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 Remarks/Arguments
Amendments to claims 22, 24, 35, 37, 54, 56, and 57, cancelation of claim(s) 38-39, 45-53, 55, and 57-59, and the addition of new claims 60 – 72 are acknowledged.
Applicant’s arguments with respect to the priority claim of claim(s) 22, 24, 29, 31, 33, 35, 37-39, 45-49, and 55-59 have been considered. Regarding claim(s) 38-39, 45-49, 55, and 57-59, the applicant’s arguments are moot because the aforementioned claims are canceled and no longer under consideration. Regarding claims(s) 22, 24, 29, 31, 33, 35, 37, and 56, the applicant’s arguments are not persuasive as applicant did not offer any rebuttal to the 03/26/2025 Office Action’s analysis of the aforementioned claims priority claim. Therefore claims(s) 22, 24, 29, 31, 33, 35, 37, and 56 have an effective filing date of 05/09/2019, as detailed in the previous Office Action mailed on 03/26/2025.
Applicant’s arguments regarding the 35 U.S.C. 112(b) rejection of claim(s) 38-39 are considered. Applicant’s arguments are persuasive and the 35 U.S.C. 112(b) rejection of claim(s) 38-39 are withdrawn because claim(s) 38-39 are canceled and no longer under consideration.
Applicant’s arguments regarding the 35 U.S.C. 112(b) rejection of claim(s) 56 is considered. Applicant’s arguments are persuasive and the 35 U.S.C. 112(b) rejection of claim(s) 56 is withdrawn because claim(s) 56 have been amended to maintain proper antecedent basis.
Applicant’s argument regarding claim(s) 22 and 56 have been considered and are not persuasive. The examiner respectfully disagrees with the applicant’s submission that “modifying Suttin in the manner proposed in the Office Action (03/26/2025) would change the principle of operation of Suttin and would not, therefore, have been obvious to a person of ordinary skill in the art.”
The applicant argues that element 200 as disclosed by Suttin offers flexibility to the user to attach element 200 to a wide range of locations within the mouth and that modification of element 200 to be configured with an inner surface comprising a “surface contour shape configured to match a surface contour shape of at least a portion of a lingual surface and/or at least a portion of a buccal surface of the one or more teeth of the subject,” would run directly contrary to this principle of operation as the thus-modified rigid grounding member 200 would be shaped to fit only in one particular location and hence would necessarily be incapable of being adjusted to attach to "any of the other teeth 14 in the mouth 12 and/or to the jawbone 16 of the patient 10."
The examiner respectfully disagrees with the applicant’s argument because:
In re Ratti, 270 F.2d 810, 813, 123 USPQ 349, 352 (CCPA 1959) (Claims were directed to an oil seal comprising a bore engaging portion with outwardly biased resilient spring fingers inserted in a resilient sealing member. The primary reference relied upon in a rejection based on a combination of references disclosed an oil seal wherein the bore engaging portion was reinforced by a cylindrical sheet metal casing. The seal construction taught in the primary reference required rigidity for operation, whereas the seal in the claimed invention required resiliency. The court reversed the rejection holding the "suggested combination of references would require a substantial reconstruction and redesign of the elements shown in [the primary reference] as well as a change in the basic principle under which the [primary reference] construction was designed to operate.").
Modification of element 200 of Suttin by one of ordinary skill in the art would not require substantial reconstruction and redesign of the elements shown in Suttin nor would it change the basic principle of how element 200 was designed to operate which is to be attached to the tooth (paragraph 0057, Suttin US 201602354169 A1), and as further illustrated in Fig. 5 of Suttin US 201602354169 A1, element 200 has surfaces adjacent to/engages the buccal and lingual surfaces of a tooth (4a Fig. 5, Suttin US 201602354169 A1) respectively. The examiner further submits that modifying the surfaces of element 200 disclosed by Suttin to be shaped such as to match or mate with the patient’s teeth (as suggested by Jung et al. US 20140205968 A1) would not require substantial reconstruction as the general structure of the arms (207a and 207b Fig. 5) are already designed to engage the structure of a patient’s teeth effectively (see Fig. 5) thus matching with the patient’s teeth (paragraph 0057) albeit without a contour engagement surface.
Applicant’s argument regarding claim(s) 22 and 56, referenced as “ rejection (iii)” in Remarks filed 09/26/2025, have been considered and are moot because the new ground of rejection does not rely on LV et al. (US 2016/0367336 A1) applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments regarding claims 22, 24, 29, 31, 33, 35, 37, 54, and 60-65 depend directly or indirectly from independent claim 22 (as referenced in Remarks 09/26/2025), and Claims 66-72 depend directly or indirectly from independent claim 56, have been considered and are not persuasive as articulated above regarding claim 22 and 56.
Applicant’s remarks regarding claims 60-62, 65-68, and 71 are acknowledged and were considered during examination of the amended claims filed 09/26/2025.
Applicant’s remarks regarding claims 60 and 66 are acknowledged and were considered during examination of the amended claims filed 09/26/2025.
Claim Objections
Claim(s) 22, 56, 60-63, 65-69, and 71 objected to because of the following informalities: “the one or more teeth” lacks antecedent basis and should read “the one or more teeth of the subject”. Appropriate correction is required.
Claim(s) 63 – 64 and 69 – 70 objected to because the claim language as written claims part(s) of the subject (one or more teeth comprise a plurality of teeth, which is/are part of the subject) thus, raising subject matter eligibility issues.
Claim(s) 62, 65, 68, and 71 objected to because of the following informalities: “compression mechanism” lacks antecedent in the specification thus, rendering the claim language broader than what was disclosed in the specification (paragraphs 0008, 0049, and 0050). Appropriate correction is required.
Claim(s) 60 and 66 objected to because of the following informalities:
In line 2 of the claim, the claim recites “the one or more frame portions comprise a first frame portion and a second frame portion, the first and second frame portions being configured for disposition, respectively, on a buccal and a lingual side of the one or more teeth, when the apparatus is clamped thereon.” The claim language as written was interpreted by the examiner to mean that the first frame portion is disposed on a buccal side of the one or more teeth and the second frame portion is disposed on a lingual side of the one or more teeth.
