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.
The USPTO “Interim Guidelines for Examination of Patent Applications for Patent Subject Matter Eligibility” (Official Gazette notice of 23 February 2010), Annex IV, reads as follows:
The USPTO recognizes that applicants may have claims directed to computer readable media that cover signals per se, which the USPTO must reject under 35 U.S.C. § 101 as covering both non-statutory subject matter and statutory subject matter. In an effort to assist the patent community in overcoming a rejection or potential rejection under 35 U.S.C. § 101 in this situation, the USPTO suggests the following approach. A claim drawn to such a computer readable medium that covers both transitory and non-transitory embodiments may be amended to narrow the claim to cover only statutory embodiments to avoid a rejection under 35 U.S.C. § 101 by adding the limitation "non-transitory" to the claim. Cf. Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (suggesting that applicants add the limitation "non-human" to a claim covering a multi-cellular organism to avoid a rejection under 35 U.S.C. § 101). Such an amendment would typically not raise the issue of new matter, even when the specification is silent because the broadest reasonable interpretation relies on the ordinary and customary meaning that includes signals per se. The limited situations in which such an amendment could raise issues of new matter occur, for example, when the specification does not support a non-transitory embodiment because a signal per se is the only viable embodiment such that the amended claim is impermissibly broadened beyond the supporting disclosure. See, e.g., Gentry Gallery, Inc. v. Berkline Corp., 134 F.3d 1473(Fed. Cir. 1998).
Claim 31 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter as follows. Claim 8 defines “a computer program product” , lines 1-2 in the preamble and lines 4-5 recites “the computer product comprising a computer readable storage medium”. However, the specification and claim do not define a non-transitory computer-readable medium or memory and is thus non-statutory for that reason (i.e., “examination the pending claims must be interpreted as broadly as their terms reasonably allow). The broadest reasonable interpretation of a claim drawn to a computer readable storage medium (also called machine readable storage medium and other such variations) typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent. See MPEP 2111.01. When the broadest reasonable interpretation of a claim covers a signal per se, the claim must be rejected under 35 U.S.C. § 101 as covering non-statutory subject matter. See In see Official Gazette Notice 1351 OG212, February 23,2010). That is, the scope of the presently claimed “computer program product ” typically covers forms of non-transitory tangible media and transitory propagating signals per se. The examiner suggests amending the claim and adding in the claim ”the computer program product comprising non-transitory computer-readable storage medium” in lines 1-2 or equivalent in order to make the claim statutory. Any amendment to the claim should be commensurate with its corresponding disclosure.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-14, 18, 20, 23-25, 27 and 29-33 are rejected under 35 U.S.C. 103 as being unpatentable over KUO et al. (WO 2009/048475, IDS) in view of Wedeking et al. (US 20220008172).
Regarding claims 1, 31 and 32 KUO disclose computer implemented method/computer program product/computer device for determining one or more parameters of one or more ortho-restorative measures to be applied to a tooth, the one or more ortho-restorative measures comprising an orthodontic adjustment of a position of the tooth within a dentition ( KUO Abstract FIGS. 9, 19 and 23 paragraphs 0036, 0062-0063 disclose computer implemented method/computer program product/ computer device and paragraphs 0005 and 0037 disclose identifying one or more parameters of interest, a dental professional can iterate processes of virtual orthodontia and virtual prosthodontia to observe whether each iteration produces a desired outcome for the parameter(s) of interest. The dental professional may perform the iterations together with the patient. The parameters of interest may include, for example, time of treatment, volume of tooth structure removed and paragraph 0075 KUO disclose the dental professional may also modify the prosthodontic treatment plan by modifying the teeth using virtual prosthodontics into a configuration that varies from the restorative treatment goal. The dental professional may repeat these steps several times. In addition, or in the alternative, as a result of the evaluation and visualization, the dental professional may modify the orthodontic treatment goal and/or the restorative treatment goal. For example, the dental professional may modify the restorative treatment goal by modifying the desired final tooth position goal and/or tooth shape. This obviously corresponds to determining one or more parameters of one or more ortho-restorative measures to be applied to a tooth, the one or more ortho-restorative measures comprising an orthodontic adjustment of a position of the tooth within a dentition) comprising:
receiving a three-dimensional digital tooth model, the three-dimensional digital tooth model being descriptive of a current form and a current position of the tooth within the dentition (KUO, FIGS 9, 19 and 23 , paragraph 0062 3D virtual model, FIG. 19, block S100 and paragraph 0092 dental professional manipulate the virtual beginning model using the computer software, as shown at step S 102. This manipulation may include simulating the effect of orthodontic treatment by virtually repositioning one or more teeth into a different position, such that the amount of tooth reduction necessary becomes reduced or more balanced for the desired restorative outcome. In the system of KUO it is obvious that KUO system receiving three-dimensional digital tooth model, the three-dimensional digital tooth model being descriptive of a current form and a current position of the tooth within the dentition ),
