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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claims 1 and 14 recites “obtaining computerized tomography (CT) data on the basis of a result of the modeling.” It is unclear how CT data can be obtained from a model of a radiographic guide. This limitation is interpreted as the CT data is obtained with the radiographic guide mounted in the subject’s oral cavity, as best understood.
Claim 4 recites “lowest gradients.” It is unclear what the gradients are referring to.
All other claims are rejected due to their dependence on one of the above rejected claims.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Groscurth et al. (hereafter Groscurth – US 20110045431).
Claim 1 recites “an oral model data matching method.” Harman teaches such an oral model data matching method, as will be shown.
Groscurth teaches (Figs. 1-6, 22) an oral model data matching method comprising:
obtaining oral model data (32, data #1, see para. 0069) which includes markers (see para. 0053);
modeling a radiographic guide (40) on the basis of the oral model data (para. 0068, “Virtually design into the imaging template linking components so that anchors align with corresponding fastening connector components and corresponding imaging/scaling markers on the virtual dental model”);
obtaining computerized tomography (CT) data (data #4) on the basis of a result of the modeling (para. 0068); and
matching the oral model data and the CT data using the markers (para. 0068, “After translating the CT/CB CT/MRI data files (data #3, data #4, and/or optional data #5) into a compatible file format that corresponds with the 3D surface scanning data files (data #1 and/or data #2), and data files #1 through #4 (and optionally #5) are now ready to be linked into a master data file”).
Regarding Claim 2, Groscurth teaches (Figs. 1-6, 22) the oral model data matching method of claim 1, wherein the obtaining of the oral model data includes: obtaining scan data by scanning an oral model; placing the markers on the scan data; and obtaining the oral model data on the basis of a result of the placing (para. 0069 Virtually design into the imaging template linking components so that align anchors align with fastening connector components and imaging/scaling markers on the virtual dental model 32).
Regarding Claim 3, Groscurth teaches (Figs. 1-6, 22) the oral model data matching method of claim 2, wherein the placing of the markers includes recommending positions on the scan data to place the markers (para. 0059, the marker should not disturb the implanting location, which is recommending location).
Regarding Claim 4, Groscurth teaches (Figs. 1-6, 22) the oral model data matching method of claim 3, wherein the recommending of the positions on the scan data includes: determining candidate areas from the scan data; and recommending positions with lowest gradients in the candidate areas as positions to place the markers (Groscurth teaches placing markers to reduce and/or eliminate information detail loss due to scatter using radio opaque material which can be a gradient).
Regarding Claim 5, Groscurth teaches (Figs. 1-6, 22) the oral model data matching method of claim 3, wherein the recommending of the positions on the scan data includes: determining candidate areas from the scan data; and recommending central positions of the candidate areas as positions to place the markers (para. 0069).
Regarding Claim 6, Groscurth teaches (Figs. 1-6, 22) the oral model data matching method of claim 3, wherein the placing of the markers further includes recommending the number of markers to be placed on the scan data (para. 0059, markers may be removed or added as needed).
Regarding Claim 7, Groscurth teaches (Figs. 1-9B, 22) the oral model data matching method of claim 6, wherein the markers include: a first marker 26a which is placed in a front teeth area of the scan data; a second marker 26a which is placed in a right molar area of the scan data; and a third marker 26a which is placed in a left molar area of the scan data (see Fig. 9B).
Regarding Claim 8, Groscurth teaches (Figs. 1-9B, 22) the oral model data matching method of claim 2, wherein: all or some of the markers are grouped; and sizes or heights of the grouped markers are collectively adjusted (para. 0085, releasably engageable marker allows for different sized and shaped markers to be utilized).
Regarding Claim 9, Groscurth teaches (Figs. 1-6, 22) the oral model data matching method of claim 1, wherein the CT data is CT data on which marker positions that correspond to the markers are indicated (para. 0069).
Regarding Claim 10, Groscurth teaches (Figs. 1-6, 22) the oral model data matching method of claim 9, wherein the matching using the markers includes matching the oral model data and the CT data by setting end points of the markers and end points of the marker positions as matching points (para. 0097).
Regarding Claim 11, Groscurth teaches (Figs. 1-6, 22) the oral model data matching method of claim 10, wherein the markers have a conical shape, a triangular pyramid shape, a quadrangular pyramid shape, a trident shape, or a screw shape (para. 0074).
Regarding Claim 12, Groscurth teaches (Figs. 1-6, 22) the oral model data matching method of claim 1, wherein the modeling of the radiographic guide includes: selecting a plurality of points on the oral model data; connecting the plurality of points to determine a radiographic guide area; and generating a base shape of the radiographic guide on the basis of the determined area (para. 0069-0070, CAD steps for virtually designing of guide 40).
Regarding Claim 13, Groscurth teaches (Figs. 1-6, 22) the oral model data matching method of claim 12, wherein the modeling of the radiographic guide further includes: generating a shape of a bite index on the basis of the base shape; and combining the shape of the bite index with the base shape (para. 104, bite index corresponding to bite registration).
Claim 14 recites an oral model data matching device having the same features of Claim 1 which are rejected for the same reasons.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW BUI whose telephone number is (571) 272-0685. The examiner can normally be reached on 7:30 AM - 4:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Courtney Heinle can be reached on (571) 270-3508. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/ANDREW THANH BUI/Examiner, Art Unit 3745
/COURTNEY D HEINLE/Supervisory Patent Examiner, Art Unit 3745