In line 6 of the claim, the claim recites “the one or more jaw portions comprise a first jaw portion and a second jaw portion, the first and second jaw portions being configured to engage with, respectively, the buccal and lingual sides of the one or more teeth, when the apparatus is clamped thereon.” The claim language as written was interpreted by the examiner to mean that the first jaw portion engages with the buccal side of the one or more teeth and the second jaw portion engages with lingual side of the one or more teeth.
In line 9 of the claim, the claim recites “the first surface of the first jaw portion has a surface contour shape configured to match a surface contour shape of at least a portion of the lingual surface the one or more teeth of the subject, and the second surface of the first jaw portion is configured for attachment to the first frame portion.” The claim language as written was interpreted by the examiner to mean that the first surface of the first jaw portion engages with the lingual side of the one or more teeth. Thus, contradicting the initial claimed position and point of engagement of the first jaw portion as claimed in line 6 of the claim.
In line 13 of the claim, the claim recites “the first surface of the second jaw portion has a surface contour shape configured to match a surface contour shape of at least a portion of the buccal surface the one or more teeth of the subject, and the second surface of the second jaw portion is configured for attachment to the first frame portion.” The claim language as written was interpreted by the examiner to mean that the first surface of the second jaw portion engages with the buccal side of the one or more teeth. Thus, contradicting the initial claimed position and point of engagement of the second frame portion/second jaw portion as claimed in line 6 of the claim.
Appropriate correction is required for the aforementioned informalities of claim(s) 60 and 66. For continued examination, the examiner interprets the claim as such: the first frame is disposed on a lingual side of one or more teeth, the first jaw portion has a first surface that engages with the lingual surface of one or more teeth, the second frame is disposed on a buccal side of one or more teeth, and the second jaw portion has a first surface that engages with the buccal surface of one or more teeth.
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.
Claim(s) 22, 29, 31, 33, 35, 37, 54, 56, 60 – 61, 63-64, 66-67, 69-70, and 72 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suttin et al. (US 20160354169 A1) in view of Jung et al. (US 20140205968 A1).
Regarding claim 22, Suttin et al. discloses an automated tooth cutting system for intraoral dental procedure for a subject, the system comprising:
(a) an automated dental drill (ADD) system (100 Fig. 1; [0038 and 0042]), comprising a cutting burr (132 is surgical tool-bits capable of being used to cut a tooth [0080]) configured to automatically cut a target tooth of the subject [0080; The development of a tooth-crown-prep is performed using one or more surgical dental drill-bit tools 132 and/or dental shaver tool-bits 132 to remove portions of a tooth (e.g., occlusal portions) such that the tooth is suitable for receiving a custom crown thereon. The claim language “target tooth” is subjective and thus dependent on the user of the device. “Target tooth” as worded in the claim language refers to the tooth on which treatment would be administered thus, any tooth selected for treatment becomes the “target tooth”]; and
(b) an apparatus (200 Fig. 4) for dental clamping to one or more teeth of the subject (see Fig. 5), the apparatus comprising:
(i) one or more frame portions (220 Figs. 4 and 5) comprising one or more coupling points (222 Figs. 4 and 5), wherein the one or more coupling points reversibly couple the apparatus to the ADD system [0054 lines 10-11]; and
(ii) one or more jaw portions (205 Figs. 4 and 5), each of the one or more jaw portions comprising a second surface (see annotated Fig. 4); wherein the second surface (see annotated Fig. 4) is configured for attachment to the one or more frames (220 Figs. 4 and 5) (see annotated Fig. 4); wherein the one or more jaw portions provide positional reference to the target tooth for the ADD system (the jaw in combination with the frame provide positional reference for the ADD system [0050 line 4, 0056 first sentence]); and wherein the ADD system is configured to cut the teeth target tooth automatically when the apparatus
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is coupled to the ADD and clamped on the one or more teeth [0090].
Suttin et al. is silent regarding the automated dental drill (ADD) system comprising a cutting burr and the one or more jaw portions comprising a rigid material having a first surface, wherein the first surface has a surface contour shape configured to match a surface contour shape of at least a portion of a lingual surface and/or at least a portion of a buccal surface of the one or more teeth of the subject, and the jaw portion is configured to maintain the surface contour shape while the jaw portion is not in contact with the one or more teeth.
Jung et al. teaches a dental cutting system and method with remote cutting guide comprising a cutting burr (26 Figs. 8 – 10, [0039]) and an apparatus (40b Figs. 8-10) for dental clamping to one or more teeth of the subject (see Figs. 8-10), comprising one or more jaw portions (see annotated Fig. 9); wherein one or more jaw portions (see annotated Figs. 9) comprising a rigid material having a first surface (see annotated Figs. 9), wherein the first surface has a surface contour shape (see annotated Figs. 9) configured to match a surface contour shape of at least a portion of a lingual surface and/or at least a portion of a buccal surface of the one or more teeth of the subject (paragraph 0040; The cutting guide and cavity thereof can be custom made for the patient based on a scan of the patient's teeth or mouth, or impression or model thereof. The cutting guide can have buccal, lingual and occlusal walls abutting or located adjacent to or proximal to the respective buccal, lingual and occlusal surface or side of the tooth or teeth), and the jaw portion is configured to maintain the surface contour shape while the jaw portion is not in contact with the one or more teeth (see Figs. 24 and 25, paragraph 0040; the cavity (40 Figs. 6-7) can be custom made based on the patient’s teeth, or impression thus would maintain the contour surface of the cavity
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while not in contact with one or more teeth).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Suttin et al. to be configured such that the ADD system comprises a cutting burr and the one or more jaw portions comprising a rigid material having a first surface, wherein the first surface has a surface contour shape configured to match a surface contour shape of at least a portion of a lingual surface and/or at least a portion of a buccal surface of the one or more teeth of the subject, and the jaw portion is configured to maintain the surface contour shape while the jaw portion is not in contact with the one or more teeth, as taught by Jung et al. One of ordinary skill in the art would have been motivated to make this modification in order to make a device with a cutting burr to cut and shape the tooth to form a cut tooth in a predetermined shape and size while utilizing a cutting guides for precision, as suggested by Jung et al.
