Prosecution Insights
Last updated: July 17, 2026
Application No. 18/146,351

ALTERNATIVE BITE ADJUSTMENT STRUCTURES

Non-Final OA §101§102§112
Filed
Dec 23, 2022
Priority
Oct 27, 2017 — provisional 62/578,134 +1 more
Examiner
GAN, CHUEN-MEEI
Art Unit
2189
Tech Center
2100 — Computer Architecture & Software
Assignee
Align Technology Inc.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
293 granted / 358 resolved
+26.8% vs TC avg
Strong +41% interview lift
Without
With
+41.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
16 currently pending
Career history
372
Total Applications
across all art units

Statute-Specific Performance

§101
9.4%
-30.6% vs TC avg
§103
68.9%
+28.9% vs TC avg
§102
6.7%
-33.3% vs TC avg
§112
6.3%
-33.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 358 resolved cases

Office Action

§101 §102 §112
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 . Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification. Examiner Notes Examiner cites particular columns, paragraphs, figures and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. The entire reference is considered to provide disclosure relating to the claimed invention. The claims & only the claims form the metes & bounds of the invention. Office personnel are to give the claims their broadest reasonable interpretation in light of the supporting disclosure. Unclaimed limitations appearing in the specification are not read into the claim. Prior art was referenced using terminology familiar to one of ordinary skill in the art. Such an approach is broad in concept and can be either explicit or implicit in meaning. Examiner's Notes are provided with the cited references to assist the applicant to better understand how the examiner interprets the applied prior art. Such comments are entirely consistent with the intent & spirit of compact prosecution. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 recites the limitation “determine whether a first number of virtual bite adjustment structures positioned on a surface of a corresponding number of virtual teeth of a virtual model of a first jaw result in ineffective positioning or orientation between the corresponding number of virtual teeth of the first jaw and a number of virtual teeth of a virtual model of a second jaw of the virtual model;” This limitation is confusing, examiner propose to amend limitation as “determine whether a first number of virtual bite adjustment structures positioned on a surface of a corresponding number of virtual teeth of a virtual model of a first jaw result in ineffective positioning or orientation between the corresponding number of virtual teeth of the first jaw and a number of virtual teeth of the virtual model;” Claim 7 recites “providing the adjusted virtual model of the first jaw to a fabrication device for fabrication of a physical model corresponding to the first jaw for formation of a first appliance thereover such that the first appliance inherits a shape of the first number of virtual bite adjustment structures; and providing the virtual model of the second jaw to a fabrication device for fabrication of a physical model corresponding to the second jaw for formation of a second appliance thereover such that the second appliance inherits a shape of the second number of virtual bite adjustment structures.” There is insufficient antecedent basis for this limitation “a fabrication device for fabrication of a physical model” in the claim. Therefore, the independent claims have an indefinite scope. Since dependent claims are dependent on the independent claims and included all the limitations of the independent claims. Thus, the dependent claims recite the indefinite scope in the independent claims. 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 1-9 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. These claims are directed to an abstract idea without significantly more. As to claim 1, Step 1: Claim 1 is directed to a computer readable medium. Therefore, the claim is eligible under Step 1 for being directed to article of manufacture. Step 2A Prong One Claim 1 recites determine whether a first number of virtual bite adjustment structures positioned on a surface of a corresponding number of virtual teeth of a virtual model of a first jaw result in ineffective positioning or orientation between the corresponding number of virtual teeth of the first jaw and a number of virtual teeth of a virtual model of a second jaw of the virtual model; (mental process) wherein, if there is ineffective positioning or orientation, determine what one or more factors of a number of factors indicate the ineffective positioning, then: adjust at least one of the position or orientation of the first number of virtual bite adjustment structures on the corresponding number of virtual teeth of the virtual model of the first jaw based on the one or more factors that indicate the ineffective positioning or orientation; (mental process) and provide the adjusted virtual model of the first jaw to a fabrication device for fabrication of a physical model corresponding to the first jaw for formation of a first appliance thereover such that the first appliance inherits a shape of the first number of virtual bite adjustment structures. (Insignificant application) The claimed concept is a method of evaluating jaw structure based on position and orientation is directed to “Mental Process” grouping. These limitations can be performed in a human mind or using pen and paper. Therefore, claim 1 is an abstract idea. Step 2A Prong Two The provide the adjusted virtual model of the first jaw to a fabrication device step is recited at a high level of generality (i.e., as a general means of outputting result) and amounts to mere data outputting, which is a form of insignificant extra-solution activity. See MPEP 2106.05(g). The limitation “… for fabrication of a physical model corresponding to the first jaw for formation of a first appliance thereover such that the first appliance inherits a shape of the first number of virtual bite adjustment structures” is considered as intended use since the claims did not recite “fabrication step” positively. The claim recites additional elements such as “non-transitory computing device readable medium having instructions stored thereon that are executable by a processor to cause a computing device to:”. Each of the additional limitations is no more than mere instructions to apply the exception using a generic computer component. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. Accordingly, the claim as a whole does not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. See applicant’s specification [0139] Fig. 15 for generic computer description. The judicial exception is not integrated into a practical application. Step 2B: The same analysis of Step 2A Prong Two applies here in 2B. The present claim does not recite any limitation that would integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. See MPEP 2106.05(d). The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. In particular, the claim limitations do not recite a combination of additional elements that tie or “integrate the invention into a practical application”. Thus, claim 1 is not patent eligible. Same conclusion for dependent claims of claim 1. See below. 2. The medium of claim 1, wherein the instructions to adjust the position of the first number of virtual bite adjustment structures comprise instructions to change a shape and an affixing location of the first number of virtual bite adjustment structures on the corresponding number of virtual teeth of the virtual model of the first jaw. (mental process) 3. The medium of claim 1, further including instructions to position the first number of virtual bite adjustment structures on the corresponding number of canine teeth of the virtual model of the first jaw. (mental process) 4. The medium of claim 1, further including instructions to: position a second number of virtual bite adjustment structures on a number of virtual teeth of a virtual model of the second jaw according to the determination that there is ineffective alignment between the corresponding number of virtual teeth of the first virtual model of the first jaw and the number of virtual teeth of the virtual model of the second jaw; (mental process) and provide the second virtual model of the second jaw to the fabrication device for fabrication of physical model corresponding to the second jaw for formation of a second appliance thereover such that the second appliance inherits a shape of the second number of virtual bite adjustment structures. (Insignificant application) 5. The medium of claim 1, further including instructions to: adjust the position of the number of first virtual bite adjustment structures on the corresponding number of virtual teeth of the virtual model of the first jaw at a second stage of a treatment plan that is incremented in stages according to changes to the virtual model of the first jaw between a first stage of the treatment plan and the second stage of the treatment plan; (mental process) and provide the virtual model of the first jaw to the fabrication device for fabrication of physical model corresponding to the first jaw at the first and the second stages of the treatment plan for formation of a first appliance from the first stage and a second appliance from the second stage such that the first appliance inherits a shape of the first number of virtual bite adjustment structures. (Insignificant application) 6. The medium of claim 1, wherein the instructions to position the first number of virtual bite adjustment structures incorporate a result of instructions to model a first number of forces used to reposition the corresponding number of virtual teeth a first distance according to a first stage of a treatment plan that is incremented in stages. (mental process) Same conclusion for independent claim 7 and dependent claims. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. In particular, the claim limitations do not recite a combination of additional elements that tie or “integrate the invention into a practical application”. Thus, claims 1-9 are not patent eligible. Claim Rejections - 35 USC § 102 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 (i.e., changing from AIA to pre-AIA ) 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 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. Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tanugula et al (US 2015/0238283 A1), hereinafter Tanugule. 1. A non-transitory computing device readable medium having instructions stored thereon that are executable by a processor to cause a computing device to: Tanugula: [0081] “…In the system illustrated in FIG. 11, the system includes a computing device 1144 having a number of components coupled thereto. The computing device 1144 includes a processor 1146 and memory 1148. The memory can include various types of information including data 1150 and executable instructions 1152 as discussed herein.” Tanugula discloses determine whether a first number of virtual bite adjustment structures positioned on a surface of a corresponding number of virtual teeth of a virtual model of a first jaw result in ineffective positioning or orientation between the corresponding number of virtual teeth of the first jaw and a number of virtual teeth of a virtual model of a second jaw of the virtual model; Tanugula [0078] “FIG. 9A illustrates jaws 936-1, 936-2 in a first vertical relationship 938-1 according to a number of embodiments of the present disclosure. FIG. 9B illustrates jaws 936-1, 936-2 in a second vertical relationship 938-2 according to a number of embodiments of