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
Received 10/27/2025
Claim(s) 1, 10-13, and 19-37 is/are pending.
Claim(s) 1, 10-12, and 19-21 has/have been amended.
Claim(s) 2-9 and 14-18 has/have been cancelled.
Claim(s) 22-37 has been added.
The 35 U.S.C § 103 rejection to claim(s) 1, 10-13, 20, and 21 have been fully considered in view of the amendments received on 10/27/2025 and are fully addressed in the prior art rejection below.
Response to Arguments
Received 10/27/2025
Regarding claim(s) 1-6 and 10-21:
Applicant’s arguments (Remarks, Page 10: ¶ 3 and Page 11: ¶ 2), filed 10/1272025, with respect to the rejection(s) of claim(s) 1, 20, and 21 under 35 U.S.C § 103 have been fully considered and are persuasive. Wherein, Sachdeva et al. (US PGPUB No. 20040214128 A1) fails to teach a predetermined constraint threshold on the tree-dimensional representation. Therefore, the rejection has been withdrawn, necessitated by Applicant's amendments. However, upon further consideration, a new ground(s) of rejection is made in view of Kitching et al. (US PGPUB No. 20080305454 A1), in view of Shanjani et al. (US PGPUB No. 20190269482 A1), and further in view of Akopov et al. (US PGPUB No. 20190175303 A1).
Claim Objections
Claim 34 is objected to because of the following informalities: grammatical issue of “… gingiva shape, , a modification” within line 4. Appropriate correction is required.
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) 1, 10-13, and 19-37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitching et al., US PGPUB No. 20080305454 A1, hereinafter Kitching, in view of Shanjani et al., US PGPUB No. 20190269482 A1, hereinafter Shanjani, and further in view of Akopov et al., US PGPUB No. 20190175303 A1, hereinafter Akopov.
Regarding claim 21, Kitching discloses a system for orthodontically treating teeth (Kitching; a system for orthodontically treating teeth [¶ 0028 and ¶ 0093], as illustrated within Fig. 13; moreover, treatment process [¶ 0034] linked to a system [¶ 0007-0008]), the system comprising:
one or more processors and memory comprising instructions that when executed by the one more processors causes the system (Kitching; the system [as addressed above] comprises one or more processors and memory, as illustrated within Fig. 13, comprising instructions that when executed by the one more processors causes the system to preform [¶ 0093 and ¶ 0095]) to:
generate a digital model of a final position of a patient's teeth from a scan of the patient's teeth in an initial position of the patient's teeth (Kitching; the system [as addressed above] comprises generating a digital model [¶ 0054-0056], as illustrated within Figs. 6-7B, of a final position of a patient's teeth [¶ 0038 and ¶ 0042-0044] from a scan of the patient's teeth in an initial position of the patient's teeth [¶ 0040-0041], as illustrated within Fig. 3C and Fig. 4; moreover, generating and/or analyzing digital treatment plans involving 3D orthodontic treatment planning tools [¶ 0039 and ¶ 0045-0047]);
generate a treatment plan comprising a plurality of treatment stage with incremental positions of the patient's teeth to move the patient's teeth from the initial position towards the final position (Kitching; the system [as addressed above] comprises generating a treatment plan [¶ 0034-0036] comprising a plurality of treatment stage with incremental positions of the patient's teeth to move the patient's teeth from the initial position towards the final position [¶ 0038 and ¶ 0042-0045], as illustrated within Fig. 3C);
provide a three-dimensional representation corresponding to a treatment stage of the treatment plan to a display device (Kitching; the system [as addressed above] comprises providing a 3D representation (via a GUI) corresponding to a treatment stage of the treatment plan [¶ 0054-0056] to a display device [¶ 0044 and ¶ 0094], as illustrated within Fig. 6 and Figs. 7A-B; moreover, visualization [as addressed above] in relation with generating and administering treatment [¶ 0034-0036]); and
output, to the display device, a three-dimensional representation of the revised treatment plan (Kitching; the system [as addressed above] comprises outputting a 3D representation (via a GUI) of the revised treatment plan to the display device [¶ 0061-0062, ¶ 0071, and ¶ 0072]; moreover, one or more terminals involving displays with UIs [¶ 0037, ¶ 0054, ¶ 0094, and ¶ 0096]).