Regarding claim 29, Suttin et al./Jung et al. as modified discloses the claimed invention substantially as set forth in claim 22 above. Suttin et al. further discloses the system of claim 29 wherein a relative movement between the apparatus and the ADD system during use is within 1 um to 300 um (Paragraph 0061; Suttin et al. teaches that there is “very little” translational and lateral movement between the dental clamp and ADD but does not explicitly state wherein a relative movement between the apparatus and the ADD system during use is within 1 um to 300 um.
The claimed parameters of relative movement are known to affect results of the tooth cutting system as taught by Suttin [0061], therefore one of ordinary artisan would have a reasonable expectation of success in modifying Suttin et al. to have relative movement within the claimed range. One of ordinary skill in the art would have recognized the need for extremely limited movement when drilling a hole into a patient's tooth. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause the device of Suttin/Jung to maintain relative movement between the apparatus and the ADD system during use to within 1 um to 300 um as a matter of routine optimization since it has been held that "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." MPEP 2144.05 (II)(A)).
Regarding claim 31, Suttin et al./Jung et al. as modified discloses the claimed invention substantially as set forth in claim 22 above. Suttin et al. further discloses the device of claim 31 wherein the positional reference comprises one or more degrees of freedom of positional reference (see Fig 4 and paragraph 0054; the positional reference relative to the origin O has at least one or more degrees of freedom as it can move along line Xc).
Regarding claim 33, Suttin et al./Jung et al. as modified discloses the claimed invention substantially as set forth in claim 22. Suttin et al. is silent regarding claim 33 wherein the shape of the first surface is determined based on surface data of the one or more teeth of the subject, a three-dimensional model of the one or more teeth of the subject, or both.
Jung et al. further teaches the claim of 33 wherein the shape of the first surface is determined based on surface data of the one or more teeth of the subject, a three- dimensional model of the one or more teeth of the subject, or both (paragraph 0040; The cutting guide and cavity thereof can be custom made for the patient based on a scan of the patient's teeth or mouth, or impression or model thereof. The cutting guide can have buccal, lingual and occlusal walls abutting or located adjacent to or proximal to the respective buccal, lingual and occlusal surface or side of the tooth or teeth).
It would have been obvious to one of ordinary skill in the art to modify the device of Suttin et al./Jung et al. to be configured wherein the shape of the first surface is determined based on surface data of the one or more teeth of the subject, a three- dimensional model of the one or more teeth of the subject, or both, as taught by Jung et al. One of ordinary skill in the art would have been motivated to make this modification in order to create a guide piece with a precise fit to a specific tooth or teeth or mouth region of a patient thus allowing for effective cutting of predetermined pattern in the patient’s tooth or teeth, as suggested by Jung et al.
Regarding claim 35, Suttin et al./Jung et al. as modified discloses the claimed invention substantially as set forth in claim 22. Suttin et al. is silent regarding claim 35 wherein the one or more frame portions are formed of a rigid material comprising plastic, composite, metal, glass, porcelain, an alloy, polyether ether ketone (PEEK), polycarbonate, acrylic, or any combination thereof and/or the one or more jaw portions are formed of a material comprising plastic, composite, metal, glass, porcelain, an alloy, polyether ether ketone (PEEK),polycarbonate, acrylic, or any combination thereof.
Jung et al. further teaches the claim of 35 wherein the one or more frame portions (see annotated Fig. 9) are formed of a rigid material comprising plastic (paragraph 0036; The cutting guide (40c which includes the annotated frame portions) can be made from plastic, and can be formed by 3D printing, milling, etc.), composite, metal, glass, porcelain, an alloy, polyether ether ketone (PEEK), polycarbonate, acrylic, or any combination thereof and/or the one or more jaw portions (see annotated Fig. 9) are formed of a material comprising plastic (paragraph 0036; The cutting guide (40c which includes the annotated jaw portions) can be made from plastic, and can be formed by 3D printing, milling, etc.), composite, metal, glass, porcelain, an alloy, polyether ether ketone
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(PEEK),polycarbonate, acrylic, or any combination thereof.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Suttin et al./Jung et al. to be configured such that the one or more frame portions are formed of a rigid material comprising plastic, composite, metal, glass, porcelain, an alloy, polyether ether ketone (PEEK), polycarbonate, acrylic, or any combination thereof and/or the one or more jaw portions are formed of a material comprising plastic, composite, metal, glass, porcelain, an alloy, polyether ether ketone (PEEK),polycarbonate, acrylic, or any combination thereof, as taught by Jung et al. One of ordinary skill in the art would have been motivated to make this modification in order to create a cutting guide that can be easily manufactured using plastic formed by 3D printing, as suggested by Jung et al.
Please note the claim 37 is considered product-by-process, the resultant one or more jaws being present is given patentable weight regardless of their method of fabrication.
Regarding claim 37, Suttin et al./Jung et al. as modified discloses the claimed invention substantially as set forth in claim 22. Suttin et al. further discloses system of claim 37, wherein the one or more jaw portions (205 Fig. 4) are fabricated using three-dimensional printing, molding, casting, computer numerical control (CNC) machining, or any combination thereof (Though Suttin does not disclose a fabrication method, it is understood that the rigid jaw may be fabricated using three-dimensional printing, molding, casting, computer numerical control (CNC) machining, or any combination thereof. Further Jung et al. teaches the cutting guide can be made from milling, machining, 3D printing (paragraph 0095 and 0100; The cutting guide (40c which includes the annotated jaw portions) can be made from plastic, and can be formed by 3D printing, milling, etc.)).
