DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/02/2025 has been entered.
Claim Objections
Applicant is advised that should claim 24 be found allowable, claim 35 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 14-20, 22-24 and 26-39 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more.
Claim 14 recites a method of developing a dental component, said method comprising: before healing of a patient's gingival tissue after installation of a temporary abutment and underlying implant, the temporary abutment engaging a seating surface of the underlying implant, receiving, by a processor, first scanning data, the first scanning data comprising a patient’s anatomy comprising an anatomically shaped emergence profile of the patient's gingival tissue surrounding the temporary abutment, information relating to and/or representative of an informational marker on the temporary abutment and information relating to and/or representative of a geometrical relationship between the anatomically shaped emergence profile, the information marker, and/or the patient's dental anatomy surrounding the temporary abutment;
before healing of the patient's gingival tissue after installation of the temporary abutment and underlying implant, receiving, by the processor, second scanning data, the second scanning data comprising anatomical information related to and/or representative of the temporary abutment and/or temporary abutment cap while located outside of the patient's mouth;
merging, by the processor, the first and second scanning data to create a three-dimensional virtual model of at least a portion of the patient's gingival tissue, teeth, and the temporary abutment;
determining, by the processor, one or more parameters based on the information marker; and
based on the determined one or more parameters, modifying, by the processor, the three-dimensional virtual model to remove the temporary abutment from the seating surface of the underlying implant to provide, in the modified three-dimensional virtual model, a location and orientation of the seating surface of the underlying implant and a relative position of the underlying implant in the patient's gingival tissue for use in creating, using the modified three- dimensional virtual model, a three-dimensional virtual model of a patient-specific abutment and/or permanent tooth prosthesis.
The abstract idea falling under the enumerated grouping of mental processes includes observation, judgement and evaluation during the limitation “merging, by the processor, the first and second scanning data to create a three-dimensional virtual model of at least a portion of the patient's gingival tissue, teeth, and the temporary abutment; determining, by the processor, one or more parameters based on the information marker; and based on the determined one or more parameters, modifying, by the processor, the three-dimensional virtual model to remove the temporary abutment from the seating surface of the underlying implant to provide, in the modified three-dimensional virtual model, a location and orientation of the seating surface of the underlying implant and a relative position of the underlying implant in the patient's gingival tissue for use in creating, using the modified three- dimensional virtual model, a three-dimensional virtual model of a patient-specific abutment and/or permanent tooth prosthesis” were the limitation “creating” is interpreted under the broadest reasonable interpretation, which can be performed with an arbitrary tool such as a pen and paper or a computer. Furthermore, wherein the claim under broadest reasonable interpretation in light of the specification discloses a process which can be performed by the human mind or in combination with the assistance of a physical aid, and there is no specific claim limitation which inhibits a human from performing the disclosed steps, except generic computer implemented steps (See MPEP 2106.04(a)(2) (IID).
This judicial exception is not integrated into a practical application because the additional elements are not sufficient to amount to significantly more than the judicial exception for the following reasons :
- claim 14 recites “before healing of a patient's gingival tissue after installation of a temporary abutment and underlying implant, the temporary abutment engaging a seating surface of the underlying implant, receiving, by a processor, first scanning data, the first scanning data comprising a patient’s anatomy comprising an anatomically shaped emergence profile of the patient's gingival tissue surrounding the temporary abutment, information relating to and/or representative of an informational marker on the temporary abutment and information relating to and/or representative of a geometrical relationship between the anatomically shaped emergence profile, the information marker, and/or the patient's dental anatomy surrounding the temporary abutment; before healing of the patient's gingival tissue after installation of the temporary abutment and underlying implant, receiving, by the processor, second scanning data, the second scanning data comprising anatomical information related to and/or representative of the temporary abutment and/or temporary abutment cap while located outside of the patient's mouth;” which is considered insignificant extra-solution activity to the judicial exception, more specifically data gathering, which does not amount to an inventive concept (See MPEP 2106.05(g))).
-claim 14 recites “providing at least a portion of the three-dimensional virtual model of a patient-specific abutment and/or permanent tooth prosthesis for transfer to a milling machine to fabricate the patient-specific abutment and/or permanent tooth prosthesis” this limitation is interpreted as providing the model to a milling machine and does not positively recite the step of fabricating the patient-specific abutment and/or permanent tooth prosthesis, and is therefore considered the insignificant extra-solution activity to the judicial exception, more specifically data outputting (See MPEP 2106.05(g))).