receiving a three-dimensional digital restorative tooth model, the three-dimensional digital restorative tooth model defining a target form and a target position of the tooth to be achieved by the one or more ortho-restorative measures (KUO, FIGS. (KUO, FIGs 9, 19 and 23 , paragraph 0062 3D virtual model, FIG. 19 block S102 and paragraph 0092 dental professional manipulate the virtual beginning model using the computer software, as shown at step S 102. This manipulation may include simulating the effect of orthodontic treatment by virtually repositioning one or more teeth into a different position, such that the amount of tooth reduction necessary becomes reduced or more balanced for the desired restorative outcome. This obviously corresponds to receiving a three-dimensional digital restorative tooth model, the three-dimensional digital restorative tooth model defining a target form and a target position of the tooth to be achieved by the one or more ortho-restorative measures),
determining a three-dimensional digital reduced restorative tooth model using the three- dimensional digital restorative tooth model, which is reduced by a predefined minimum volume required for receiving a dental restoration element for obtaining the target form of the tooth (KUO FIGS 9, 19 and 23 , paragraph 0062 3D virtual model, FIG. 19 paragraph 0092 disclose the dental professional may then manipulate the virtual beginning model using the computer software, as shown at step S 102. This manipulation may include simulating the effect of orthodontic treatment by virtually repositioning one or more teeth into a different position, such that the amount of tooth reduction necessary becomes reduced or more balanced for the desired restorative outcome. On the computer screen, the dental professional may also remove portions of the teeth and/or build-up other portions of the teeth in order to generate a second virtual model of the patient's dentition in a desired final configuration. This obviously corresponds to determining a three-dimensional digital reduced restorative tooth model using the three- dimensional digital restorative tooth model, which is reduced by a predefined minimum volume required for receiving a dental restoration element for obtaining the target form of the tooth),
determining a core section of the three-dimensional digital tooth model to be excluded from preparation (KUO FIGS. 12 and 16, KUO paragraph 0025 disclose FIG. 16 is a front elevation view of the tooth of FIG. 12 and one embodiment of the present prosthodontic apparatus, illustrating the step of removing a portion (core-section or coronal ) of the tooth that extends beyond the apparatus and FIG. 23 paragraph 00117 KUO disclose In step S2308, the dental professional, again perhaps in conjunction with the dental laboratory or any other company or service/product provider, may transform the virtual model of the Initial position using virtual prosthodontia to create a computer-generated, 3-D, virtual model of the patient's dentition in a Prepared or cut configuration. The virtual prosthodontics may include the tooth mass removal that the dental professional deems necessary to achieve the design goal (the desired "smile"). The initial Prepared position is referred to hereinafter as the tentative Prepared position. In the system of KUO it is obvious that the system can determine a core section or any section of tooth of the three-dimensional digital tooth model to be excluded from preparation),
determining one or more orthodontic parameters descriptive of the orthodontic adjustment of the position of the three-dimensional digital tooth model with at least a part of the core section of the orthodontically adjusted three-dimensional digital tooth model fitting into the three-dimensional digital reduced restorative tooth model (KUO FIG. 26 and paraph 00128 disclose as shown in step s2604, after a veneer template has been selected, the veneer template may be used to generate the actual veneer shape model (actual restoration) by deforming the veneer template to approximate the final restoration model. When the physical parameters of the veneer template are changed, the geometry of the actual restoration changes. The deformation may be achieved through the adjustment of the physical parameters, 3D morphing and the adjustment of the control points on the template surface. Furthermore KUO FIGS. 12 and 16, KUO paragraph 0025 disclose FIG. 16 is a front elevation view of the tooth of FIG. 12 and one embodiment of the present prosthodontic apparatus, illustrating the step of removing a portion (core-section or coronal section) of the tooth that extends beyond the apparatus and FIG. 23 paragraph 00117 KUO disclose In step s2308, the dental professional, again perhaps in conjunction with the dental laboratory or any other company or service/product provider, may transform the virtual model of the Initial position using virtual prosthodontia to create a computer-generated, 3-D, virtual model of the patient's dentition in a Prepared or cut configuration. The virtual prosthodontics may include the tooth mass removal that the dental professional deems necessary to achieve the design goal (the desired "smile"). The initial Prepared position is referred to hereinafter as the tentative Prepared position. It would obvious to remove core portion or any other section to fit/secure the veneer to tooth paragraph 0047),
outputting the one or more orthodontic parameters (KUO FIGS. 9, 11, 19 and 23 paragraph 0075 KUO disclose the dental professional may also modify the prosthodontic treatment plan by modifying the teeth using virtual prosthodontics into a configuration that varies from the restorative treatment goal. The dental professional may repeat these steps several times. In addition, or in the alternative, as a result of the evaluation and visualization, the dental professional may modify the orthodontic treatment goal and/or the restorative treatment goal. For example, the dental professional may modify the restorative treatment goal by modifying the desired final tooth position goal and/or tooth shape. In the system of KUO it is obvious that outputting the one or more orthodontic parameters such as tooth volume, position and shape).