Regarding claim 54, Suttin et al./Jung et al. as modified discloses the claimed invention substantially as set forth in claim 22. Suttin et al. further discloses the automated tooth cutting system of claim 54, wherein the ADD system (100 Fig. 1; [0038 and 0042]) comprises:
(i) an end effector (141b Fig. 2), comprising said cutting burr (132; paragraph 0046; …a second opposing end 141b that is configured to be coupled with one of the surgical tool-bits 132 via a tool 155 to be used in performing a procedure)
(ii) a translational drive assembly (all components of arm 140, Fig. 1) configured to move the end effector (as described in Suttin et al. [0046- 0049], especially [0047 lines 8-13, 0049 lines 1-2]); and
(iii) a control system (121, Fig. 1), comprising at least one processor (paragraph 0043; The computer 121 can include controllers, processors, memory devices…), and configured to control movement of the end effector by the translational drive assembly (paragraph 0043; The computer 121 is specially programmed and improved for controlling and/or tracking/tracing the working arm 140 (the drive assembly, to which the end effector (141b) is attached (see Fig. 1)…).
Regarding claim 56, Suttin et al. discloses an automated tooth cutting system for intraoral dental procedure for a subject, the system comprising:
(a) an automated dental drill (ADD) system (100 Fig. 1; [0038 and 0042]), comprising a cutting burr (132 is surgical tool-bits capable of being used to cut a tooth [0080]) configured to automatically cut a target tooth of the subject [0080; The development of a tooth-crown-prep is performed using one or more surgical dental drill-bit tools 132 and/or dental shaver tool-bits 132 to remove portions of a tooth (e.g., occlusal portions) such that the tooth is suitable for receiving a custom crown thereon. The claim language “target tooth” is subjective and thus dependent on the user of the device. “Target tooth” as worded in the claim language refers to the tooth on which treatment would be administered thus, any tooth selected for treatment becomes the “target tooth”]; and
(b) an apparatus (200 Fig. 4) for dental clamping to one or more teeth of the subject (see Fig. 5), the apparatus comprising:
(i) one or more frame portions (220 Figs. 4 and 5) comprising one or more coupling points (222 Figs. 4 and 5), wherein the one or more coupling points reversibly couple the apparatus to the ADD system [0054 lines 10-11]; and
(ii) one or more jaw portions (205, Fig. 4), each of the one or more jaw portions comprising a rigid material (207a/207b Fig. 4) having a first surface and second surface (see annotated Fig. 4), wherein the first surface has a 3D shape (see annotated Fig. 4) configured to match a 3D shape of at least a portion of a lingual surface and/or at least a portion of a buccal surface of one or more teeth of the subject (see Fig. 5; paragraph 0057), and the jaw portion is configured to maintain the 3D shape while the jaw portion is not in contact with the one or more teeth (see Fig. 4; the 3D shape of the first surface as annotated in the annotated Fig. 4, maintains the 3D shape while the jaw portion is not in contact with one or more teeth); wherein the second surface (annotated Fig. 4, the outside of body 205) is configured for attachment to the one or more frame portions (annotated Fig. 4); wherein the one or more jaw portions provide positional reference to the target tooth for the ADD system (the jaw in combination with the frame provide positional reference for the ADD system [0050 line 4, 0056 first sentence]); and wherein the ADD system is configured to cut the target tooth automatically when the apparatus is coupled to the ADD and
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clamped on the one or more teeth [0090].
Suttin et al. is silent regarding the automated dental drill (ADD) system comprising a cutting burr and the one or more jaw portions comprising a rigid material having a first surface, wherein the first surface has a 3D shape configured to match a 3D shape of at least a portion of a lingual surface and/or at least a portion of a buccal surface of the one or more teeth of the subject, and the jaw portion is configured to maintain the 3D shape while the jaw portion is not in contact with the one or more teeth.
Jung et al. teaches a dental cutting system and method with remote cutting guide comprising a cutting burr (26 Figs. 8 – 10, [0039]) and an apparatus (40b Figs. 8-10) for dental clamping to one or more teeth of the subject (see Figs. 8-10), comprising one or more jaw portions (see annotated Fig. 9); wherein one or more jaw portions (see annotated Figs. 9) comprising a rigid material having a first surface (see annotated Figs. 9), wherein the first surface has a 3D shape (see annotated Figs. 8-9) configured to match a 3D shape of at least a portion of a lingual surface and/or at least a portion of a buccal surface of the one or more teeth of the subject (paragraph 0040; The cutting guide and cavity thereof can be custom made for the patient based on a scan of the patient's teeth or mouth, or impression or model thereof. The cutting guide can have buccal, lingual and occlusal walls abutting or located adjacent to or proximal to the respective buccal, lingual and occlusal surface or side of the tooth or teeth), and the jaw portion is configured to maintain the 3D shape while the jaw portion is not in contact with the one or more teeth (see Figs. 8-10, paragraph 0040; the cavity (44 Figs. 6 and 7) can be custom made based on the patient’s teeth, or impression thus would maintain the contour surface of the cavity while not in contact with one or more teeth).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Suttin et al. to be configured such that the ADD system comprises a cutting burr and the one or more jaw portions comprising a rigid material having a first surface, wherein the first surface has a 3D shape configured to match a 3D shape of at least a portion of a lingual surface and/or at least a portion of a buccal surface of the one or more teeth of the subject, and the jaw portion is configured to maintain the 3D shape while the jaw portion is not in contact with the one or more teeth, as taught by Jung et al. One of ordinary skill in the art would have been motivated to make this modification in order to make a device with a cutting burr to cut and shape the tooth to form a cut tooth in a predetermined shape and size while utilizing a cutting guides for precision, as suggested by Jung et al.