-claim 15 recites “the information marker comprises one or more of a positive informational marker, negative informational marker, raised projection, recess, notch, line, etch, and alphanumeric character and wherein the informational marker indicates one or more characteristics of the temporary abutment and/or underlying implant” which is considered a further elaboration of the insignificant extra-solution activity to the judicial exception, more specifically data gathering, which does not amount to an inventive concept (See MPEP 2106.05(g))).
-claim 16 recites “the information marker indicates one or more of a rotational orientation of a non-rotational feature of the temporary abutment and/or underlying implant, a height of the temporary abutment, an x, y or z position of a table or seating surface of the underlying implant, an angle that the underlying implant rests with respect to a vertical axis within the patient's jawbone, and a size and/or shape of the temporary abutment and/or implant, and a manufacturer of the underlying implant” which is considered a further elaboration of the insignificant extra-solution activity to the judicial exception, more specifically data gathering, which does not amount to an inventive concept (See MPEP 2106.05(g))).
-claim 17 recites “the informational marker is part of a binary marking system that identifies a unique characteristic of the temporary abutment and/or underlying implant”, which is considered a further elaboration of the insignificant extra-solution activity to the judicial exception, more specifically data gathering, which does not amount to an inventive concept (See MPEP 2106.05(g))).
-claim 18 recites “the binary marking system comprises an array of digits, the array of digits comprising "0" and "1", wherein the presence of absence of an informational marker is a "0" or "1" and the absence of an informational marker is the other of "0" or "1", and further comprising: grouping sets of "1"s and "0"s starting from a known starting location to determine information associated with the informational marker” , which is considered a further elaboration of the insignificant extra-solution activity to the judicial exception, more specifically data gathering, which does not amount to an inventive concept (See MPEP 2106.05(g))).
-claim 19 recites “wherein merging comprises: creating, using the modified three-dimensional virtual model, a three-dimensional virtual model of a permanent tooth prosthesis.” which is considered a further elaboration of the abstract idea of mental processes set forth above.
-claim 20 recites “providing the modified three-dimensional virtual model for transfer to a milling machine to fabricate a rapid prototype model of the patient's mouth, the rapid prototype model comprising a replica of the patient's anatomically shaped emergence profile” this limitation is interpreted as providing the model to a milling machine and does not positively recite the step of fabricating the patient-specific abutment and/or permanent tooth prosthesis, and is therefore considered the insignificant extra-solution activity to the judicial exception, more specifically data outputting (See MPEP 2106.05(g))).
-claim 22 recites “the determining one or more parameters based on the information marker comprises: mapping the informational marker in the first scanning data in a look-up table indexing the informational marker against corresponding parameters to determine the one or more parameters” which is considered a further elaboration of the abstract idea of mental processes set forth above.
-claim 23 recites “merging the first and second scanning data comprises: aligning data sets representing the first and second scanning data by one or more of aligning corresponding informational markers on the temporary abutment and temporary abutment cap, evaluating portions of non-rotational features of the temporary abutment and temporary abutment cap, and using third scanning data of the temporary abutment cap installed on the temporary abutment” which is considered a further elaboration of the abstract idea of mental processes set forth above.
-claim 24 recites “the anatomically shaped emergence profile of the patient's gingival tissue adjacent to an implantation site of the underlying implant is predicted based on contours of the temporary abutment and/or temporary abutment cap” which is considered a further elaboration of the abstract idea of mental processes set forth above.
-claim 35 recites “the anatomically shaped emergence profile of the patient's gingival tissue adjacent to an implantation site of the underlying implant is predicted based on contours of the temporary abutment and/or temporary abutment cap” which is considered a further elaboration of the abstract idea of mental processes set forth above
Claim 26 recites a system for developing a dental component comprising: a computer that executes instructions, the instructions causing the computer to:
before healing of a patient's gingival tissue after installation of a temporary abutment and underlying implant, the temporary abutment engaging a seating surface of the underlying implant, receive first scanning data, the first scanning data comprising a patient's anatomy comprising an anatomically shaped emergence profile of the patient's gingival tissue surrounding the temporary abutment, information relating to and/or representative of an informational marker on the temporary abutment and information relating to and/or representative of a geometrical relationship between the anatomically shaped emergence profile, the information marker, and/or the patient's dental anatomy surrounding the temporary abutment;
before healing of the patient's gingival tissue after installation of the temporary abutment and underlying implant, receive second scanning data, the second scanning data comprising anatomical information related to and/or representative of the temporary abutment and/or temporary abutment cap while located outside of a mouth of the patient; merge the first and second scanning data to create a three-dimensional virtual model of at least a portion of the patient's gingival tissue, teeth, and the temporary abutment;
determine one or more parameters based on the information marker;
based on the determined one or more parameters, modify the three-dimensional virtual model to remove the temporary abutment from the seating surface of the underlying implant to provide, in the modified three-dimensional virtual model, a location and orientation of the seating surface of the underlying implant and a relative position of the underlying implant in the patient's gingival tissue for use in creating, using the modified three-dimensional virtual model, a three-dimensional virtual model of a patient-specific abutment and/or permanent tooth prosthesis,
provide at least a portion of the three-dimensional virtual model of a patient- specific abutment and/or permanent tooth prosthesis for transfer to a machine to fabricate the patient-specific abutment and/or permanent tooth prosthesis.