Kitching fails to disclose to: receive, in real time, a user modification request for a user modification to modify the treatment plan through user interaction with the three-dimensional representation, wherein the user modification request includes selecting and moving a position of a tooth, selecting and moving a position of an attachment, or a combination thereof;
display a visual indication corresponding to a predetermined constraint threshold on the three-dimensional representation;
determine, in real time, that the user modification is an acceptable modification is within the predetermined constraint threshold; and
generate, automatically and in real time, a revised treatment plan based on the acceptable modification, wherein generating the revised treatment plan comprises determining a plurality of three-dimensional representations corresponding to a plurality of stages for the revised treatment plan.
However, Shanjani teaches receiving, in real time, a user modification request for a user modification to modify the treatment plan through user interaction with the three-dimensional representation (Shanjani; receiving a user modification request for a user modification to modify the treatment plan through user interaction with the 3D representation in real time [¶ 0156-0159]), wherein the user modification request includes selecting and moving a position of a tooth, selecting and moving a position of an attachment, or a combination thereof (Shanjani; the user modification request [as addressed above] includes selecting and moving a position of a tooth, selecting and moving a position of an attachment (or a combination thereof) [¶ 0157 and ¶ 0159-0160]);
displaying a visual indication corresponding to a predetermined constraint threshold on the three-dimensional representation (Shanjani; displaying a visual indication corresponding to a predetermined constraint threshold on the 3D representation [¶ 0163 and ¶ 0166]; additionally, force threshold [¶ 0174 and ¶ 0178]); and
determining, in real time, that the user modification is an acceptable modification is within the predetermined constraint threshold (Shanjani; determining that the user modification is an acceptable modification is within the predetermined constraint threshold in real time [¶ 0166-0167]; additionally, error condition [¶ 0169-0171] and generating the visual overlay [¶ 0172]).
Kitching and Shanjani are considered to be analogous art because both pertain to generating and/or managing data in relation with providing media data to a user, wherein one or more computerized units are utilized in order to produce a visualization effect.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention was made to modify Kitching, to incorporate receiving, in real time, a user modification request for a user modification to modify the treatment plan through user interaction with the three-dimensional representation, wherein the user modification request includes selecting and moving a position of a tooth, selecting and moving a position of an attachment, or a combination thereof; displaying a visual indication corresponding to a predetermined constraint threshold on the three-dimensional representation; and determining, in real time, that the user modification is an acceptable modification is within the predetermined constraint threshold (as taught by Shanjani), in order to provide an improved repositioning of teeth in a corrective manner in real time (Shanjani; [¶ 0004-0006]).
Kitching as modified by Shanjani fails to disclose to: generate, automatically and in real time, a revised treatment plan based on the acceptable modification, wherein generating the revised treatment plan comprises determining a plurality of three-dimensional representations corresponding to a plurality of stages for the revised treatment plan.
However, Akopov teaches generating, automatically and in real time, a revised treatment plan based on the acceptable modification (Akopov; generating a revised treatment plan based on the acceptable modification [¶ 0042-0043 and ¶ 0045] automatically and in real time [¶ 0053-0054, ¶ 0068-0069, and ¶ 0072-0073]; where, generating the treatment plans automated [¶ 0037-0038 and ¶ 0047]; additionally, displaying the treatment plans for comparison and selection [¶ 0193-0194]), wherein generating the revised treatment plan comprises determining a plurality of three-dimensional representations corresponding to a plurality of stages for the revised treatment plan (Akopov; generating the revised treatment plan [as addressed above] comprises determining a plurality of 3D representations corresponding to a plurality of stages for the revised treatment plan [¶ 0232-0234]; moreover, an interactive display of a plurality of treatment plans to allow user selection [0241-0242], user interaction [¶ 0244-0245], and visual comparison [¶ 0246-0247]; additionally, controls for displaying treatment plan(s) [¶ 0248-0249]).