Regarding claim 60, Suttin et al./Jung et al. as modified discloses the claimed invention substantially as set forth in claim 22. Suttin et al. is silent regarding the device of claim 60 wherein:
(a) the one or more frame portions comprise a first frame portion and a second frame portion, the first and second frame portions being configured for disposition, respectively, on a buccal and a lingual side of the one or more teeth, when the apparatus is clamped thereon;
(b) the one or more jaw portions comprise a first jaw portion and a second jaw portion, the first and second jaw portions being configured to engage with, respectively, the buccal and lingual sides of the one or more teeth, when the apparatus is clamped thereon;
(c) the first surface of the first jaw portion has a surface contour shape configured to match a surface contour shape of at least a portion of the lingual surface the one or more teeth of the subject, and the second surface of the first jaw portion is configured for attachment to the first frame portion; and
(d) the first surface of the second jaw portion has a surface contour shape configured to match a surface contour shape of at least a portion of the buccal surface the one or more teeth of the subject, and the second surface of the second jaw portion is configured for attachment to the second frame portion.
However, Jung et al. further teaches the claim of 60, wherein (see claim object above for examiner’s interpretation):
(a) the one or more frame portions comprise a first frame portion and a second frame portion (see annotated Fig. 8-10), the first and second frame portions being configured for disposition, respectively, on a buccal and a lingual side of the one or more teeth, when the apparatus is clamped thereon (see annotated Fig. 8-10);
(b) the one or more jaw portions comprise a first jaw portion and a second jaw portion (see annotated Fig. 8-10), the first and second jaw portions being configured to engage with, respectively, the buccal and lingual sides of the one or more teeth, when the apparatus is clamped thereon (see annotated Fig. 8-10);
(c) the first surface of the first jaw portion has a surface contour shape configured to match a surface contour shape of at least a portion of the lingual surface the one or more teeth of the subject (see annotated Figs. 8-10), and the second surface of the first jaw portion is configured for attachment to the first frame portion (see annotated Figs. 8-10); and
(d) the first surface of the second jaw portion has a surface contour shape configured to match a surface contour shape of at least a portion of the buccal surface the one or more teeth of the subject (see annotated Figs. 8-10), and the second surface of the second jaw portion is configured for attachment to the second frame portion(see annotated Figs. 8-10).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Suttin et al./Jung et al. to be configured wherein (a) the one or more frame portions comprise a first frame portion and a second frame portion, the first and second frame portions being configured for disposition, respectively, on a buccal and a lingual side of the one or more teeth, when the apparatus is clamped thereon;(b) the one or more jaw portions comprise a first jaw portion and a second jaw portion, the first and second jaw portions being configured to engage with, respectively, the buccal and lingual sides of the one or more teeth, when the apparatus is clamped thereon;(c) the first surface of the first jaw portion has a surface contour shape configured to match a surface contour shape of at least a portion of the lingual surface the one or more teeth of the subject, and the second surface of the first jaw portion is configured for attachment to the first frame portion; and(d) the first surface of the second jaw portion has a surface contour shape configured to match a surface contour shape of at least a portion of the buccal surface the one or more teeth of the subject, and the second surface of the second jaw portion is configured for attachment to the second frame portion, as taught by Jung et al. One of ordinary skill in the art would have been motivated to make this modification in order to make a device with a cutting burr to cut and shape the tooth to form a cut tooth in a predetermined shape and size while utilizing a cutting guides which are configured to engage the contours of the lingual and buccal surfaces of the teeth thus, increasing the precision of the cutting process, as suggested by Jung et al.
Regarding claim 61, Suttin et al./Jung et al. as modified discloses the claimed invention substantially as set forth in claim 60. Suttin et al. is silent regarding the device of claim 61 wherein the first and second frame portions and the first and second jaw portions are elongate in respective length directions, which extend along a buccal and a lingual side of the one or more teeth, respectively, when the apparatus is clamped to the one or more teeth.
However, Jung et al. further teaches the claim of 61 wherein the first and second frame portions (see annotated Fig. 8-10) and the first and second jaw portions are elongate in respective length directions (see annotated Fig. 8-10), which extend along a buccal and a lingual side of the one or more teeth (see annotated Fig. 8-10), respectively, when the apparatus is clamped to the one or more teeth (see annotated Fig. 8-10; note that when clamped to the one or more teeth as illustrated in Fig. 8, the first and second frame portions/ first and second jaw portions would be elongate in respective directions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Suttin et al./Jung et al. to be configured such that the first and second frame portions and the first and second jaw portions are elongate in respective length directions, which extend along a buccal and a lingual side of the one or more teeth, respectively, when the apparatus is clamped to the one or more teeth. One of ordinary skill in the art would have been motivated to make this modification as described in claim 60 above.
Regarding claim 63, Suttin et al./Jung et al. as modified discloses the claimed invention substantially as set forth in 61. Suttin et al. is silent regarding claim 63 wherein the one or more teeth comprise a plurality of teeth.
Jung et al. further teaches an analogous device comprising an apparatus for dental clamping (40b Fig. 8; paragraph 0043); the apparatus comprising one or more frame portions elongate in respective length directions, which extend along a buccal and a lingual side of the one or more teeth (see Figs. 1, 8 – 10). Regarding claim 63, Jung et al. further teaches the claim of 63 wherein the one or more teeth comprise a plurality of teeth (14 and 14b, Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Suttin et al./Jung et al. to be configured such that the one or more teeth clamped by the apparatus comprises a plurality of teeth, as taught by Jung et al. One of ordinary skill in the art would have been motivated to make this modification in order to make a cutting guide that fits across a larger surface area when placed on patient’s teeth thus allowing for effective cutting of a target tooth, as suggested by Jung et al.
Regarding claim 64, Suttin et al./Jung et al./Jung et al. as modified discloses the claimed invention substantially as set forth in 63. Suttin et al. is silent regarding claim 64 wherein the plurality of teeth comprises the target tooth.
