment acquisitions of Ulrici as modified by Bothorel and Vlachomitrou further and make each MRI segment acquisition consist of a single MRI slice image or a stack of multiple MRI slice images, wherein the MRI slice images of a stack are arranged parallel to one another within the respective segment volume range according to the teachings of Poser in order to reduce acquisition time [see page 1416, right column, first paragraph of Poser] 

Response to Arguments
Applicant’s arguments, see applicant’s remarks filed 02/06/2025, with respect to the rejection(s) of claim(s) 1 under U.S.C. 103 in light of the newly added amendments have been fully considered and are persuasive.  Therefore, the rejection has been withdrawn.  However, upon further consideration, a new ground(s) of rejection is made in view of newly added amendments.

Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARJAN - SABOKTAKIN whose telephone number is (303)297-4278. The examiner can normally be reached M-F 9 am-5pm CT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ashley Buran can be reached at (571) 270-5284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.





/MARJAN SABOKTAKIN/Examiner, Art Unit 3797

/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795


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