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 .
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.
Claims 1, 6, 9-12, 14-16, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Kopelman (WO 2017007964 A1) in view of Chang (KR 102202863 B1 and translated PDF) in view of Kuo et al (U.S. Patent No. 2011/0269092 A1, hereinafter “Kuo”).
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In regard to claim 1, Kopelman discloses a method of forming a dental aligner (Figs. 1A-1C, 4B, 5B, 16, and 38-39), comprising:
determining a first orientation and a second orientation of a tooth of a virtual model of a patient's teeth as part of a treatment plan (3810 in Fig. 38, paras. 00323-00325);
forming a virtual dental aligner for moving the tooth from the first orientation to the second orientation (3830 in Fig. 38, paras. 00328 and 00332-00334), wherein forming the virtual dental aligner includes adjusting at least a portion of a gingival edge of a virtual shell (512 in Fig. 5B, paras. 00124, 00328 and 00332-00334) in a direction away from a dental arch (Fig. 5B and para, 00124), the gingival edge defining a gingival edge profile around the virtual shell (Fig. 1A), wherein the at least a portion of the gingival edge extends along at least one of an outer side of the tooth (Figs. 1A and 5B, para. 00124);
wherein a portion of the gingival edge includes at least one corrugation pocket (pocket in annotated Fig. 4B, paras. 00118 and 00205, stiffen the gingival edge against lateral deflection induced, for example, by force from a coupled elastic) that extends from the portion of the gingival edge, into a cavity of the virtual aligner that receives a second tooth (Figs. 4B and 16, paras. 0118 and 00205); and
forming the dental aligner based on the virtual dental aligner with the adjusted gingival edge (Fig. 39, paras. 00337-00340),
Kopelman does not disclose adjusting at least a first portion of a gingival edge in a direction toward a root apex of the tooth to relieve pressure on a first portion of the patient's gingiva, wherein forming the virtual dental aligner further comprises adjusting at least a second portion of the gingival edge in a direction toward a root apex of a second tooth to relieve pressure on a second portion of the patient's gingiva, and wherein the at least second portion of the gingival edge includes at least one corrugation pocket that extends to less than a crown of the second tooth.
Chang teaches an apparatus (Figs. 9-10) comprising a dental aligner (10 in Fig. 9, para. 0061) wherein at least a first portion of a gingival edge of a shell (portion 1 in annotated Fig. 9) is adjusted in a direction toward a root apex of the tooth to relieve pressure on a first portion of the patient's gingiva (Fig. 9, para. 0061), the gingival edge defining a gingival edge profile around the virtual shell (Fig. 9, para. 0061), wherein the at least first portion of the gingival edge extends along at least one of an outer side of the tooth (Fig. 9), wherein forming the dental aligner further comprises adjusting at least a second portion of the gingival edge of the shell (portion 2 in annotated Fig. 9) in a direction toward a root apex of a second tooth to relieve pressure on a second portion of the patient's gingiva (Fig. 9, para. 0061).
Kuo teaches a method of forming a dental aligner (para. 0050, Fig. 10) wherein at least a second portion of a gingival edge (gingival edge portion in annotated Fig. 10) includes at least one corrugation pocket (72 in Fig. 10, para. 0046, formed around a male mold protrusion) that extends from the at least second portion of the gingival edge (Fig. 10, para. 0046), into a cavity (cavity in annotated Fig. 10) of a virtual aligner (paras. 0046 and 0050) that receives a second tooth (tooth in annotated Fig. 10) and extends to less than a crown of the second tooth (Fig. 10).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of dental aligners.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Kopelman by specifying the method further includes adjusting at least a first portion of a gingival edge in a direction toward a root apex of the tooth to relieve pressure on a first portion of the patient's gingiva, and further comprises adjusting at least a second portion of the gingival edge in a direction toward a root apex of a second tooth to relieve pressure on a second portion of the patient's gingiva as taught by Chang in order to allow for prevention of muscle interference of the cheeks with the gums and teeth in order to induce expansion and growth of the maxillary arch (Chang para. 061).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the corrugation pocket of the method of Kopelman in view of Chang in by specifying that the at least second portion of the gingival edge of Kopelman in view of Chang includes the at least one corrugation pocket that extends from the at least second portion of the gingival edge to less than a crown of the second tooth as taught by Kuo in order to allow for stiffening the gingival edge against lateral deflection (para. 0046) without necessarily reducing tooth receiving/engaging surfaces of an appliance cavity (para. 0030).