Jung et al. further teaches an analogous device comprising an apparatus for dental clamping (40b Fig. 8; paragraph 0043); the apparatus comprising one or more frame portions elongate in respective length directions, which extend along a buccal and a lingual side of the one or more teeth (see Figs. 1, 8 – 10). Regarding claim 64, Jung et al. further teaches the claim of 64 wherein the plurality of teeth (14 and 14b, Fig. 1) comprises the target tooth (14 Figs. 1 and 6 -7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Suttin et al./Jung et al. to be configured such that the plurality of teeth comprises the target tooth, as taught by Jung et al. One of ordinary skill in the art would have been motivated to make this modification in order to make a cutting guide that fits across a larger surface area when placed on patient’s teeth thus allowing for effective cutting of a target tooth, as suggested by Jung et al.
Regarding claim 66, Suttin et al./Jung et al. as modified discloses the claimed invention substantially as set forth in claim 56. Suttin et al. is silent regarding the device of claim 66 wherein:
(a) the one or more frame portions comprise a first frame portion and a second frame portion, the first and second frame portions being configured for disposition, respectively, on a buccal and a lingual side of the one or more teeth, when the apparatus is clamped thereon;
(b) the one or more jaw portions comprise a first jaw portion and a second jaw portion, the first and second jaw portions being configured to engage with, respectively, the buccal and lingual sides of the one or more teeth, when the apparatus is clamped thereon;
(c) the first surface of the first jaw portion has a surface contour shape configured to match a surface contour shape of at least a portion of the lingual surface the one or more teeth of the subject, and the second surface of the first jaw portion is configured for attachment to the first frame portion; and
(d) the first surface of the second jaw portion has a surface contour shape configured to match a surface contour shape of at least a portion of the buccal surface the one or more teeth of the subject, and the second surface of the second jaw portion is configured for attachment to the second frame portion.
However, Jung et al. further teaches the claim of 66, wherein (see claim object above for examiner’s interpretation):
(a) the one or more frame portions comprise a first frame portion and a second frame portion (see annotated Fig. 8-10), the first and second frame portions being configured for disposition, respectively, on a buccal and a lingual side of the one or more teeth, when the apparatus is clamped thereon (see annotated Fig. 8-10);
(b) the one or more jaw portions comprise a first jaw portion and a second jaw portion (see annotated Fig. 8-10), the first and second jaw portions being configured to engage with, respectively, the buccal and lingual sides of the one or more teeth, when the apparatus is clamped thereon (see annotated Fig. 8-10);
(c) the first surface of the first jaw portion has a surface contour shape configured to match a surface contour shape of at least a portion of the lingual surface the one or more teeth of the subject (see annotated Figs. 8-10), and the second surface of the first jaw portion is configured for attachment to the first frame portion (see annotated Figs. 8-10); and
(d) the first surface of the second jaw portion has a surface contour shape configured to match a surface contour shape of at least a portion of the buccal surface the one or more teeth of the subject (see annotated Figs. 8-10), and the second surface of the second jaw portion is configured for attachment to the second frame portion(see annotated Figs. 8-10).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Suttin et al./Jung et al. to be configured wherein (a) the one or more frame portions comprise a first frame portion and a second frame portion, the first and second frame portions being configured for disposition, respectively, on a buccal and a lingual side of the one or more teeth, when the apparatus is clamped thereon;(b) the one or more jaw portions comprise a first jaw portion and a second jaw portion, the first and second jaw portions being configured to engage with, respectively, the buccal and lingual sides of the one or more teeth, when the apparatus is clamped thereon;(c) the first surface of the first jaw portion has a surface contour shape configured to match a surface contour shape of at least a portion of the lingual surface the one or more teeth of the subject, and the second surface of the first jaw portion is configured for attachment to the first frame portion; and(d) the first surface of the second jaw portion has a surface contour shape configured to match a surface contour shape of at least a portion of the buccal surface the one or more teeth of the subject, and the second surface of the second jaw portion is configured for attachment to the second frame portion, as taught by Jung et al. One of ordinary skill in the art would have been motivated to make this modification in order to make a device with a cutting burr to cut and shape the tooth to form a cut tooth in a predetermined shape and size while utilizing a cutting guides which are configured to engage the contours of the lingual and buccal surfaces of the teeth thus, increasing the precision of the cutting process, as suggested by Jung et al.
Regarding claim 67, Suttin et al./Jung et al. as modified discloses the claimed invention substantially as set forth in claim 66. Suttin et al. is silent regarding the device of claim 67 wherein the first and second frame portions and the first and second jaw portions are elongate in respective length directions, which extend along a buccal and a lingual side of the one or more teeth, respectively, when the apparatus is clamped to the one or more teeth.
However, Jung et al. further teaches the claim of 67 wherein the first and second frame portions (see annotated Fig. 8-10) and the first and second jaw portions are elongate in respective length directions (see annotated Fig. 8-10), which extend along a buccal and a lingual side of the one or more teeth (see annotated Fig. 8-10), respectively, when the apparatus is clamped to the one or more teeth (see annotated Fig. 8-10; note that when clamped to the one or more teeth as illustrated in Fig. 8, the first and second frame portions/ first and second jaw portions would be elongate in respective directions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Suttin et al./Jung et al. to be configured such that the first and second frame portions and the first and second jaw portions are elongate in respective length directions, which extend along a buccal and a lingual side of the one or more teeth, respectively, when the apparatus is clamped to the one or more teeth. One of ordinary skill in the art would have been motivated to make this modification as described in claim 60 above.
Regarding claim 69, Suttin et al./Jung et al. as modified discloses the claimed invention substantially as set forth in 67. Suttin et al. is silent regarding claim 69 wherein the one or more teeth comprise a plurality of teeth.
Jung et al. further teaches an analogous device comprising an apparatus for dental clamping (40b Fig. 8; paragraph 0043); the apparatus comprising one or more frame portions elongate in respective length directions, which extend along a buccal and a lingual side of the one or more teeth (see Figs. 1, 8 – 10). Regarding claim 69, Jung et al. further teaches the claim of 69 wherein the one or more teeth comprise a plurality of teeth (14 and 14b, Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Suttin et al./Jung et al. to be configured such that the one or more teeth clamped by the apparatus comprises a plurality of teeth, as taught by Jung et al. One of ordinary skill in the art would have been motivated to make this modification in order to make a cutting guide that fits across a larger surface area when placed on patient’s teeth thus allowing for effective cutting of a target tooth, as suggested by Jung et al.