The abstract idea falling under the enumerated grouping of mental processes includes observation, judgement and evaluation during the limitations determine one or more parameters based on the information marker; determine one or more parameters based on the information marker; based on the determined one or more parameters, modify the three-dimensional virtual model to remove the temporary abutment from the seating surface of the underlying implant to provide, in the modified three-dimensional virtual model, a location and orientation of the seating surface of the underlying implant and a relative position of the underlying implant in the patient's gingival tissue for use in creating, using the modified three-dimensional virtual model, a three-dimensional virtual model of a patient-specific abutment and/or permanent tooth prosthesis were the limitation “creating” is interpreted under the broadest reasonable interpretation, which can be performed with an arbitrary tool such as a pen and paper or a computer. Furthermore, wherein the claim under broadest reasonable interpretation in light of the specification discloses a process which can be performed by the human mind or in combination with the assistance of a physical aid, and there is no specific claim limitation which inhibits a human from performing the disclosed steps, except generic computer implemented steps (See MPEP 2106.04(a)(2) (IID).
This judicial exception is not integrated into a practical application because the additional elements:
-claim 26 recites “a system for developing a dental component comprising: a computer that executes instructions, the instructions causing the computer to”, the limitation is interpreted as a mere instruction to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (See MPEP 2106.05(f)).
-claim 26 recites “before healing of a patient's gingival tissue after installation of a temporary abutment and underlying implant, the temporary abutment engaging a seating surface of the underlying implant, receive first scanning data, the first scanning data comprising a patient's anatomy comprising an anatomically shaped emergence profile of the patient's gingival tissue surrounding the temporary abutment, information relating to and/or representative of an informational marker on the temporary abutment and information relating to and/or representative of a geometrical relationship between the anatomically shaped emergence profile, the information marker, and/or the patient's dental anatomy surrounding the temporary abutment; before healing of the patient's gingival tissue after installation of the temporary abutment and underlying implant, receive second scanning data, the second scanning data comprising anatomical information related to and/or representative of the temporary abutment and/or temporary abutment cap while located outside of a mouth of the patient” which is considered insignificant extra-solution activity to the judicial exception, more specifically data gathering, which does not amount to an inventive concept (See MPEP 2106.05(g))).
-claim 26 recites “provide at least a portion of the three-dimensional virtual model of a patient- specific abutment and/or permanent tooth prosthesis for transfer to a machine to fabricate the patient-specific abutment and/or permanent tooth prosthesis” this limitation is interpreted as providing the model to a milling machine and does not positively recite the step of fabricating the patient-specific abutment and/or permanent tooth prosthesis, and is therefore considered the insignificant extra-solution activity to the judicial exception, more specifically data outputting (See MPEP 2106.05(g))).
-claim 27 recites “the information marker comprises one or more of a positive informational marker, negative informational marker, raised projection, recess, notch, line, etch, and alphanumeric character and wherein the informational marker indicates one or more characteristics of the temporary abutment and/or underlying implant” which is considered a further elaboration of the insignificant extra-solution activity to the judicial exception, more specifically data gathering, which does not amount to an inventive concept (See MPEP 2106.05(g))).
-claim 28 recites “the information marker indicates one or more of a rotational orientation of a non-rotational feature of the temporary abutment and/or underlying implant, a height of the temporary abutment, an x, y or z position of a table or seating surface of the underlying implant, an angle that the underlying implant rests with respect to a vertical axis within the patient's jawbone, and a size and/or shape of the temporary abutment and/or implant, and a manufacturer of the underlying implant” which is considered a further elaboration of the insignificant extra-solution activity to the judicial exception, more specifically data gathering, which does not amount to an inventive concept (See MPEP 2106.05(g))).
-claim 29 recites “the informational marker is part of a binary marking system that identifies a unique characteristic of the temporary abutment and/or underlying implant”, which is considered a further elaboration of the insignificant extra-solution activity to the judicial exception, more specifically data gathering, which does not amount to an inventive concept (See MPEP 2106.05(g))).