Kitching in view of Shanjani and Akopov and Mason are considered to be analogous art because they pertain to generating and/or managing data in relation with providing media data to a user, wherein one or more computerized units are utilized in order to produce a visualization effect.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention was made to modify Kitching as modified by Shanjani, to incorporate generating, automatically and in real time, a revised treatment plan based on the acceptable modification, wherein generating the revised treatment plan comprises determining a plurality of three-dimensional representations corresponding to a plurality of stages for the revised treatment plan (as taught by Akopov), in order to provide an optimized treatment in real time (Akopov; [¶ 0004-0006 and ¶ 0008]).
Regarding claim 23, Kitching in view of Shanjani and Akopov further discloses the system of claim 21, wherein the instructions are further configured to determine, in real time, that the user modification is acceptable based on the determination that the user modification is within the predetermined constraint threshold (Shanjani; the instructions are further configured to determine, in real time, that the user modification is acceptable based on the determination that the user modification is within the predetermined constraint threshold [as addressed within the parent claim(s)]) by determining that the user modification request is within a predetermined constraint threshold for space required for one or more of:
attachments, a power ridge, or moving teeth without collisions (Shanjani; the predetermined constraint threshold [as addressed above] by determining that the user modification request is within a predetermined constraint threshold for space required for one or more of: attachments, a power ridge, or moving teeth without collisions [¶ 0163, ¶ 0166, and ¶ 0170]; moreover, detection of an error condition [¶ 0032-0033, ¶ 0037, and ¶ 0039]; moreover, error condition indictive of improper position or orientation of the one or more attachments [¶ 0068-0071 and ¶ 0073]).
Regarding claim 24, Kitching in view of Shanjani and Akopov further discloses the system of claim 21, wherein the instructions are further configured to generate the treatment plan by generating the treatment plan at a remote processor and transferring the treatment plan to a local processor that is in immediate communication with the display device (Kitching; the instructions are further configured to generate the treatment plan by generating the treatment plan [as addressed within the parent claim(s)] at a remote processor (i.e. server terminal) and transferring the treatment plan to a local processor (i.e. client terminal), as illustrated within Fig. 3B, that is in immediate communication with the display device [¶ 0037-0038, ¶ 0043-0045, and ¶ 0054]; moreover, one or more electronic copies transmitted to the practitioner over a network [¶ 0051]).
Regarding claim 25, Kitching in view of Shanjani and Akopov further discloses the system of claim 24, wherein the instructions are further configured to generate the revised treatment plan by generating the treatment plan at the local processor (Kitching; the instructions [as addressed within the parent claim(s)] are further configured to generate the revised treatment plan by generating the treatment plan [as addressed within the parent claim(s)] at the local processor [¶ 0037, ¶ 0093, and ¶ 0095]).
Regarding claim 26, Kitching in view of Shanjani and Akopov further discloses the system of claim 24, wherein the instructions are further configured to transfer the revised treatment plan to the remote processor for quality review (Kitching; transferring the revised treatment plan [as addressed within the parent claim(s)] to the remote processor [¶ 0037, ¶ 0093, and ¶ 0095] for quality review [¶ 0038, ¶ 0061, and ¶ 0072]).
Regarding claim 27, Kitching in view of Shanjani and Akopov further discloses the system of claim 21, wherein the instructions are further configured to scan a patient's teeth to generate a model of an initial position of the patient's teeth (Kitching; the instructions [as addressed within the parent claim(s)] are configured to scan a patient's teeth [¶ 0034 and ¶ 0040] to generate a model of an initial position of the patient's teeth [¶ 0041]; wherein, a digital model corresponds to a visual generated model [¶ 0054-0056], as illustrated within Figs. 6-7B).