Regarding claim 70, Suttin et al./Jung et al./Jung et al. as modified discloses the claimed invention substantially as set forth in 69. Suttin et al. is silent regarding claim 70 wherein the plurality of teeth comprises the target tooth.
Jung et al. teaches an analogous device comprising an apparatus for dental clamping (40b Fig. 8; paragraph 0043); the apparatus comprising one or more frame portions elongate in respective length directions, which extend along a buccal and a lingual side of the one or more teeth (see Figs. 1, 8 – 10). Regarding claim 70, Jung et al. further teaches the claim of 64 wherein the plurality of teeth (14 and 14b, Fig. 1) comprises the target tooth (14 Figs. 1 and 6 -7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Suttin et al./Jung et al. to be configured such that the plurality of teeth comprises the target tooth, as taught by Jung et al. One of ordinary skill in the art would have been motivated to make this modification in order to make a cutting guide that fits across a larger surface area when placed on patient’s teeth thus allowing for effective cutting of a target tooth, as suggested by Jung et al.
Regarding claim 72, Suttin et al./Jung et al. as modified discloses the claimed invention substantially as set forth in claim 56. Suttin et al. further discloses the automated tooth cutting system of claim 72, wherein the ADD system (100 Fig. 1; [0038 and 0042]) comprises:
(a) an end effector (141b Fig. 2), comprising said cutting burr (132; paragraph 0046; …a second opposing end 141b that is configured to be coupled with one of the surgical tool-bits 132 via a tool 155 to be used in performing a procedure)
(b) a translational drive assembly (all components of arm 140, Fig. 1) configured to move the end effector (as described in Suttin et al. [0046- 0049], especially [0047 lines 8-13, 0049 lines 1-2]); and
(iii) a control system (121, Fig. 1), comprising at least one processor (paragraph 0043; The computer 121 can include controllers, processors, memory devices…), and configured to control movement of the end effector by the translational drive assembly (paragraph 0043; The computer 121 is specially programmed and improved for controlling and/or tracking/tracing the working arm 140 (the drive assembly, to which the end effector (141b) is attached (see Fig. 1)…).
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suttin et al. (US 20160354169 A1) in view of Jung et al. (US 20140205968 A1) and further in view of LV et al. (US 20160367336 A1).
Suttin et al./Jung et al. as modified discloses the claimed invention substantially as set forth in 22. Suttin et al./Jung et al. discloses the system of claim 22, wherein the legs 207a and 207b (Suttin et al. Fig. 4) may comprise bores [Suttin et al., 0055 second sentence] but is silent regarding further comprising one or more suction coupling ports configured to connect to an orifice within the one or more jaw portions, within the one or more frame portions, or within the one or more jaw portions and the one or more frame portions.
LV et al. teaches an apparatus for dental clamping (Fig. 6)[0120] comprising one or more suction coupling ports configured to connect to an orifice within the one or more frame portions (the top and side faces seen in Fig. 6 and described in [0121 lines 1-5]) [0124 lines 1-2 and 5-7].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause the legs 207a or 207b of Suttin et al. to include suction coupling ports as taught in LV et al. for the purpose of removing debris generated in the mouth during the tooth cutting process [LV et al. 0124 final line].
Claim(s) 62, 65, 68, and 71 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suttin et al. (US 20160354169 A1) in view of Jung et al. (US 20140205968 A1) and further in view of Kim (KR 20010047890 A).
Regarding claim 62, Suttin et al./Jung et al. as modified discloses the claimed invention substantially as set forth in 61. Suttin et al./Jung et al. is silent regarding claim 62 wherein the apparatus further comprises a compression mechanism, which is operable to squeeze the first frame portion and the first jaw portion towards the second frame portion and the second jaw portion, so as to clamp the apparatus onto the one or more teeth.
Kim teaches an analogous system (drawing 2) comprising a cutting burr (see annotated drawing 2) and an apparatus for dental clamping (10 drawing 2), the apparatus comprising one or more frame portions (11/12, drawing 2) and one or more jaw portions (see annotated zoomed-in drawing 2). Regarding claim 62, Kim further teaches the analogous device (drawing 2) wherein the apparatus (10 drawing 2) further comprises a compression mechanism (13 drawing 2), which is operable to squeeze the first frame portion (12, drawing 2 and zoomed-in drawing 2) and the first jaw portion (see annotated zoomed-in drawing 2) towards the second frame portion (11, drawing 2 and zoomed-in drawing 2) and the second jaw portion(see annotated zoomed-in drawing 2), so as to clamp the apparatus onto the one or more teeth (drawing 8; paragraph 0033; …the tooth coupling part 10 includes a fixed block 11, a moving block 12 disposed to face the fixed block 11 and moving left and right to be coupled to a specific tooth, and a pinion 13 coupled to a rack formed in the moving block 12 to
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provide power for the moving block 12 to move left and right).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Suttin et al./Jung et al. to be configured such that apparatus for dental clamping further comprises a compression mechanism, which is operable to squeeze the first frame portion and the first jaw portion towards the second frame portion and the second jaw portion, so as to clamp the apparatus onto the one or more teeth, as taught by Kim. One of ordinary skill in the art would have been motivated to make this modification in order create a device with a mechanism to adjust the gap between the first frame portion and second frame portion, ensuring effective anchoring of the device to the teeth to ensure precise cutting of the teeth, as suggested by Kim.
Regarding claim 65, Suttin et al./Jung et al. as modified discloses the claimed invention substantially as set forth in 60. Suttin et al./Jung et al. is silent regarding claim 65 wherein the apparatus further comprises a compression mechanism, which is operable to squeeze the first frame portion and the first jaw portion towards the second frame portion and the second jaw portion, so as to clamp the apparatus onto the one or more teeth.