-claim 30 recites “the binary marking system comprises an array of digits, the array of digits comprising "0" and "1", wherein the presence of absence of an informational marker is a "0" or "1" and the absence of an informational marker is the other of "0" or "1", and further comprising: grouping sets of "1"s and "0"s starting from a known starting location to determine information associated with the informational marker” , which is considered a further elaboration of the insignificant extra-solution activity to the judicial exception, more specifically data gathering, which does not amount to an inventive concept (See MPEP 2106.05(g))).
-claim 31 recites “wherein merging comprises: creating, using the modified three-dimensional virtual model, a three-dimensional virtual model of a permanent tooth prosthesis.” which is considered a further elaboration of the abstract idea of mental processes set forth above.
-claim 32 recites “providing the modified three-dimensional virtual model for transfer to a milling machine to fabricate a rapid prototype model of the patient's mouth, the rapid prototype model comprising a replica of the patient's anatomically shaped emergence profile” this limitation is interpreted as providing the model to a milling machine and does not positively recite the step of fabricating the patient-specific abutment and/or permanent tooth prosthesis, and is therefore considered the insignificant extra-solution activity to the judicial exception, more specifically data outputting (See MPEP 2106.05(g))).
-claim 33 recites “the determining one or more parameters based on the information marker comprises: mapping the informational marker in the first scanning data in a look-up table indexing the informational marker against corresponding parameters to determine the one or more parameters” which is considered a further elaboration of the abstract idea of mental processes set forth above.
-claim 34 recites “merging the first and second scanning data comprises: aligning data sets representing the first and second scanning data by one or more of aligning corresponding informational markers on the temporary abutment and temporary abutment cap, evaluating portions of non-rotational features of the temporary abutment and temporary abutment cap, and using third scanning data of the temporary abutment cap installed on the temporary abutment” which is considered a further elaboration of the abstract idea of mental processes set forth above.
Claim 36 recites a method of developing a dental component, said method comprising: before healing of a patient's gingival tissue after installation of a temporary abutment and underlying implant, the temporary abutment engaging a seating surface of the underlying implant, receiving, by a processor, first scanning data, the first scanning data comprising a patient's anatomy comprising an anatomically shaped emergence profile of the patient's gingival tissue surrounding the temporary abutment, information relating to and/or representative of an informational marker on the temporary abutment and information relating to and/or representative of a geometrical relationship between the anatomically shaped emergence profile, the information marker, and/or the patient's dental anatomy surrounding the temporary abutment; before healing of the patient's gingival tissue after installation of the temporary abutment and underlying implant, receiving, by the processor, second scanning data, the second scanning data comprising anatomical information related to and/or representative of the temporary abutment and/or temporary abutment cap while located outside of a mouth of the patient; merging, by the processor, the first and second scanning data to create a three- dimensional virtual model of at least a portion of the patient's gingival tissue, teeth, and the temporary abutment; determining, by the processor, one or more parameters based on the information marker; based on the determined one or more parameters, modifying, by the processor, the three-dimensional virtual model to remove the temporary abutment from the seating surface of the underlying implant to provide, in the modified three-dimensional virtual model, a location and orientation of the seating surface of the underlying implant and a relative position of the underlying implant in the patient's gingival tissue for use in creating, using the modified three-dimensional virtual model, a three-dimensional virtual model of a patient-specific abutment and/or permanent tooth prosthesis; and providing at least a portion of the modified three-dimensional virtual model for transfer to a machine to fabricate a rapid prototype model of the patient's mouth, the rapid prototype model comprising a replica of the patient's anatomically shaped emergence profile.
The abstract idea falling under the enumerated grouping of mental processes includes observation, judgement, and evaluation during the limitation “the first and second scanning data to create a three- dimensional virtual model of at least a portion of the patient's gingival tissue, teeth, and the temporary abutment; determining, by the processor, one or more parameters based on the information marker; based on the determined one or more parameters, modifying, by the processor, the three-dimensional virtual model to remove the temporary abutment from the seating surface of the underlying implant to provide, in the modified three-dimensional virtual model, a location and orientation of the seating surface of the underlying implant and a relative position of the underlying implant in the patient's gingival tissue for use in creating, using the modified three-dimensional virtual model, a three-dimensional virtual model of a patient-specific abutment and/or permanent tooth prosthesis”, were the limitation “by a processor” and “creating” are interpreted under the broadest reasonable interpretation, as being capable of being performed with an arbitrary tool such as a computer. Furthermore, wherein the claim under broadest reasonable interpretation in light of the specification discloses a process which can be performed by the human mind or in combination with the assistance of a physical aid, and there is no specific claim limitation which inhibits a human from performing the disclosed steps, except generic computer implemented steps (See MPEP 2106.04(a)(2) (IID).