Regarding claim 28, Kitching in view of Shanjani and Akopov further discloses the system of claim 21, wherein the instructions are further configured to cause a display of an indication on the display device if the user modification to modify the treatment plan is outside of the predetermined constraint threshold for modifications to the treatment plan (Shanjani; the instructions [as addressed within the parent claim(s)] are further configured to cause a display of an indication on the display device if the user modification to modify the treatment plan is outside (given a threshold indicates a under over point) of the predetermined constraint threshold for modifications to the treatment plan [¶ 0163, ¶ 0166, and ¶ 0170]; moreover, a visual overlay is superimposed over a view of a patient’s teeth and of the appliance placed on the patient’s teeth [¶ 0032-0036]; wherein, visual overlay identifying the error condition [¶ 0037-0040] error condition indictive of improper position or orientation of the one or more attachments [¶ 0068-0071 and ¶ 0073]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention was made to modify Kitching as modified by Shanjani and Akopov, to incorporate to cause a display of an indication on the display device if the user modification to modify the treatment plan is outside of the predetermined constraint threshold for modifications to the treatment plan (as taught by Shanjani), in order to provide an improved repositioning of teeth in a corrective manner in real time (Shanjani; [¶ 0004-0006]).
Regarding claim 29, Kitching in view of Shanjani and Akopov further disclose the system of claim 21, wherein the predetermined constraint threshold for modifications to the treatment plan are tooth movement thresholds (Shanjani; the predetermined constraint threshold [as addressed within the parent claim(s)] for modifications to the treatment plan are tooth movement thresholds (i.e. deformation threshold) [¶ 0032-0033, ¶ 0035, and ¶ 0037-0039]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention was made to modify Kitching as modified by Shanjani and Akopov, to incorporate the predetermined constraint threshold for modifications to the treatment plan are tooth movement thresholds (as taught by Shanjani), in order to provide an improved repositioning of teeth in a corrective manner in real time (Shanjani; [¶ 0004-0006]).
Regarding claim 30, Kitching in view of Shanjani and Akopov further disclose the system of claim 21, wherein the predetermined constraint threshold for modifications to the treatment plan is a location threshold for an aligner feature (Shanjani; the predetermined constraint threshold for modifications to the treatment plan is a location threshold for an aligner feature [¶ 0032-0033 and ¶ 0070-0071]; moreover, a target location for each of the one or more attachment sites [¶ 0041-0042]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention was made to modify Kitching as modified by Shanjani and Akopov, to incorporate the predetermined constraint threshold for modifications to the treatment plan is a location threshold for an aligner feature (as taught by Shanjani), in order to provide an improved repositioning of teeth in a corrective manner in real time (Shanjani; [¶ 0004-0006]).
Regarding claim 31, Kitching in view of Shanjani and Akopov further disclose the system of claim 30, positioning with respect to a gingival line (Kitching; positioning with respect to a gingival line [¶ 0071 and ¶ 0086]).
Shanjani further teaches wherein the location threshold is a proximity threshold with respect to a gingival line (Shanjani; the location threshold is a proximity threshold implicitly with respect to a gingival line [¶ 0095-0096 and ¶ 0149] wherein, indicating on the visual overlay where the forces exceed a threshold value [¶ 0037-0040]; additionally; a proximity threshold implicitly with respect to a gingival line (given the illustration within Fig. 6) corresponding to an attachment site [¶ 0169-0170] in relation with indicating an error condition [¶ 0171-0172 and ¶ 0174]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention was made to modify Kitching as modified by Shanjani and Akopov, to incorporate the location threshold is a proximity threshold with respect to a gingival line (as taught by Shanjani), in order to provide an improved repositioning of teeth in a corrective manner in real time (Shanjani; [¶ 0004-0006]).
Regarding claim 32, Kitching in view of Shanjani and Akopov further disclose the system of claim 30, wherein the aligner features are one of an attachment, a cut, a hook, or a power ridge (Kitching; the aligner features [as addressed within the parent claim(s)] are an attachment given the application to teeth [¶ 0054, ¶ 0075, and ¶ 0084], as illustrated within Fig. 6 and Fig. 11; moreover, templates for positioning attachments on teeth [¶ 0091]).
Shanjani further teaches the aligner features are one of an attachment, a cut, a hook, or a power ridge (Shanjani; the aligner features are one of an attachment, a cut, a hook, or a power ridge [¶ 0033 and ¶ 0040-0042]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention was made to modify Kitching as modified by Shanjani and Akopov, to incorporate the aligner features are one of an attachment, a cut, a hook, or a power ridge (as taught by Shanjani), in order to provide an improved repositioning of teeth in a corrective manner in real time (Shanjani; [¶ 0004-0006]).