the present disclosure. In some embodiments, an appliance (e.g., including a number of bite adjustment structures) worn over the upper jaw 936-1 can be designed to adjust a vertical relationship 938-1, 938-2 between the upper jaw 936-1 [correspond to virtual mode of 1st jaw] and the lower jaw 936-2 [correspond to virtual model of second jaw]. As illustrated in FIG. 9A and FIG. 9B this adjustment of the vertical relationship 938-1, 938-2 can help correct for a deep bite [ineffective positioning or orientation] to improve an appearance of the user's teeth and to reduce problems associated with a deep bite condition, as described herein. …” See [0071] [0073] for a first number of virtual bite adjustment structures positioned on a surface of a corresponding number of virtual teeth of a virtual model. Tanugula discloses wherein, if there is ineffective positioning or orientation, determine what one or more factors of a number of factors indicate the ineffective positioning, then: adjust at least one of the position or orientation of the first number of virtual bite adjustment structures on the corresponding number of virtual teeth of the virtual model of the first jaw based on the one or more factors that indicate the ineffective positioning or orientation; and Tanugula [0079] “FIG. 10 illustrates a correction for overbite 1040 and overjet 1042 according to a number of embodiments of the present disclosure. Overbite 1040 can refer to a lower jaw being too far behind the upper jaw or a misalignment of the teeth. Specifically, overbite 1040 can refer to the extent of vertical (superior-inferior) overlap of the maxillary central incisors 1004-1 over the mandibular central incisors 1004-2, measured relative to the incisal ridges. Overjet 1042 can be the distance between the maxillary anterior teeth 1004-1 and the mandibular anterior teeth 1004-2 in the anterior-posterior axis. As illustrated in FIG. 10, the maxillary tooth 1004-1 can be adjusted from a first position 1004-1A to a second position 1004-1B and/or the mandibular tooth 1004-2 can be adjusted from a first position 1004-2A to a second position 1004-2B.” Tanugula discloses provide the adjusted virtual model of the first jaw to a fabrication device for fabrication of a physical model corresponding to the first jaw for formation of a first appliance thereover such that the first appliance inherits a shape of the first number of virtual bite adjustment structures. Tanugula [0093] “The digital model 1174 can be provided (e.g., via network interface 1154) for fabrication of physical models corresponding to the jaw at the first and the second stages of the treatment plan for formation of appliances thereover such that the appliances inherit a shape of the number of digital bite adjustment structures.” 2. The medium of claim 1, Tanugula discloses wherein the instructions to adjust the position of the first number of virtual bite adjustment structures comprise instructions to change a shape and an affixing location of the first number of virtual bite adjustment structures on the corresponding number of virtual teeth of the virtual model of the first jaw. Tanugula [0091] “The adjustment module 1170 can be configured to adjust the position of the number of bite adjustment structures on the corresponding number of digital teeth of the digital model 1174 of the jaw at a second stage of the treatment plan according to changes to the digital model 1174 of the jaw between the first stage and the second stage of the treatment plan. The adjustment module 1170 can be configured to adjust the position of the number of digital bite adjustment structures by changing a shape (e.g., size, a number of angles, etc.) and/or an attachment location of the number of digital bite adjustment structures on the corresponding number of digital teeth of the digital model of the jaw. The adjustment module 1170 can be configured to adjust a shape of the digital model 1174 of the jaw at the first stage of the treatment plan such that the corresponding one of the appliances formed thereover distributes a counterforce corresponding to the force modeled by the force calculation module 1172 to a number of posterior teeth of the user's jaw. …” 3. The medium of claim 1, Tanugula discloses further including instructions to position the first number of virtual bite adjustment structures on the corresponding number of canine teeth of the virtual model of the first jaw. Tanugula [0056-0057] “FIG. 4 illustrates a perspective view of a digital model 414 of a jaw including a number of digital bite adjustment structures 410-1, 410-2 positioned on digital canines 412-1, 412-2 according to a number of embodiments of the present disclosure. Appliances (e.g., formed based on digital model 414) that include bite adjustment structures on canines can be used to provide a disocclusion between various opposing teeth in a user's jaws while the appliance is worn (e.g., to allow for eruption of teeth or other treatment goals). ….” 