Kim teaches an analogous system (drawing 2) comprising a cutting burr (see annotated drawing 2) and an apparatus for dental clamping (10 drawing 2), the apparatus comprising one or more frame portions (11/12, drawing 2) and one or more jaw portions (see annotated zoomed-in drawing 2). Regarding claim 65, Kim further teaches the analogous device (drawing 2) wherein the apparatus (10 drawing 2) further comprises a compression mechanism (13 drawing 2), which is operable to squeeze the first frame portion (12, drawing 2 and zoomed-in drawing 2) and the first jaw portion (see annotated zoomed-in drawing 2) towards the second frame portion (11, drawing 2 and zoomed-in drawing 2) and the second jaw portion(see annotated zoomed-in drawing 2), so as to clamp the apparatus onto the one or more teeth (drawing 8; paragraph 0033; …the tooth coupling part 10 includes a fixed block 11, a moving block 12 disposed to face the fixed block 11 and moving left and right to be coupled to a specific tooth, and a pinion 13 coupled to a rack formed in the moving block 12 to
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provide power for the moving block 12 to move left and right).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Suttin et al./Jung et al. to be configured such that apparatus for dental clamping further comprises a compression mechanism, which is operable to squeeze the first frame portion and the first jaw portion towards the second frame portion and the second jaw portion, so as to clamp the apparatus onto the one or more teeth, as taught by Kim. One of ordinary skill in the art would have been motivated to make this modification in order create a device with a mechanism to adjust the gap between the first frame portion and second frame portion, ensuring effective anchoring of the device to the teeth to ensure precise cutting of the teeth, as suggested by Kim.
Regarding claim 68, Suttin et al./Jung et al. as modified discloses the claimed invention substantially as set forth in 67. Suttin et al./Jung et al. is silent regarding claim 68 wherein the apparatus further comprises a compression mechanism, which is operable to squeeze the first frame portion and the first jaw portion towards the second frame portion and the second jaw portion, so as to clamp the apparatus onto the one or more teeth.
Kim teaches an analogous system (drawing 2) comprising a cutting burr (see annotated drawing 2) and an apparatus for dental clamping (10 drawing 2), the apparatus comprising one or more frame portions (11/12, drawing 2) and one or more jaw portions (see annotated zoomed-in drawing 2). Regarding claim 62, Kim further teaches the analogous device (drawing 2) wherein the apparatus (10 drawing 2) further comprises a compression mechanism (13 drawing 2), which is operable to squeeze the first frame portion (12, drawing 2 and zoomed-in drawing 2) and the first jaw portion (see annotated zoomed-in drawing 2) towards the second frame portion (11, drawing 2 and zoomed-in drawing 2) and the second jaw portion(see annotated zoomed-in drawing 2), so as to clamp the apparatus onto the one or more teeth (drawing 8; paragraph 0033; …the tooth coupling part 10 includes a fixed block 11, a moving block 12 disposed to face the fixed block 11 and moving left and right to be coupled to a specific tooth, and a pinion 13 coupled to a rack formed in the moving block 12 to
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provide power for the moving block 12 to move left and right).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Suttin et al./Jung et al. to be configured such that apparatus for dental clamping further comprises a compression mechanism, which is operable to squeeze the first frame portion and the first jaw portion towards the second frame portion and the second jaw portion, so as to clamp the apparatus onto the one or more teeth, as taught by Kim. One of ordinary skill in the art would have been motivated to make this modification in order create a device with a mechanism to adjust the gap between the first frame portion and second frame portion, ensuring effective anchoring of the device to the teeth to ensure precise cutting of the teeth, as suggested by Kim.
Regarding claim 71, Suttin et al./Jung et al. as modified discloses the claimed invention substantially as set forth in 66. Suttin et al./Jung et al. is silent regarding claim 71 wherein the apparatus further comprises a compression mechanism, which is operable to squeeze the first frame portion and the first jaw portion towards the second frame portion and the second jaw portion, so as to clamp the apparatus onto the one or more teeth.
Kim teaches an analogous system (drawing 2) comprising a cutting burr (see annotated drawing 2) and an apparatus for dental clamping (10 drawing 2), the apparatus comprising one or more frame portions (11/12, drawing 2) and one or more jaw portions (see annotated zoomed-in drawing 2). Regarding claim 62, Kim further teaches the analogous device (drawing 2) wherein the apparatus (10 drawing 2) further comprises a compression mechanism (13 drawing 2), which is operable to squeeze the first frame portion (12, drawing 2 and zoomed-in drawing 2) and the first jaw portion (see annotated zoomed-in drawing 2) towards the second frame portion (11, drawing 2 and zoomed-in drawing 2) and the second jaw portion(see annotated zoomed-in drawing 2), so as to clamp the apparatus onto the one or more teeth (drawing 8; paragraph 0033; …the tooth coupling part 10 includes a fixed block 11, a moving block 12 disposed to face the fixed block 11 and moving left and right to be coupled to a specific tooth, and a pinion 13 coupled to a rack formed in the moving block 12 to
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provide power for the moving block 12 to move left and right).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Suttin et al./Jung et al. to be configured such that apparatus for dental clamping further comprises a compression mechanism, which is operable to squeeze the first frame portion and the first jaw portion towards the second frame portion and the second jaw portion, so as to clamp the apparatus onto the one or more teeth, as taught by Kim. One of ordinary skill in the art would have been motivated to make this modification in order create a device with a mechanism to adjust the gap between the first frame portion and second frame portion, ensuring effective anchoring of the device to the teeth to ensure precise cutting of the teeth, as suggested by Kim.
Conclusion
THIS ACTION IS MADE FINAL. 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 CHIEMERIE C AZUBUOGU whose telephone number is (571)272-0664. The examiner can normally be reached Monday - Thursday 8:00 AM - 6:00PM.
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/C.A./ Patent Examiner, Art Unit 3772 /ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
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