In the same field of restoration of tooth Wedeking disclose:
determining a core section of the three-dimension model (Wedeking Fig. 10 and 11A-11B, paragraph 00162, a three-dimensional drawing and/or scan of an extracted tooth root, or fractured pieces of an extracted tooth root may be received by, for example, a processor-based system like processor-based system 1600, which in some embodiments may include a processor configured as a computer-aided design (CAD) module. FIG. 11A provides a cross-section drawing 1101 of an exemplary tooth that may be extracted via an atraumatic extraction and may be used to generate the three-dimensional image and/or scan of the extracted tooth root received in step 1005. Tooth 1100 includes a broken crown 1105 and a tooth root 1110. Tooth root 1110 is resident within socket site 1120 and a cross-section drawing 1102 depicts tooth 1100 when extracted from socket site 1120 as shown in FIG. 11B. A three-dimensional drawing and/or scan of extracted tooth root 1110 may be received in step 1005. In some embodiments, the extracted tooth root may include an indication of the bone height line for the extracted tooth root which may be, for example, an upper edge of the cortical bone, like cortical bone 415, of the socket site that may be incorporated into the three-dimensional image/scan. This obviously corresponds to determining a core section of the three-dimension model and as show in Figs 11A-11B) and
determining one or more orthodontic parameters descriptive of the orthodontic adjustment of the position of the three-dimensional digital tooth model with at least a part of the core section of the orthodontically adjusted three-dimensional digital tooth model fitting into the three-dimensional digital reduced restorative tooth model (Wedeking Fig. 10 and 11A-11B, paragraph 0163 In step 1010, a three-dimensional model of the extracted tooth root and/or a corresponding socket site from which the tooth was extracted may be generated using the images and/or scans received in step 1005. In some embodiments, the three-dimensional model may be modified to remove one or more elements, or features, of the extracted tooth root except for the outline, or profile, of the extracted tooth root. Exemplary elements/features that may be removed include, but are not limited to, dentin, pulp chamber, and root canal. In some embodiments, this modified three-dimensional model may represent the shape of the native tooth root and/or the architecture of a corresponding socket site and may be used during execution of steps 1015, 1020, and/or 1025, and paragraph 0165 Wedeking discloses In step 1020, a modified three-dimensional model of the extracted tooth root may be generated. In some embodiments, execution of step 1020 includes removing one or more elements, or features, of the three-dimensional scan of extracted tooth root in order to, for example, generate a smooth outline, or profile, of the extracted tooth root. Exemplary elements/features that may be removed include, but are not limited to, irregularities of the tooth root (e.g., bumps dents, and/or protrusions) dentin, pulp chamber, and root canal. Additionally, or alternatively, execution of step 1020 may include adjusting an overall length of the three-dimensional model of the extracted tooth root to make the length of the three-dimensional model of the extracted tooth root shorter than the length of the extracted tooth root and/or corresponding socket site. This obviously corresponds to determining one or more orthodontic parameters descriptive of the orthodontic adjustment of the position of the three-dimensional digital tooth model with at least a part of the core section of the orthodontically adjusted three-dimensional digital tooth model fitting into the three-dimensional digital reduced restorative tooth model).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to receive a three-dimensional digital tooth model, the three-dimensional digital tooth model being descriptive of a current form and a current position of the tooth within the dentition, receive a three-dimensional digital restorative tooth model, the three-dimensional digital restorative tooth model defining a target form and a target position of the tooth, determine a three-dimensional digital reduced restorative tooth model using the three- dimensional digital restorative tooth model, which is reduced by a predefined minimum volume required for receiving a dental restoration element for obtaining the target form of the tooth, determine core section of the tooth, determine one or more orthodontic parameters descriptive of the orthodontic adjustment of the position of the three-dimensional digital tooth model with at least a part of the core section of the orthodontically adjusted three-dimensional digital tooth model fitting into the three-dimensional digital reduced restorative tooth model, determine one or more orthodontic parameters descriptive of the orthodontic adjustment of the position of the three-dimensional digital tooth model with at least a part of the core section of the orthodontically adjusted three-dimensional digital tooth model fitting into the three-dimensional digital reduced restorative tooth model and outputting the one or more orthodontic parameters as shown by combination of KUO Wedeking because such a system provides automated system to Prosthodontics for correcting irregularities in a patient's dentition, such as missing, misshaped, malformed tooth as stated by KUO 0002-0005 and provides system for computer aided design of dental implants for tooth restoration as stated by Wedeking paragraph 0002.
Regarding claim 2 Wedeking disclose the orthodontic adjustment being determined with the complete core section of the orthodontically adjusted three-dimensional digital tooth model fitting into the three-dimensional digital reduced restorative tooth model (Wedeking Fig. 10 and 11A-11B, paragraph 0163 In step 1010, a three-dimensional model of the extracted tooth root and/or a corresponding socket site from which the tooth was extracted may be generated using the images and/or scans received in step 1005. In some embodiments, the three-dimensional model may be modified to remove one or more elements, or features, of the extracted tooth root except for the outline, or profile, of the extracted tooth root. Exemplary elements/features that may be removed include, but are not limited to, dentin, pulp chamber, and root canal. In some embodiments, this modified three-dimensional model may represent the shape of the native tooth root and/or the architecture of a corresponding socket site and may be used during execution of steps 1015, 1020, and/or 1025, and paragraph 0165 Wedeking discloses In step 1020, a modified three-dimensional model of the extracted tooth root may be generated. In some embodiments, execution of step 1020 includes removing one or more elements, or features, of the three-dimensional scan of extracted tooth root in order to, for example, generate a smooth outline, or profile, of the extracted tooth root. Exemplary elements/features that may be removed include, but are not limited to, irregularities of the tooth root (e.g., bumps dents, and/or protrusions) dentin, pulp chamber, and root canal. Additionally, or alternatively, execution of step 1020 may include adjusting an overall length of the three-dimensional model of the extracted tooth root to make the length of the three-dimensional model of the extracted tooth root shorter than the length of the extracted tooth root and/or corresponding socket site. This obviously corresponds to the orthodontic adjustment being determined with the complete core section of the orthodontically adjusted three-dimensional digital tooth model fitting into the three-dimensional digital reduced restorative tooth model ).
