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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9 December 2025 has been entered.
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 13 and 38-39 are 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.
Claim 13 is directed to a method of using an intraoral scanner with a processing system that includes a computer processor and non-transitory computer memory. The steps claimed are directed to a virtual gathering of data and virtually evaluating that data through the computer processor. Specifically, the first four steps described are directed to obtaining data, and the steps of aligning, calculating and generating that data are directed to the evaluation of that data, and the step of mounting is considered an organizing evaluation of that data in which do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claimed invention does not describe the final physical product from which the method needs the claimed steps.
Therefore, due to the claim does not include any final physical outcome of any formed, when followed the present method, the claim is considered that is directed to an abstract idea of generating a hinge axis position 3D impression which "is not meaningfully different from the ideas found to be abstract in other cases before the Supreme Court and our court involving methods of organizing human activity [792 F.3d. at 1367-68, 115 USPQ2d at 1640; In re Meyer, 688 F.2d 789, 791-93, 215 USPQ 193, 194-96 (CCPA 1982); Synopsys, Inc. v. Mentor Graphics Corp., 839 F.3d 1138, 120 USPQ2d 1473 (Fed. Cir. 2016); Electric Power Group, LLC v. Alstom, S.A., 830 F.3d 1350, 1351-52, 119 USPQ2d 1739, 1740 (Fed. Cir. 2016)].
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 13 and 38-39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jordan et al. (US 20080057466 A1).
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Regarding claim 13, Jordan discloses a method comprising: using an intraoral scanner and a processing system comprising a computer processor and non-transitory computer memory (see Fig. 1, 14 and 16A-168; [0050, 0055, 0120, 0162] - the images used as captured digital data may be intraoral photographs or three-dimensional scans; and using any processing system, e.g., personal computer), for performing the steps of:
a) obtaining a first 3-D digital model of the upper jaw teeth and gums (UJTGs) using intraoral scanner (see Fig. 1 and 2; [0050-0052, 0055, 0064] - digital data 14 includes digital data representing both the upper arch and lower arch of a patient, including the teeth and gums, with the data taken form digitization probes, forming three-dimensional images),
b) obtaining a second 3-D digital model of the lower jaw teeth and gums (LUTGs) using intraoral scanner (see Fig. 1 and 2; [0050-0052, 0055, 0064] - digital data 14 includes digital data representing both the upper arch and lower arch of a patient, including the teeth and gums, with the data taken form digitization probes, forming three-dimensional images),
c) obtaining a third 3-D digital model, using the intraoral scanner, that comprises at least a portion of said UJTGs and LJTGs in an occlusal and centric relation (CR) or retruded relation (RR) at a first mouth opening (MO) or functional position (JM) (see Fig. 1, 2, and [0056, 0061, 0064, 0126, 0129] - bite alignment data 16 includes data such as it includes bite registrations and three-dimensional positioning information for the arches, which can be recorded in multiple positions and motions),
d) obtaining a fourth 3-D digital model, using the intraoral scanner, that comprises at least a portion of said UJTGs and LUTGs in a CR or RR at a second mouth opening (MO) or FP that is different from said first MO (see Fig. 1, 2 and [0056, 0061, 0064, 0126, 0129] - bite alignment data 16 includes data such as bite registrations and three-dimensional positioning information for the arches, which can be recorded in multiple positions and motions),
e) aligning said first, second, third, and fourth 3-D models to generate a composite aligned model with the processing system (see Fig. 1-2, 4 and [0036, 0064, 0065, 0128, 0130] - alignment routines 22 manipulate the digital data to align the upper and lower dental arches from block 14);
f) calculating a CR or RR hinge axis position based on the difference between said first MO or FP and said second MO or FP (see Fig. 1-2, 5, and 8-10C; [0065] – “the alignment routines 22 may include a centric occlusion bite registration algorithm 23 (described in further detail below with reference to FIGS. 10A-10C) to optimize the position of the upper and lower members in centric occlusion. Portions of the centric occlusion bite registration algorithm 23 provide routines for providing a technique referred to hereinafter as the wobbling technique. Generally, the wobbling technique provides for manipulation of the measured digital data representative of the upper and lower dental arches to move the upper and lower dental arches relative to one another in one or more different directions by relatively small increments”), and [0066, 0067, 0133, 0134, 0142, 0144-0151] - a reference hinge axis may be determined in hinge axis attachment routine 24 using the aligned upper and lower dental arch images in conjunction with the hinge axis data 18 and condyle axis data to attach a reference hinge axis to the bite registration made using the aligned upper and lower dental arch data; therefore, due to the centric occlusion bite registration algorithm 23 is for optimizing the position of the upper and lower members in centric occlusion using the wobbling technique, that it includes the movement of the upper and lower members in small increments in one or more directions; the calculation of the CR or RR hinge axis position based on the difference between the first and second MO or FT is present in a plurality of instances during the loop of repeating until finding the position with gives the maximum number of pixels under threshold of the algorism shown in Fig. 10A; where it is included the first and second mouth opening (OM) or junctional position (JM) in the plurality of instances during said loop); and