In regard to claim 6, Kopelman in view of Chang in view of Kuo discloses the invention of claim 1. Kopelman further discloses wherein moving the tooth from the first orientation to the second orientation is in accordance with a stage of the treatment plan (para. 0071).
In regard to claim 9, Kopelman in view of Chang in view of Kuo discloses the invention of claim 1. Kopelman further discloses further comprising forming at least one attachment feature (106 in Fig. 1A) within the virtual dental aligner (paras. 00328 and 00332-00334) that is shaped and sized to accept a corresponding at least one dental attachment (104 in Fig. 1A) attached to the tooth (Fig. 1A, para. 0069).
In regard to claim 10, Kopelman in view of Chang in view of Kuo discloses the invention of claim 9. Kopelman further discloses wherein interaction of the at least one dental attachment (104 in Fig. 1A, para. 0069) with the at least one attachment feature (106 in Fig. 1A, para. 0069) modifies a net repositioning force vector applied by the virtual dental aligner to the tooth (para. 00116 and 00332-00334; any repositioning forces exerted will have a net repositioning force vector).
In regard to claim 11, Kopelman in view of Chang in view of Kuo discloses the invention of claim 1. Kopelman does not disclose further comprising forming at least a third portion of the gingival edge of the dental aligner at a gumline of the virtual model.
Chang further teaches forming at least a third portion of the gingival edge (portion 3 in annotated Fig. 9) of the dental aligner at a gumline of the model (Fig. 9, para. 0062).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of dental aligners. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Kopelman in view of Chang in view of Kuo by specifying the method further includes forming at least a third portion of the gingival edge of the dental aligner at a gumline of the model as taught by Chang in order to allow for forward growth of the maxilla and treatment of Class 3 malocclusion (Chang para. 062).
In regard to claim 12, Kopelman discloses a method of forming a dental aligner (Figs. 1A-1C, 4B, 5B, 16, and 38-39), comprising:
determining a first orientation and a second orientation of a first tooth of a virtual model of a patient's teeth as part of a treatment plan (3810 in Fig. 38, paras. 00323-00325);
forming a virtual dental aligner for moving the first tooth from the first orientation to the second orientation (3830 in Fig. 38, paras. 00328 and 00332-00334), wherein forming the virtual dental aligner includes adjusting at least a portion of a gingival edge of a virtual shell (512 in Fig. 5B, paras. 00124, 00328 and 00332-00334) in a direction away from a dental arch (Fig. 5B and para, 00124), wherein the at least the portion of the gingival edge extends along an outer side of the first tooth (Figs. 1A and 5B, para. 00124);
wherein a portion of the gingival edge includes at least one corrugation pocket (pocket in annotated Fig. 4B, paras. 00118 and 00205, stiffen the gingival edge against lateral deflection induced, for example, by force from a coupled elastic) that extends from the portion of the gingival edge, into a cavity of the virtual aligner that receives a second tooth (Figs. 4B and 16, paras. 0118 and 00205); and
forming the dental aligner based on the virtual dental aligner with the adjusted gingival edge (Fig. 39, paras. 00337-00340).
Kopelman does not disclose adjusting the least a first portion of a gingival edge to relieve pressure on a first portion of the patient's gingiva, and adjusting the second portion of the gingival edge of the virtual shell to relieve pressure on a second portion of the patient's gingiva, the gingival edge having an edge profile that is the furthest gingival extent of a wall of the virtual shell, wherein the second portion of the gingival edge extends along at least one of an outer side of the second tooth or an inner side of the second tooth, wherein the second portion of the gingival edge includes at least one corrugation pocket that extends to less than a crown of the second tooth.
Chang teaches an apparatus (Figs. 9-10) comprising a dental aligner (10 in Fig. 9, para. 0061) wherein at least a first portion of a gingival edge of a shell (portion 1 in annotated Fig. 9) is adjusted to relieve pressure on a first portion of the patient's gingiva (Fig. 9, para. 0061), and adjusting a second portion of the gingival edge of the shell (portion 2 in annotated Fig. 9) in a direction to relieve pressure on a second portion of the patient's gingiva (Fig. 9, para. 0061), the gingival edge having an edge profile that is the furthest gingival extent of a wall of the virtual shell (Fig. 9, paras. 0061-0062), wherein the second portion of the gingival edge extends along at least one of an outer side of the second tooth (Fig. 9, para. 0061).