Regarding claim 3 Wedeking disclose orthodontic adjustment being determined with another part of the core section of the orthodontically adjusted three-dimensional digital tooth model not fitting into the three-dimensional digital reduced restorative tooth model, the method further comprising updating the three-dimensional digital reduced restorative tooth model by an adjusted three-dimensional digital reduced restorative tooth model being adjusted to comprise the complete core section of the orthodontically adjusted three-dimensional digital tooth model, updating the three-dimensional digital restorative tooth model by an adjusted three-dimensional digital restorative tooth model adjusted using the adjusted three-dimensional digital reduced restorative tooth model ((Wedeking Fig. 10 and 11A-11B, paragraph 0163 In step 1010, a three-dimensional model of the extracted tooth root and/or a corresponding socket site from which the tooth was extracted may be generated using the images and/or scans received in step 1005. In some embodiments, the three-dimensional model may be modified to remove one or more elements, or features, of the extracted tooth root except for the outline, or profile, of the extracted tooth root. Exemplary elements/features that may be removed include, but are not limited to, dentin, pulp chamber, and root canal. In some embodiments, this modified three-dimensional model may represent the shape of the native tooth root and/or the architecture of a corresponding socket site and may be used during execution of steps 1015, 1020, and/or 1025, and paragraph 0165 Wedeking discloses In step 1020, a modified three-dimensional model of the extracted tooth root may be generated. In some embodiments, execution of step 1020 includes removing one or more elements, or features, of the three-dimensional scan of extracted tooth root in order to, for example, generate a smooth outline, or profile, of the extracted tooth root. Exemplary elements/features that may be removed include, but are not limited to, irregularities of the tooth root (e.g., bumps dents, and/or protrusions) dentin, pulp chamber, and root canal. Additionally, or alternatively, execution of step 1020 may include adjusting an overall length of the three-dimensional model of the extracted tooth root to make the length of the three-dimensional model of the extracted tooth root shorter than the length of the extracted tooth root and/or corresponding socket site. All this obviously corresponds to orthodontic adjustment being determined with another part of the core section of the orthodontically adjusted three-dimensional digital tooth model not fitting into the three-dimensional digital reduced restorative tooth model, the method further comprising updating the three-dimensional digital reduced restorative tooth model by an adjusted three-dimensional digital reduced restorative tooth model being adjusted to comprise the complete core section of the orthodontically adjusted three-dimensional digital tooth model, updating the three-dimensional digital restorative tooth model by an adjusted three-dimensional digital restorative tooth model adjusted using the adjusted three-dimensional digital reduced restorative tooth model).
Regarding claim 4 KUO disclose the predefined minimum volume having a thickness comprising a minimum material thickness required by a predefined restoration material of the dental restoration element (KUO Fig. 13, paragraph 0093 disclose FIG. 13 illustrates one example of tooth modifications with which the dental professional may experiment, and about which the dental professional and the patient may confer. In FIG. 13, the tooth 20 is shown in the beginning configuration (solid lines) and in one possible final configuration (dashed lines). To reach the final configuration the dental professional applies a dental restoration to the tooth 20. In the illustrated embodiment, the dental restoration is veneer 22. However, those of ordinary skill in the art will appreciate that the present methods may involve the placement of any type of dental restoration, such as a bridge or a crown and paragraph 00127 KUO disclose Referring now to FIG. 26, as shown in step s2602, to create an actual restoration from the final restoration, a veneer template may be selected from a veneer library, which includes all types, shapes and sizes of veneers. The veneer template provides a reference geometry for the modeling of the actual restoration. The reference geometry of the veneer template may be a 3D digital model. Generally, the veneer template may be defined by various physical parameters, such as height, width, thickness and the like In the system of KUO the minimum thickness is obvious and necessary requirement because design of restoration needs to sustain stress during daily use).
Regarding claim 5 KUO disclose the minimum material thickness being a tooth section depending minimum material thickness (KUO Fig. 13, paragraph 0093 disclose, FIG. 13 illustrates one example of tooth modifications with which the dental professional may experiment, and about which the dental professional and the patient may confer. In FIG. 13, the tooth 20 is shown in the beginning configuration (solid lines) and in one possible final configuration (dashed lines). To reach the final configuration the dental professional applies a dental restoration to the tooth 20. In the illustrated embodiment, the dental restoration is veneer 22. However, those of ordinary skill in the art will appreciate that the present methods may involve the placement of any type of dental restoration, such as a bridge or a crown and paragraph 00127 KUO disclose Referring now to FIG. 26, as shown in step s2602, to create an actual restoration from the final restoration, a veneer template may be selected from a veneer library, which includes all types, shapes and sizes of veneers. The veneer template provides a reference geometry for the modeling of the actual restoration. The reference geometry of the veneer template may be a 3D digital model. Generally, the veneer template may be defined by various physical parameters, such as height, width, thickness and the like In the system of KUO the minimum material thickness is obvious and necessary requirement because design of restoration needs to sustain stress during daily use of restoration of crown or veneer).
Regarding claim 6 KUO disclose the thickness of the minimum volume further comprising a predefined additional minimum space for applying a bonding material for bonding the dental restoration element to the three-dimensional digital reduced restorative tooth model (KUO Fig. 13, paragraph 0093 disclose FIG. 13 illustrates one example of tooth modifications with which the dental professional may experiment, and about which the dental professional and the patient may confer. In FIG. 13, the tooth 20 is shown in the beginning configuration (solid lines) and in one possible final configuration (dashed lines). To reach the final configuration the dental professional applies a dental restoration to the tooth 20. In the illustrated embodiment, the dental restoration is veneer 22. However, those of ordinary skill in the art will appreciate that the present methods may involve the placement of any type of dental restoration, such as a bridge or a crown and paragraph 00127 KUO disclose Referring now to FIG. 26, as shown in step s2602, to create an actual restoration from the final restoration, a veneer template may be selected from a veneer library, which includes all types, shapes and sizes of veneers. The veneer template provides a reference geometry for the modeling of the actual restoration. The reference geometry of the veneer template may be a 3D digital model. Generally, the veneer template may be defined by various physical parameters, such as height, width, thickness and the like. In the system of KUO predefined additional minimum space for applying a bonding material for bonding the dental restoration element to the three-dimensional digital reduced restorative tooth model because bonding predefined additional minimum space for applying a bonding material would be required for the placement of real restoration of crown or veneer).