Regarding claim 33, Kitching in view of Shanjani and Akopov further disclose the system of claim 21, wherein the modification (Kitching; the modification [as addressed within the parent claim(s)]) is one or more of:
a modification to a tooth location in one or more treatment stages, a modification to the final position of the patient's teeth, or a modification to one or more intermediate positions of the patient's teeth in one or more stages of the treatment plan (Kitching; a modification to a tooth location in one or more treatment stages, a modification to the final position of the patient's teeth, or a modification to one or more intermediate positions of the patient's teeth in one or more stages of the treatment plan [¶ 0042-0045] moreover, process of final stages of treatment [¶ 0033-0034, ¶ 0036, and ¶ 0038] and/or new/revised treatment plan [¶ 0061-0062]).
Shanjani further teaches the modification is one or more of:
a modification to a tooth location in one or more treatment stages, a modification to the final position of the patient's teeth, or a modification to one or more intermediate positions of the patient's teeth in one or more stages of the treatment plan (Shanjani; the modification [as addressed within the parent claim(s)] is one or more of: a modification to a tooth location in one or more treatment stages, a modification to the final position of the patient's teeth, or a modification to one or more intermediate positions of the patient's teeth in one or more stages of the treatment plan [¶ 0033 and ¶ 0041-0042]; moreover, one or more teeth can be selected and virtually moved [¶ 0159-0160]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention was made to modify Kitching as modified by Shanjani and Akopov, to incorporate the modification is one or more of: a modification to a tooth location in one or more treatment stages, a modification to the final position of the patient's teeth, or a modification to one or more intermediate positions of the patient's teeth in one or more stages of the treatment plan (as taught by Shanjani), in order to provide an improved repositioning of teeth in a corrective manner in real time (Shanjani; [¶ 0004-0006]).
Regarding claim 33, Kitching in view of Shanjani and Akopov further disclose the system of claim 21, wherein the modification is one or more of:
a modification to an attachment location in one or more treatment stages, or a removal or addition of an attachment in one or more treatment stages (Shanjani; the modification [as addressed within the parent claim(s)] is one or more of: a modification to an attachment location in one or more treatment stages, or a removal or addition of an attachment in one or more treatment stages [¶ 0032-0033 and ¶ 0037-0038]; additionally, attachment site [¶ 0040-0042] and evaluating attachments [¶ 0067-0068]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention was made to modify Kitching as modified by Shanjani and Akopov, to incorporate the modification is one or more of: a modification to an attachment location in one or more treatment stages, or a removal or addition of an attachment in one or more treatment stages (as taught by Shanjani), in order to provide an improved repositioning of teeth in a corrective manner in real time (Shanjani; [¶ 0004-0006]).
Regarding claim 34, Kitching in view of Shanjani and Akopov further disclose the system of claim 21, wherein the modification (Kitching; the modification [as addressed within the parent claim(s)]) is one or more of:
a modification to an interproximal reduction location or amount, a modification to stages used for interproximal reduction, a modification to a tooth shape, a modification to a pontic shape, a modification to a gingiva shape, , a modification to locations of or stages used for power ridges, a modification to locations of or stages used for hooks, or a modification to locations of or stages used for precision cuts (Kitching; the modification [as addressed above] a modification to an interproximal reduction location or amount [¶ 0052, ¶ 0054, and ¶ 0084] or a modification to a tooth shape [¶ 0042-0045]; moreover, process of final stages of treatment [¶ 0033-0034, ¶ 0036, and ¶ 0038]; wherein, treatment plan is able to be new/revised [¶ 0061-0062]; additionally, repositioning and interproximal reduction [¶ 0087-0088]).