Kuo teaches a method of forming a dental aligner (para. 0050, Fig. 10) wherein at least a second portion of a gingival edge (gingival edge portion in annotated Fig. 10) includes at least one corrugation pocket (72 in Fig. 10, para. 0046, formed around a male mold protrusion) that extends from the at least second portion of the gingival edge (Fig. 10, para. 0046), into a cavity (cavity in annotated Fig. 10) of a virtual aligner (paras. 0046 and 0050) that receives a second tooth (tooth in annotated Fig. 10) and extends to less than a crown of the second tooth (Fig. 10).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of dental aligners.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Kopelman by specifying the method further includes adjusting at adjusting at least a first portion of a gingival edge to relieve pressure on a first portion of the patient's gingiva, and adjusting a second portion of the gingival edge in a direction to relieve pressure on a second portion of the patient's gingiva, the gingival edge having an edge profile that is the furthest gingival extent of a wall of the virtual shell, wherein the second portion of the gingival edge extends along at least one of an outer side of the second tooth or an inner side of the second tooth as taught by Chang in order to allow for prevention of muscle interference of the cheeks with the gums and teeth in order to induce expansion and growth of the maxillary arch (Chang para. 061).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the corrugation pocket of the method of Kopelman in view of Chang in by specifying that the at least second portion of the gingival edge of Kopelman in view of Chang includes the at least one corrugation pocket that extends from the at least second portion of the gingival edge to less than a crown of the second tooth as taught by Kuo in order to allow for stiffening the gingival edge against lateral deflection (para. 0046) without necessarily reducing tooth receiving/engaging surfaces of an appliance cavity (para. 0030).
In regard to claim 14, Kopelman in view of Chang in view of Kuo discloses the invention of claim 12. Kopelman does not disclose further comprising forming at least a third portion of the gingival edge of the dental aligner at a gumline of the virtual model.
Chang further teaches forming at least a third portion of the gingival edge (portion 3 in annotated Fig. 9) of the dental aligner at a gumline of the model (Fig. 9, para. 0062).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of dental aligners. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Kopelman in view of Chang in view of Kuo by specifying the method further includes forming at least a third portion of the gingival edge of the dental aligner at a gumline of the model as taught by Chang in order to allow for forward growth of the maxilla and treatment of Class 3 malocclusion (Chang para. 062).
In regard to claim 15, Kopelman in view of Chang in view of Kuo discloses the invention of claim 1. Kopelman further discloses wherein forming the virtual dental aligner includes modifying a wall shape (paras. 00133 and 00158-00160) of the virtual dental aligner to apply net repositioning forces according to at least a segment of the treatment plan (paras. 0070, 00173-00175 and 00181-00182).
In regard to claim 16, Kopelman in view of Chang in view of Kuo discloses the invention of claim 1. Kopelman further discloses wherein forming the virtual dental aligner includes modifying a wall thickness (para. 0149) of the virtual dental aligner to apply net repositioning forces according to at least a segment of the treatment plan (paras. 0070, 00173-00175 and 00181-00182; any repositioning forces exerted will have a net repositioning force vector).
In regard to claim 30, Kopelman discloses a method of forming a dental aligner (Figs. 1A-1C, 4B, 5B, 16, and 38-39), comprising:
determining a first orientation and a second orientation of a first tooth of a virtual model of a patient's teeth as part of a treatment plan (3810 in Fig. 38, paras. 00323-00325);
forming a virtual dental aligner for moving the first tooth from the first orientation to the second orientation (3830 in Fig. 38, paras. 00328 and 00332-00334), wherein forming the virtual dental aligner includes adjusting a portion of a gingival edge of a virtual shell (512 in Fig. 5B, paras. 00124, 00328 and 00332-00334) an amount in a direction away from a dental arch (Fig. 5B and para, 00124) and away from the gingiva, wherein the at least the portion of the gingival edge extends along an outer side of the tooth (Figs. 1A and 5B, para. 00124);
wherein a portion of the gingival edge includes at least one corrugation pocket (pocket in annotated Fig. 4B, paras. 00118 and 00205, stiffen the gingival edge against lateral deflection induced, for example, by force from a coupled elastic) that extends from the portion of the gingival edge, into a cavity of the virtual aligner that receives a second tooth (Figs. 4B and 16, paras. 0118 and 00205); and
forming the dental aligner based on the virtual dental aligner with the adjusted gingival edge (Fig. 39, paras. 00337-00340).