Regarding claim 7 Wedeking disclose determining position and form of a pulp chamber of the tooth within the three-dimensional digital tooth model, the pulp chamber being comprised by the core section of the three-dimensional digital tooth model. (Wedeking Fig. 10 and 11A-11B, paragraph 0163 In step 1010, a three-dimensional model of the extracted tooth root and/or a corresponding socket site from which the tooth was extracted may be generated using the images and/or scans received in step 1005. In some embodiments, the three-dimensional model may be modified to remove one or more elements, or features, of the extracted tooth root except for the outline, or profile, of the extracted tooth root. Exemplary elements/features that may be removed include, but are not limited to, dentin, pulp chamber, and root canal. In some embodiments, this modified three-dimensional model may represent the shape of the native tooth root and/or the architecture of a corresponding socket site and may be used during execution of steps 1015, 1020, and/or 1025, and paragraph 0165 Wedeking discloses In step 1020, a modified three-dimensional model of the extracted tooth root may be generated. In some embodiments, execution of step 1020 includes removing one or more elements, or features, of the three-dimensional scan of extracted tooth root in order to, for example, generate a smooth outline, or profile, of the extracted tooth root. Exemplary elements/features that may be removed include, but are not limited to, irregularities of the tooth root (e.g., bumps dents, and/or protrusions) dentin, pulp chamber, and root canal. Additionally, or alternatively, execution of step 1020 may include adjusting an overall length of the three-dimensional model of the extracted tooth root to make the length of the three-dimensional model of the extracted tooth root shorter than the length of the extracted tooth root and/or corresponding socket site. Furthermore Wedeking, paragraph 0219 disclose In some embodiments, execution of step 1745 may include analysis of socket site 1925 in order to determine, for example, the dimensions (e.g., diameter, radius, circumference, position of irregular shapes within the opening, etc.) of the opening or top of socket site 1925 so that dimensions and/or configurations of projecting retentive elements 2030 and/or divots 2040 may be selected for addition to the surface of, for example, model 2007 and/or 1811 in a manner that accommodates the size and shape of the opening at the top of the socket site. Therefore it is obvious in the system of Wedeking determining position and form of a pulp chamber of the tooth within the three-dimensional digital tooth model, the pulp chamber being comprised by the core section of the three-dimensional digital tooth model.)
Regarding claim 8 Wedeking disclose the core section of the three-dimensional digital tooth model further comprising a safety layer of tooth material for protecting the pulp chamber (Wedeking Fig. 10 and 11A-11B, paragraph 0163 In step 1010, a three-dimensional model of the extracted tooth root and/or a corresponding socket site from which the tooth was extracted may be generated using the images and/or scans received in step 1005. In some embodiments, the three-dimensional model may be modified to remove one or more elements, or features, of the extracted tooth root except for the outline, or profile, of the extracted tooth root. Exemplary elements/features that may be removed include, but are not limited to, dentin, pulp chamber, and root canal. In some embodiments, this modified three-dimensional model may represent the shape of the native tooth root and/or the architecture of a corresponding socket site and may be used during execution of steps 1015, 1020, and/or 1025. In the system of Wedeking it would be obvious to apply the safety material layer after removal of one or more elements, or features, of the extracted tooth root).
Regarding claim 9 Wedeking disclose ortho-restorative measures comprising a preparation of the orthodontically adjusted three-dimensional digital tooth model for receiving the dental restoration element, the method further comprising determining one or more preparation parameters descriptive of the preparation of the orthodontically adjusted three- dimensional digital tooth model (Wedeking Figs.16 and 17A-17B, paragraph 0034 Wedeking disclose Fabrication information may then be communicated to an implant fabrication tool such as a three-dimensional printer and/or milling machine. The fabrication information may comprise parameters for fabricating a dental implant that corresponds to the modified three-dimensional model. At times, the fabrication information may be generated by, for example, converting the modified three-dimensional model of the tooth root into a design specification for the dental implant and/or formatting the design specification for the dental implant into a format compatible with an implant fabrication tool, and paragraph 0203. Further Figs. 16, 17A and 17B, paragraph 0206-0207, Wedeking disclose FIGS. 17A and 17B provide a flowchart that illustrates a process 1700 for designing a dental implant. Process 1700 may be executed by, for example, a processor or computer executing a set of instructions stored on a memory in communication with the processor. In some embodiments, process 1700 may incorporate steps of process 1000 as shown in FIG. 10 and discussed above. Additionally, or alternatively, process 1000 may incorporate steps of process 1700. FIGS. 18A-18O and FIGS. 19A, 19B, 20A-20L, 21A, and 21B provide a series of drawings that depict extracted teeth and a series of iterations to a model of a dental implant as may occur during execution of a dental implant design process like process 1700 and will be discussed below with regard to exemplary relevant steps of process 1700. ), outputting the one or more preparation parameters (Wedeking Fig. 16 0034, 0206-0207 implant fabrication tool and display, the display in Fig. 16 and parameters 17A-17B can obviously be displayed and outputted)
Regarding claim 10 Wedeking disclose the preparation described by the one or more preparation parameters comprising removing one or more sections of the orthodontically adjusted three- dimensional digital tooth model extending beyond the three-dimensional digital reduced restorative tooth model (Wedeking, Figs. 16 and 17A-17B, BLOCKS 1725-1740 and 1745-1785, paragraph 0206-0207. Based on Figs 17A-17B it is obvious that the system includes the preparation described by the one or more preparation parameters comprising removing one or more sections of the orthodontically adjusted three- dimensional digital tooth model extending beyond the three-dimensional digital reduced restorative tooth model).