g) generating a CR or RR hinge axis position 3-D impression (CorR HAP impression) by combining: A) said CR or RR hinge axis position, said first 3-D model, and said second 3-D model (see Fig. 2, 5, and 9; [0063, 0066, 0067, 0134, 0142] – where the dental articulation model 11 is created after block 24 (see Fig. 2), attaching a reference hinge axis to the bite registration made using the aligned upper and lower dental arch data), wherein said first 3D model and said second 3-D model are aligned to each other using said third 3-D model, or said fourth 3-D model (see Fig. 1-2, 4 and 6A-7; [0064, 0065, 0128, 0130] - alignment 22 routines (in Fig. 2 and 4) manipulate the digital data to align the upper and lower dental arches from block 14 using the bite alignment data from block 16 to create a bite registration (in Fig. 1), and
f) mounting the CR or RR hinge axis position 3D impression on a virtual articulator by aligning said CR or RR hinge axis position to said virtual articulator’s hinge axis position (see Fig. 12A-12B and 16A above, [0022], [0066-0067] – “The hinge axis data (block 18) is then use to locate a reference hinge axis for the dental articulation model 11 relative to the aligned upper and lower dental arch images. Thereafter, digital data representative of the reference hinge axis is linked or attached to the digital data created and stored by the alignment routines (block 22) and the dental articulation model is stored” and “the reference hinge axis of the patient has already been spatially defined in the dental articulation model relative to the upper and lower dental arches”, with that information “known in the condyle geometry data (block 19), such condyle geometry data 19 can be spatially attached to the dental articulation model using the common condyle axis (i.e., reference hinge axis) feature already spatially defined relative to the upper and lower dental arches. The condyle geometry data 19 may define the limits through which the upper and lower dental arch images can be moved during manipulation by a user. For example, lateral and protrusive excursions of the lower arch may be confined to within the limits of the condyle geometry data as provided in block 19 for the patient. The linked optional condyle geometry data is thus stored in conjunction with the other elements of the dental articulation model 11 for further use with user program 20”; therefore, if the reference hinge axis have been defined and the excursions of the lower arch are used to confine the limits, it is understood that the step of mounting the CR or RR hinge axis on the virtual articulator is present).
Regarding claim 38, Jordan discloses that only the intraoral scanner is used to take measurements of said subject’s teeth and gums (see Fig. 1 and 2; [0050-0052, 0055, 0064] - digital data 14 includes digital data representing both the upper arch and lower arch of a patient, including the teeth and gums, with the data taken form digitization probes, such as Laser scan, forming three-dimensional images),
Regarding claim 39, Jordan discloses that none of the following are used in the method: manual facial measurements, electronic facial scans, face/skull tomography, and face/skull radiography (see Fig. 1, 14 and 16A-16B; [0055] - the images can be captured using Laser scan).
Response to Arguments
Applicant's arguments filed 9 December 2025 have been fully considered but they are not persuasive.
Regarding claim 1 rejection, applicant argues that the prior art of Jordan does not disclose scanning in multiple positions.
The position of the Office is that Jordan discloses the use of a laser scan in order to obtain the upper jaw scanned data and the lower jaw scanned data (see [0055]). The spatial relationship between the upper and lower jaw is provided to create the digital articulation model 11, where one way of doing it is by alignment features added to a model and digitized with the digitization of the dental arches of the patient (see [0056]). Jordan uses the physical condyle geometry to limit the movement of the lower jaw with respect to the upper jaw, where said geometry is taken from scans (see [0060]), and with one alternative way of recording such movement is by recording the motions of a series of three-dimensional positions of three points of the mandible (in which it is understood that it can include the opening and closing the jaw, the centric relation and the retruded relation). Where said series of recorded motions may be captured and digitally store in files that are attached and linked through the condyle axis to the dental articulation model (see [0060]). In that way said series of recorded motions can be played back showing the full articulation of the patient in a three-dimensional computer model (see [0061]).
For that reason, it is understood that Jordan discloses in addition to obtaining the 3-D digital model of the upper and lower jaws using an intraoral scanner, it is also used a series of 3D scanned positions of the jaws in motion, in which it is understood that said motions includes the third 3-D digital model and the fourth 3-D digital model. Finally, it manipulates all that data in order to align all the corresponding images through a common condyle axis, to finally mount it into a digital articulator to create the final motion of the lower jaw with respect to the upper jaw.
Regarding the argument that the movement in Jordan is with respect to the mandible and the maxilla, not the dental arches. The Office understands that the mandible and the maxilla includes arches, therefore it is implicit the use of the arches when Jordan discloses the mandible and the maxilla.
For that reason, it is understood that the prior art of Jordan discloses the claimed subject matter as written in the claim. Making the claims not ready for allowance.
Conclusion
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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/MIRAYDA A APONTE/Examiner, Art Unit 3772 /ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772