Kopelman does not disclose adjusting at least a first portion of a gingival edge to relieve pressure against a first portion of the patient's gingiva and adjusting a second portion of the gingival edge of the virtual shell a second amount in a direction to relieve pressure against a second portion of the patient's gingiva, wherein the second portion of the gingival edge includes at least one corrugation pocket that extends to less than a crown of the second tooth.
Chang teaches an apparatus (Figs. 9-10) comprising a dental aligner (10 in Fig. 9, para. 0061) wherein at least a first portion of a gingival edge of a shell (portion 1 in annotated Fig. 9) is adjusted a first amount to relieve pressure on a first portion of the patient's gingiva (Fig. 9, para. 0061), and adjusting a second portion of the gingival edge of the shell (portion 2 in annotated Fig. 9) a second amount in a direction to relieve pressure against a second portion of the patient's gingiva (Fig. 9, para. 0061).
Kuo teaches a similar method (para. 0050, Fig. 10) wherein at least a second portion of a gingival edge (gingival edge portion in annotated Fig. 10) includes at least one corrugation pocket (72 in Fig. 10, para. 0046, formed around a male mold protrusion) that extends from the at least second portion of the gingival edge (Fig. 10, para. 0046), into a cavity (cavity in annotated Fig. 10) of a virtual aligner (paras. 0046 and 0050) that receives a second tooth (tooth in annotated Fig. 10) and extends to less than a crown of the second tooth (Fig. 10).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of dental aligners.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Kopelman by specifying the method further includes adjusting at least a first portion of a gingival edge a first amount to relieve pressure against a first portion of the patient's gingiva and adjusting a second portion of the gingival edge of the virtual shell a second amount in a direction to relieve pressure against a second portion of the patient's gingiva as taught by Chang in order to allow for prevention of muscle interference of the cheeks with the gums and teeth in order to induce expansion and growth of the maxillary arch (Chang para. 061).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the corrugation pocket of the method of Kopelman in view of Chang in by specifying that the at least second portion of the gingival edge of Kopelman in view of Chang includes at least one corrugation pocket that extends from the at least second portion of the gingival edge to less than a crown of the second tooth as taught by Kuo in order to allow for stiffening the gingival edge against lateral deflection (para. 0046) without necessarily reducing tooth receiving/engaging surfaces of an appliance cavity (para. 0030).
Response to Arguments
Applicant's arguments filed 23 March 2026 have been fully considered but they are not persuasive.
Applicant argues that in regard to the rejection of claims 1, 6, 9-12, 14-16, and 30 under 35 U.S.C. §103 as being unpatentable over Kopelman in view of Chang, Kopelman and Chang do not disclose the limitations of the amended independent claims. Applicant argues that though Kopelman describes a corrugation 412, Kopelman does not describe or suggest a corrugation pocket or similar feature that is formed on the aligner and extends from a gingival edge towards a crown of a tooth.
Examiner notes that in the above rejection, claims 1, 6, 9-12, 14-16, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Kopelman in view of Chang in view of Kuo. Examiner notes that Kopelman discloses at least one corrugation pocket (pocket in annotated Fig. 4B, paras. 00118 and 00205) that extends from the portion of the gingival edge, into a cavity of the virtual aligner that receives a second tooth (Figs. 4B and 16, paras. 0118 and 00205). Examiner notes that new prior art Kuo teaches wherein at least a second portion of a gingival edge (annotated Fig. 10) includes at least one corrugation pocket (72 in Fig. 10, para. 0046, formed around a male mold protrusion) that extends from the at least second portion of the gingival edge (Fig. 10, para. 0046) to less than a crown of the second tooth (Fig. 10). One of ordinary skill in the art would have been motivated to have modified the invention of Kopelman in view of Chang by the teachings of Kuo in order to allow for stiffening the gingival edge against lateral deflection (para. 0046) without necessarily reducing tooth receiving/engaging surfaces of an appliance cavity (para. 0030). Applicant is directed to the rejections in view of the amendments.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY N HUYNH whose telephone number is (571)272-7219. The examiner can normally be reached M-F 7:30AM-5:00PM (EST) flex, 2nd Friday off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached at (571) 270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/COURTNEY N HUYNH/Examiner, Art Unit 3772
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
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