Regarding claim 11 Wedeking disclose one or more preparation parameters further comprising removing a surface layer from a surface section of the orthodontically adjusted three-dimensional digital tooth model arranged within the three- dimensional digital reduced restorative tooth model for improving the bonding of the dental restoration element to the surface section (Wedeking Figs. 17A-17B, BLOCKS 1720-1735, disclose decrease the height of the of modified model of the root and adjust the size and volume of the modified model and tapper to an upper region of the modified model are obviously corresponds to improving bonding of restoration element and also note: Fig 17B BLOCKS 1750, 1755 and 1760 disclose add connector portion model of tooth root and abutment to modified tooth root model).
Regarding claim 12, Wedeking disclose the three-dimensional digital tooth model comprising one or more defects of the tooth to be repaired by the one or more ortho-restorative measures to be applied to the tooth, the one or more preparation parameters being further adjusted to remove the defects (Wedeking Figs.17A-17B, BLOCKS 1715-1720 removing portions of model and decrease the height of modified model of tooth root and also note BLOCKS 1750 and 1755. In the system of Wedeking tooth root is obviously corresponds to tooth defect)
Regarding claim 13, Wedeking disclose the determining of the one or more preparation parameters further comprising taking into account an insertion direction of the dental restoration element onto the orthodontically adjusted three-dimensional digital tooth model (Wedeking Figs 17A-17B BLOCKS 1735-1740 disclose add a taper to an upper region of the modified tooth model and adjust a size and volume mesial and distal areas of tooth model. In the system of Wedeking taper areas of regions and adjust a size and volume mesial and distal areas obviously can provide the direction of insertion of the implant).
Regarding claim 14, Wedeking disclose preparation parameters being further adjusted to block out undercuts of the shape of the prepared orthodontically adjusted three-dimensional digital tooth model in the insertion direction of the dental restoration element (Wedeking Figs 17A-17B BLOCKS 1735-1740 disclose add a taper to an upper region of the modified tooth model and adjust a size and volume mesial and distal areas of tooth model, This obviously corresponds to preparation parameters being further adjusted to block out undercuts of the shape of the prepared orthodontically adjusted three-dimensional digital tooth model in the insertion direction of the dental restoration element).
Regarding claim 18 Wedeking disclose receiving a three-dimensional digital gingiva model, the three-dimensional digital gingiva model being descriptive of a current form and a current position of a gingiva around the tooth within the dentition, adjusting the form and the position of the three-dimensional digital gingiva model to the orthodontic adjustment of the position of the three-dimensional digital tooth model (Wedeking paragraph 0091 disclose Root portion 110 may be configured to sit entirely below the gum tissue and an upper surface of the cortical bone of a socket site as will be discussed in further detail below with reference to, for example, FIG. 8. Root portion 110 may be designed using a three-dimensional scan, a three-dimensional l, or other information (e.g., X-ray and MRI) of an extracted tooth and/or tooth root as disclosed herein. In this way, an implant may be customized to a patient and/or socket site and Figs 17A-17B paragraph 0223 In step 1755, an abutment, like abutment 410, may be added to the top of the connector portion of the modified model of the tooth root of step 1750. Another exemplary abutment 1852 is shown in FIG. 18N. In some embodiments, the abutment may be a margin for a crown that may be positioned on top of the implant when it is inserted into the socket site. In some cases, the abutment may be a predesigned chamfer shape of an appropriate size (e.g., cross-sectional area, height, etc.). In some cases, a height for the abutment may be selected using information (e.g., height of teeth adjacent to the extracted tooth, chewing habits of the patient who had his or her tooth extracted, strength or thickness of bone making up the socket site, and/or whether the patient has gum disease) provided by a dental professional (e.g., the dental professional who extracted the tooth). Additionally, or alternatively, the height of the abutment may be selected using a model, impression, and/or scan of the patient's full mouth prior to the extraction. In the system of Wedeking it would be obvious to receiving a three-dimensional digital gingiva model, the three-dimensional digital gingiva model being descriptive of a current form and a current position of a gingiva around the tooth within the dentition, adjusting the form and the position of the three-dimensional digital gingiva model to the orthodontic adjustment of the position of the three-dimensional digital tooth model because Root portion 110 may be configured to sit entirely below the gum tissue and an upper surface of the cortical bone of a socket site as will be discussed in further detail below with reference to, for example, FIG. 8. Root portion 110 may be designed using a three-dimensional scan, a three-dimensional).