Regarding claim 35, Kitching in view of Shanjani and Akopov further disclose the system of claim 21, wherein the instructions are further configured to form one or more aligners from the revised treatment plan (Kitching; the instructions [as addressed within the parent claim(s)] are further configured to form one or more implicit aligners (i.e. fabrications, appliances) from the revised/modified treatment plan [¶ 0033, ¶ 0038, and ¶ 0045-0046], in relation with fabricating one or more dental appliances [¶ 0054-0055 and ¶ 0096]; wherein, aligners are implicitly appliances, given the application to teeth [¶ 0003-0004 and ¶ 0084]; moreover, tracking and preserving teeth positions in relation with aligner geometry [¶ 0059]).
Regarding claim 36, Kitching in view of Shanjani and Akopov further disclose the system of claim 21, wherein the instructions are further configured to generate, automatically and in real time, the revised treatment plan based on the acceptable modification by generating the revised treatment plan within 10 minutes or less of receiving the user modification request to modify the treatment plan (Kitching; the instructions are further configured to generate, automatically and in real time [as addressed within parent claim(s)], the revised treatment plan based on the acceptable modification by generating the revised/modified treatment plan within 10 minutes or less of receiving the user modification request/input(s) to modify the treatment plan [¶ 0036, ¶ 0038, ¶ 0054-0056, and ¶ 0067], given the computer processed steps [¶ 0042-0045 and ¶ 0093-0094] and UI interaction [¶ 0054-0056 and ¶ 0061-0062]; moreover, revised treatment [¶ 0080-0083]; moreover, UI input [¶ 0093-0094]).
Regarding claim 37, Kitching in view of Shanjani and Akopov further disclose the system of claim 21, wherein the revised treatment plan is generated following receipt of a user input requesting to generate the revised treatment plan (Kitching; the revised treatment plan [as addressed within the parent claim(s)] is generated following receipt of a user input requesting to generate the revised treatment plan [¶ 0034 and ¶ 0036-0038]; moreover, treatment plan and deviation from a treatment plan [¶ 0061-0062 and ¶ 0071-0072]).
Regarding claim 1, the rejection of claim 1 is addressed within the rejection of claim 21, due to the similarities claim 1 and claim 21 share, therefore refer to the rejection of claim 21 regarding the rejection of claim 1.
Regarding claim 11, Kitching in view of Shanjani, Akopov, and Mason further discloses the method of claim 1, wherein the predetermined thresholds for modifications to the treatment plan are tooth movement thresholds (Kitching; the predetermined thresholds for modifications to the treatment plan [as addressed within the parent claim(s)] are tooth movement thresholds [¶ 0071], as illustrated within table 1; additionally, applied constraints [¶ 0044]).
Regarding claim 12, Kitching in view of Shanjani, Akopov, and Mason further discloses the method of claim 1, wherein the predetermined thresholds for modifications to the treatment plan are location thresholds for aligner features (Kitching; the predetermined thresholds for modifications to the treatment plan [as address within the parent claim(s)] are location/position thresholds [¶ 0071] for aligner (i.e. fabrication, appliance(s)) features [¶ 0033, ¶ 0038, and ¶ 0045-0046]; wherein, aligners are implicitly appliances, given the application to teeth [¶ 0003-0004 and ¶ 0084], in relation with fabricating one or more dental appliances [¶ 0054-0055 and ¶ 0096]; moreover, tracking and preserving teeth positions in relation with aligner geometry [¶ 0059]).
Regarding claim 13, Kitching in view of Shanjani, Akopov, and Mason further discloses the method of claim 12, wherein the location threshold is a proximity threshold with respect to a gingival line (Kitching; the location threshold is a proximity threshold with respect to a gingival line [¶ 0071]; moreover, the gingival line is updated based upon the current positions of the teeth by overlaying the current positions of the teeth with existing segmented models [¶ 0086]).
Shanjani further teaches wherein the location threshold is a proximity threshold with respect to a gingival line (Shanjani; the location threshold is a proximity threshold implicitly with respect to a gingival line [¶ 0095-0096 and ¶ 0149]; wherein, indicating on the visual overlay where the forces exceed a threshold value [¶ 0037-0040]; additionally; a proximity threshold implicitly with respect to a gingival line (given the illustration within Fig. 6) corresponding to an attachment site [¶ 0169-0170] in relation with a visual overlay indicating an error condition [¶ 0171-0172 and ¶ 0174]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention was made to modify Kitching as modified by Shanjani and Akopov, to incorporate the location threshold is a proximity threshold with respect to a gingival line (as taught by Shanjani), in order to provide an improved repositioning of teeth in a corrective manner in real time (Shanjani; [¶ 0004-0006]).
