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 § 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.
Claim 13 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims do not fall within at least one of the four categories of patent eligible subject matter because claimed invention is not patent eligible subject matter by identifying what the claims are directed to and explain why it does not fall within at least one of the four categories of patent eligible subject matter recited in 35 U.S.C. 101 (process, machine, manufacture, or composition of matter), e.g. the claimed invention is directed to a judicial exception of an abstract idea without significantly more.
With respect to step 1, claim 13 is directed to a method of mounting a virtual articulator using only data from an intraoral scanner, in which it is used an intraoral scanner with a processing system that includes a computer processor and a non-transitory computer memory, the steps include obtaining 3D digital models using an intraoral scanner of the upper jaw teeth and gums and the lower jaw teeth and gums by scanning intraoral cavity, obtaining another 3-D digital model of at least a portion of the upper jaw teeth and gums and the lower jaw teeth and gums in an occlusal and centric relation or retruded relation at a first mouth opening or functional position, wherein the 3-D digital model is obtained by positioning the patient's jaws at the first mouth opening or functional position and scanning the patient's upper jaw teeth and gums and the lower jaw teeth and gums with the intraoral scanner, then obtaining a another 3-D digital model including at least a portion of upper jaw teeth and gums and the lower jaw teeth and gums in a centric relation or retruded relation at a second mouth opening or functional position that is different from the previous first mouth opening, wherein in this 3-D digital model is obtained by positioning the patient's jaws to the second mouth opening or functional position; then aligning all the obtained 3-D models to generate a composite aligned model and calculating the hinge axis position using the processing system, then calculating a centric relation or retruded relation hinge axis position based on the difference between the first mouth opening or functional position and the second mouth opening or functional position, to finally calculating a centric relation or retruded relation hinge axis position based on the difference between first mouth opening or functional position and the second mouth opening or functional position, in which is eligible at step 1.
With respect to step 2A, it is considered an abstract idea the final step of mounting the centric relation and the retruded relation hinge axis position 3D impression on a virtual articulator by aligning hinge axis position to the virtual articulator's hinge axis position. Because, even when the step of mounting the 3D impression on a virtual articulator can give the impression of an action. The method does not provide how the computer processor and/or the non-transitory computer memory transmit that mounting information to the user. For that reason, it appears that said final step is directed to a mental process, not enough to amount to a practical application.
Therefore, when the method is viewed as a whole, the above-identified elements do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that the claim amount to significantly more than the abstract idea itself according to MPEP 2106.04(d)(2) and 2106.05(e).
Response to Arguments
Applicants’ arguments filed 13 April 2026 have been fully considered but they are not persuasive.
Regarding claim 13 rejection under 35 U.S.C. 101, applicant argues that the language used in the claim provides enough information that does complies with the subject matter eligibility under 35 U.S.C. 101.
The Office disagrees, even when the claim falls into one of the statutory categories of invention set forth in 35 U.S.C. 101 of a process, the steps described are limited to gathering information, virtually evaluating that information and virtually organizing that information. Even when the claim describes a step of mounting said CR or RR hinge axis position 3D impression on a virtual articulator as the alleged outcome of the process, it does not include what to do with that virtual information in order to be used by the clinician or the patient, outside of that virtual environment. For that reason, it is considered an abstract idea, because the claim as a whole does not include additional limitations amounting to significantly more than a judicial exception, because the claimed method does not have a step providing something to the user as explained above in the rejection.
Therefore, due to the amendments to claim 13 has not solved the issue indicated in the last Office action of 12 January 2026, the rejection is maintained, making the claim not ready for allowance.
Regarding claim 13 rejection under 35 USC 102, the added language limiting the gathering of information by only using an intraoral scanner and the use of only that data from that intraoral scanner to align, calculate and to generate the position for mounting the CR or the RR hinge axis position 3D impression of a virtual articulator is not found in the prior art of Jordan.
Conclusion
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 MIRAYDA ARLENE APONTE whose telephone number is (571)270-1933. The examiner can normally be reached M-F 8-5.
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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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/MIRAYDA A APONTE/Examiner, Art Unit 3772 /ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
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