Regarding claim 20 Wedeking disclose generating a three-dimensional digital dental restoration model defining the dental restoration element, the three-dimensional digital dental restoration model being adjusted to the one or more preparation parameters descriptive of the preparation of the prepared orthodontically adjusted tooth, outputting the three-dimensional digital dental restoration model (Wedeking Figs.16 and 17A-17B, paragraph 0034 Wedeking disclose Fabrication information may then be communicated to an implant fabrication tool such as a three-dimensional printer and/or milling machine. The fabrication information may comprise parameters for fabricating a dental implant that corresponds to the modified three-dimensional model. At times, the fabrication information may be generated by, for example, converting the modified three-dimensional model of the tooth root into a design specification for the dental implant and/or formatting the design specification for the dental implant into a format compatible with an implant fabrication tool, and paragraph 0203. Further Figs. 16, 17A and 17B, paragraph 0206-0207, Wedeking disclose FIGS. 17A and 17B provide a flowchart that illustrates a process 1700 for designing a dental implant. Process 1700 may be executed by, for example, a processor or computer executing a set of instructions stored on a memory in communication with the processor. In some embodiments, process 1700 may incorporate steps of process 1000 as shown in FIG. 10 and discussed above. Additionally, or alternatively, process 1000 may incorporate steps of process 1700. FIGS. 18A-18O and FIGS. 19A, 19B, 20A-20L, 21A, and 21B provide a series of drawings that depict extracted teeth and a series of iterations to a model of a dental implant as may occur during execution of a dental implant design process like process 1700 and will be discussed below with regard to exemplary relevant steps of process 1700.) and outputting the three-dimensional digital dental restoration model (Wedeking Fig. 16 0034, 0206-0207 implant fabrication tool and display, the display in Fig. 16 and adjusted parameters 17A-17B can obviously be displayed and outputted)
Regarding claim 23 Wedeking disclose controlling a manufacturing device for manufacturing the dental restoration element in form of a physical copy of the three-dimensional digital dental restoration model (Wedeking Figs. 16, 17A-17B paragraph 0034 Fabrication information may then be communicated to an implant fabrication tool such as a three-dimensional printer and/or milling machine. The fabrication information may comprise parameters for fabricating a dental implant that corresponds to the modified three-dimensional model. At times, the fabrication information may be generated by, for example, converting the modified three-dimensional model of the tooth root into a design specification for the dental implant and/or formatting the design specification for the dental implant into a format compatible with an implant fabrication tool. This obviously corresponds to controlling a manufacturing device for manufacturing the dental restoration element in form of a physical copy of the three-dimensional digital dental restoration model).
Regarding claim 24 Wedeking disclose the determining of the one or more orthodontic parameters of the orthodontic adjustment of the position of the three-dimensional digital tooth model further comprising determining a final position of the core section of the orthodontically adjusted three- dimensional digital tooth model within the three-dimensional digital reduced restorative tooth model (Wedeking Figs. 17A-17B Blocks 1720-1740, 1745-1765 as shown Wedeking disclose determining of the one or more orthodontic parameters of the orthodontic adjustment of the position of the three-dimensional digital tooth model further comprising determining a final position of the core section of the orthodontically adjusted three- dimensional digital tooth model within the three-dimensional digital reduced restorative tooth mode especially in Fig. 17 A blocks 1730-1740 and Fig. 17B Blocks 1750-1765)
Regarding claim 25 Wedeking disclose determining of the final position comprising repeatedly further adjusting the position of the three-dimensional digital tooth model and determining one or more updated preparation parameters of the preparation of the further adjusted three-dimensional digital tooth model, until a predefined stop criterion for the further adjusting is satisfied by the updated preparation parameters (Wedeking Figs. 17A-17B Blocks 1720-1740, 1745-1765 as shown Wedeking determining of the final position comprising repeatedly further adjusting the position of the three-dimensional digital tooth model and determining one or more updated preparation parameters of the preparation of the further adjusted three-dimensional digital tooth model, until a predefined stop criterion for the further adjusting is satisfied by the updated preparation parameters and particular note in Fig. 17B Blocks 1760-1785 obviously provide the stop criteria )
Regarding claim 27 Wedeking determining a direction of the orthodontic adjustment of the three-dimensional digital tooth model using one or more reference points of the three-dimensional digital tooth model and one or more reference points of the three- dimensional digital restorative tooth model ((Wedeking Fig. 10 and 11A-11B, paragraph 0163 In step 1010, a three-dimensional model of the extracted tooth root and/or a corresponding socket site from which the tooth was extracted may be generated using the images and/or scans received in step 1005. In some embodiments, the three-dimensional model may be modified to remove one or more elements, or features, of the extracted tooth root except for the outline, or profile, of the extracted tooth root. Exemplary elements/features that may be removed include, but are not limited to, dentin, pulp chamber, and root canal. In some embodiments, this modified three-dimensional model may represent the shape of the native tooth root and/or the architecture of a corresponding socket site and may be used during execution of steps 1015, 1020, and/or 1025, and paragraph 0165 Wedeking discloses In step 1020, a modified three-dimensional model of the extracted tooth root may be generated. In some embodiments, execution of step 1020 includes removing one or more elements, or features, of the three-dimensional scan of extracted tooth root in order to, for example, generate a smooth outline, or profile, of the extracted tooth root. Exemplary elements/features that may be removed include, but are not limited to, irregularities of the tooth root (e.g., bumps dents, and/or protrusions) dentin, pulp chamber, and root canal. Additionally, or alternatively, execution of step 1020 may include adjusting an overall length of the three-dimensional model of the extracted tooth root to make the length of the three-dimensional model of the extracted tooth root shorter than the length of the extracted tooth root and/or corresponding socket site. In the system it would be obvious to determining a direction of the orthodontic adjustment of the three-dimensional digital tooth model using one or more reference points of the three-dimensional digital tooth model and one or more reference points of the three- dimensional digital restorative tooth model in order to remove one or more elements/features that may be removed include, dentin, pulp chamber, and root canal).