Regarding claim 19, Kitching in view of Shanjani, Akopov, and Mason further discloses the method of claim 22, wherein generating, automatically and in real time comprises generating within 10 minutes or less of receiving the user request to modify the treatment plan (Kitching; generating, automatically and in real time [as addressed within parent claim(s)] comprises generating implicitly within 10 minutes or less of receiving the user request/input(s) to modify the treatment plan [¶ 0036, ¶ 0038, ¶ 0054-0056, and ¶ 0067], given the computer processed steps [¶ 0042-0045 and ¶ 0093-0094] and UI interaction [¶ 0054-0056 and ¶ 0061-0062]; moreover, revised treatment [¶ 0080-0083]; moreover, UI input [¶ 0093-0094]).
Regarding claim 20, the rejection of claim 20 is addressed within the rejection of claim 21, due to the similarities claim 20 and claim 21 share, therefore refer to the rejection of claim 21 regarding the rejection of claim 20; however, the subject matter/limitations not addressed by claim 21 is/are addressed below.
Kitching discloses overlaying a visual indication corresponding a proximity threshold with respect to a gingival line (Kitching; a proximity threshold with respect to a gingival line [¶ 0086]).
Kitching fails to discloses to: overlay a visual indication corresponding to a predetermined constraint threshold on the three-dimensional representation including a proximity threshold with respect to a gingival line, a tooth movement threshold, or both the proximity threshold with respect to the gingival line and the tooth movement threshold.
Shanjani teaches to: overlay a visual indication corresponding to a predetermined constraint threshold on the three-dimensional representation including a proximity threshold with respect to a gingival line, a tooth movement threshold, or both the proximity threshold with respect to the gingival line and the tooth movement threshold (Shanjani; overlaying a visual indication [¶ 0012, ¶ 0014, and ¶ 0016] corresponding to a predetermined constraint threshold on the 3D representation including a tooth movement threshold, or both the proximity threshold with respect to the gingival line and the tooth movement threshold [¶ 0037-0040]; moreover, error condition [¶ 0067-0068] corresponding to a deformation threshold [¶ 0096]; wherein, a force threshold associated with an attachment [¶ 0166-0167 and ¶ 0174] is in relation with a tooth movement [¶ 0178]; additionally; a proximity threshold implicitly with respect to a gingival line (given the illustration within Fig. 6) corresponding to an attachment site [¶ 0169-0170] in relation with a visual overlay indicating an error condition ¶ 0171-0172 and ¶ 0174]).
Kitching and Shanjani are considered to be analogous art because both pertain to generating and/or managing data in relation with providing media data to a user, wherein one or more computerized units are utilized in order to produce a visualization effect.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention was made to modify Kitching, to incorporate to: overlay a visual indication corresponding to a predetermined constraint threshold on the three-dimensional representation including a proximity threshold with respect to a gingival line, a tooth movement threshold, or both the proximity threshold with respect to the gingival line and the tooth movement threshold (as taught by Shanjani), in order to provide an improved repositioning of teeth in a corrective manner in real time (Shanjani; [¶ 0004-0006]).
(further refer to the rejection of claim 21)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Makarenkova et al. (US PGPUB No. 20200000554 A1);
Li et al. (US PGPUB No. 20110136072 A1); and
Shojaei et al. (US PGPUB No. 20210196429 A1).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to PTO-892, Notice of Reference Cited for a listing of analogous art.
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 Charles Lloyd Beard whose telephone number is (571)272-5735. The examiner can normally be reached Monday - Friday, 8:00 AM - 5: 00 PM, alternate Fridays EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tammy Goddard can be reached at (571) 272-7773. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHARLES LLOYD. BEARD
Primary Examiner
Art Unit 2611
/CHARLES L BEARD/ Primary Examiner, Art Unit 2611