The judicial exception is not integrated into a practical application because the additional elements are not sufficient to amount to significantly more than the judicial exception for the following reason:
-claim 36 recites “before healing of a patient's gingival tissue after installation of a temporary abutment and underlying implant, the temporary abutment engaging a seating surface of the underlying implant, receiving, by a processor, first scanning data, the first scanning data comprising a patient's anatomy comprising an anatomically shaped emergence profile of the patient's gingival tissue surrounding the temporary abutment, information relating to and/or representative of an informational marker on the temporary abutment and information relating to and/or representative of a geometrical relationship between the anatomically shaped emergence profile, the information marker, and/or the patient's dental anatomy surrounding the temporary abutment; before healing of the patient's gingival tissue after installation of the temporary abutment and underlying implant, receiving, by the processor, second scanning data, the second scanning data comprising anatomical information related to and/or representative of the temporary abutment and/or temporary abutment cap while located outside of a mouth of the patient” which is considered insignificant extra-solution activity to the judicial exception, more specifically data gathering, which does not amount to an inventive concept (See MPEP 2106.05(g))).
-claim 36 recites “providing at least a portion of the modified three-dimensional virtual model for transfer to a machine to fabricate a rapid prototype model of the patient's mouth, the rapid prototype model comprising a replica of the patient's anatomically shaped emergence profile” this limitation is interpreted as providing the model to a milling machine and does not positively recite the step of fabricating the patient-specific abutment and/or permanent tooth prosthesis, and is therefore considered the insignificant extra-solution activity to the judicial exception, more specifically data outputting (See MPEP 2106.05(g))).
-claim 37 recites “the information marker comprises one or more of a positive informational marker, negative informational marker, raised projection, recess, notch, line, etch, and alphanumeric character, wherein the informational marker indicates one or more characteristics of the temporary abutment and/or underlying implant, and wherein the information marker indicates one or more of a rotational orientation of a non-rotational feature of the temporary abutment and/or underlying implant, a height of the temporary abutment, an x, y or z position of a table or seating surface of the underlying implant, an angle that the underlying implant rests with respect to a vertical axis within the jawbone, and a size and/or shape of the temporary abutment and/or implant, and a manufacturer of the underlying implant” which is considered a further elaboration of the insignificant extra-solution activity to the judicial exception, more specifically data gathering, which does not amount to an inventive concept (See MPEP 2106.05(g))).
-claim 38 recites “the determining one or more parameters based on the information marker comprises: mapping the informational marker in the first scanning data in a look-up table indexing the informational marker against corresponding parameters to determine the one or more parameters”. which is considered a further elaboration of the abstract idea of mental processes set forth above.
-claim 39 recites “merging the first and second scanning data comprises: aligning data sets representing the first and second scanning data by one or more of aligning corresponding informational markers on the temporary abutment and temporary abutment cap, evaluating portions of non-rotational features of the temporary abutment and temporary abutment cap, and using third scanning data of the temporary abutment cap installed on the temporary abutment” which is considered a further elaboration of the abstract idea of mental processes set forth above.
Allowable Subject Matter
Claims 14-20, 22-24, and 26-39 would be allowable if rewritten or amended to overcome the rejections set forth in this Office action.
See office action mailed 1/10/2025 for a statement of reasons for the indication of allowable subject matter.
Response to Arguments
Applicant's arguments filed 8/12/2025 have been fully considered. Amendments to claim 14 and the new claims 26-39 are rejected under 101 as being directed to abstract idea without significantly more. As set forth above, the added limitation “providing at least a portion of the three-dimensional virtual model of a patient-specific abutment and/or permanent tooth prosthesis for transfer to a milling machine to fabricate the patient-specific abutment and/or permanent tooth prosthesis” is interpreted as providing the model to a milling machine and does not recite a step of fabricating the patient-specific abutment and/or permanent tooth prosthesis, and is therefore considered the insignificant extra-solution activity to the judicial exception, more specifically data outputting.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANNEL N BELK whose telephone number is (571)272-9671. The examiner can normally be reached Mon. -Fri. 11:30 am - 3:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/S.N.B./ Examiner, Art Unit 3772
/THOMAS C BARRETT/ SPE, Art Unit 3799