Regarding claim 29 Wedeking receiving a definition of the direction for the orthodontic adjustment of the three-dimensional digital tooth model (Wedeking Figs. 16 and 17 A, paragraph 0165 Wedeking discloses In step 1020, a modified three-dimensional model of the extracted tooth root may be generated. In some embodiments, execution of step 1020 includes removing one or more elements, or features, of the three-dimensional scan of extracted tooth root in order to, for example, generate a smooth outline, or profile, of the extracted tooth root. Exemplary elements/features that may be removed include, but are not limited to, irregularities of the tooth root (e.g., bumps dents, and/or protrusions) dentin, pulp chamber, and root canal. Additionally, or alternatively, execution of step 1020 may include adjusting an overall length of the three-dimensional model of the extracted tooth root to make the length of the three-dimensional model of the extracted tooth root shorter than the length of the extracted tooth root and/or corresponding socket site. In the system of Wedeking it would be obvious to receive a definition of the direction for the orthodontic adjustment of the three-dimensional digital tooth model).
Regarding claim 30 Wedeking disclose the dental restoration element being one of the following: veneer, a coping with coating, an inlay, an onlay, an overlay, crown, a bridge (KUO Fig. 13, paragraph 0093 disclose, FIG. 13 illustrates one example of tooth modifications with which the dental professional may experiment, and about which the dental professional and the patient may confer. In FIG. 13, the tooth 20 is shown in the beginning configuration (solid lines) and in one possible final configuration (dashed lines). To reach the final configuration the dental professional applies a dental restoration to the tooth 20. In the illustrated embodiment, the dental restoration is veneer 22. However, those of ordinary skill in the art will appreciate that the present methods may involve the placement of any type of dental restoration, such as a bridge or a crown).
Furthermore, Wedeking paragraph 0061 and Fig. 8, dental restoration element being crown.
Regarding claim 33 Wedeking disclose a manufacturing device configured for manufacturing a dental restoration element (Wedeking Figs. 1 and 17A-17B BLOCKS 1630, 161635, 1604, disclose manufacturing device configured for manufacturing a dental restoration element),
execution of the program instructions by the processor further causing the computer device to Fig. 16 Block 1604-1606):
determine preparation parameters descriptive of a preparation of the orthodontically adjusted three-dimensional digital tooth model for receiving the dental restoration element (Figs 16 and 17A-17B, paragraph 0203. Further Figs. 16, 17A and 17B, paragraph 0206-0207, Wedeking disclose FIGS. 17A and 17B provide a flowchart that illustrates a process 1700 for designing a dental implant. Process 1700 may be executed by, for example, a processor or computer executing a set of instructions stored on a memory in communication with the processor. In some embodiments, process 1700 may incorporate steps of process 1000 as shown in FIG. 10 and discussed above. Additionally, or alternatively, process 1000 may incorporate steps of process 1700. FIGS. 18A-18O and FIGS. 19A, 19B, 20A-20L, 21A, and 21B provide a series of drawings that depict extracted teeth and a series of iterations to a model of a dental implant as may occur during execution of a dental implant design process like process 1700 and will be discussed below with regard to exemplary relevant steps of process 1700. Furthermore in Fig. 17A BLOCKS 1720-1740 and in Fig. 17B BLOCKS 1745-1760 show determine preparation parameters descriptive of a preparation of the orthodontically adjusted three-dimensional digital tooth model for receiving the dental restoration element
generate a three-dimensional digital dental restoration model defining the dental restoration element, the three-dimensional digital dental restoration model being adjusted to the preparation parameters descriptive of the preparation of the prepared orthodontically adjusted tooth (Wedeking Fig 17A-17B, BLOCKS 1720-1740 in Fig. 17A and BLOCKS 1745-1760, 1760-1785 in 17B show generate a three-dimensional digital dental restoration model defining the dental restoration element, the three-dimensional digital dental restoration model being adjusted to the preparation parameters descriptive of the preparation of the prepared orthodontically adjusted tooth),
execution of the program instructions by the processor further causing the computer device to control the manufacturing device to manufacture the dental restoration element in form of a physical copy of the three-dimensional digital dental restoration model (Wedeking Figs 16, 17A-17B, paragraph 0034 Fabrication information may then be communicated to an implant fabrication tool such as a three-dimensional printer and/or milling machine. The fabrication information may comprise parameters for fabricating a dental implant that corresponds to the modified three-dimensional model. At times, the fabrication information may be generated by, for example, converting the modified three-dimensional model of the tooth root into a design specification for the dental implant and/or formatting the design specification for the dental implant into a format compatible with an implant fabrication tool. This obviously corresponds to execution of the program instructions by the processor further causing the computer device to control the manufacturing device to manufacture the dental restoration element in form of a physical copy of the three-dimensional digital dental restoration model and as shown Figs. 16 and 17A-17B).
Allowable Subject Matter
Claims 15-17, 19, 21-22, 26, 28 are objected as being dependent on reject base claim but would be allowable over the prior art of record if rewritten in the independent form including limitations of the base claim and intervening claims.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISHRAT I SHERALI whose telephone number is (571)272-7398. The examiner can normally be reached Monday-Friday 8:00AM -5:00 PM.
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/ISHRAT I SHERALI/Primary Examiner, Art Unit 2667
ISHRAT I. SHERALI
Examiner
Art Unit 2667
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