4. The medium of claim 1, Tanugula discloses further including instructions to: position a second number of virtual bite adjustment structures on a number of virtual teeth of a virtual model of the second jaw according to the determination that there is ineffective alignment between the corresponding number of virtual teeth of the first virtual model of the first jaw and the number of virtual teeth of the virtual model of the second jaw; Tanugula [0078] “… As illustrated in FIG. 9A and FIG. 9B this adjustment of the vertical relationship 938-1, 938-2 can help correct for a deep bite to improve an appearance of the user's teeth and to reduce problems associated with a deep bite condition, as described herein. Embodiments are not limited to adjusting the position of the lower jaw 936-2 with respect to the upper jaw 936-1, as the position of either or both of the upper jaw 936-1 and lower jaw 936-2 can be adjusted. Furthermore, the adjustment can be performed by an appliance worn over the upper jaw 936-1 and/or an appliance worn over the lower jaw 936-2 (e.g., by interaction of a number of bite tabs on a number of appliances with a number of teeth on an opposing jaw).” Tanugula discloses provide the second virtual model of the second jaw to the fabrication device for fabrication of physical model corresponding to the second jaw for formation of a second appliance thereover such that the second appliance inherits a shape of the second number of virtual bite adjustment structures. Tanugula [0093] “The digital model 1174 can be provided (e.g., via network interface 1154) for fabrication of physical models corresponding to the jaw at the first and the second stages of the treatment plan for formation of appliances thereover such that the appliances inherit a shape of the number of digital bite adjustment structures.” 5. The medium of claim 1, further including instructions to: Tanugula discloses adjust the position of the number of first virtual bite adjustment structures on the corresponding number of virtual teeth of the virtual model of the first jaw at a second stage of a treatment plan that is incremented in stages according to changes to the virtual model of the first jaw between a first stage of the treatment plan and the second stage of the treatment plan; and Tanugula [0091] “The adjustment module 1170 can be configured to adjust the position of the number of bite adjustment structures on the corresponding number of digital teeth of the digital model 1174 of the jaw at a second stage of the treatment plan according to changes to the digital model 1174 of the jaw between the first stage and the second stage of the treatment plan. The adjustment module 1170 can be configured to adjust the position of the number of digital bite adjustment structures by changing a shape (e.g., size, a number of angles, etc.) and/or an attachment location of the number of digital bite adjustment structures on the corresponding number of digital teeth of the digital model of the jaw. The adjustment module 1170 can be configured to adjust a shape of the digital model 1174 of the jaw at the first stage of the treatment plan such that the corresponding one of the appliances formed thereover distributes a counterforce corresponding to the force modeled by the force calculation module 1172 to a number of posterior teeth of the user's jaw. The adjustment module 1170 can be configured to incorporate a result of forces modeled by the force calculation module 1172 (e.g., forces used to reposition the corresponding number of digital teeth a second distance according to a second stage of the treatment plan).” Tanugula discloses provide the virtual model of the first jaw to the fabrication device for fabrication of physical model corresponding to the first jaw at the first and the second stages of the treatment plan for formation of a first appliance from the first stage and a second appliance from the second stage such that the first appliance inherits a shape of the first number of virtual bite adjustment structures. Tanugula [0093] “The digital model 1174 can be provided (e.g., via network interface 1154) for fabrication of physical models corresponding to the jaw at the first and the second stages of the treatment plan for formation of appliances thereover such that the appliances inherit a shape of the number of digital bite adjustment structures.” 6. The medium of claim 1, Tanugula discloses wherein the instructions to position the first number of virtual bite adjustment structures incorporate a result of instructions to model a first number of forces used to reposition the corresponding number of virtual teeth a first distance according to a first stage of a treatment plan that is incremented in stages. Tanugula [0090] “The position bite adjustment structures module 1176 can be configured to position a number of bite adjustment structures on a corresponding number of digital teeth (e.g., anterior teeth) of the digital model 1174 of a jaw at a first stage of a treatment plan. The position module 1176 can be configured to incorporate a result of forces modeled by the force calculation module 1172 (e.g., forces used to reposition the corresponding number of digital teeth a first distance according to a first stage of the treatment plan).” 7. A method, comprising: Tanugula discloses determining whether a first number of virtual bite adjustment structures positioned on a lingual surface of a corresponding number of virtual teeth of a virtual model of a first jaw result in ineffective positioning or orientation between the corresponding number of virtual teeth of the first jaw and a number of virtual teeth of a virtual model of a second jaw of the virtual model; Tanugula [0078] “FIG. 9A illustrates jaws 936-1, 936-2 in a first vertical relationship 938-1 according to a number of embodiments of the present disclosure. FIG. 9B illustrates jaws 936-1, 936-2 in a second vertical relationship 938-2 according to a number of embodiments of the present disclosure. In some embodiments, an appliance (e.g., including a number of bite adjustment structures) worn over the upper jaw 936-1 can be designed to adjust a vertical relationship 938-1, 938-2 between the upper jaw 936-1 [correspond to virtual mode of 1st jaw] and the lower jaw 936-2 [correspond to virtual model of second jaw]. As illustrated in FIG. 9A and FIG. 9B this adjustment of the vertical relationship 938-1, 938-2 can help correct for a deep bite [ineffective positioning or orientation] to improve an appearance of the user's teeth and to reduce problems associated with a deep bite condition, as described herein. …” See [0071] [0073] for a first number of virtual bite adjustment structures positioned on a surface of a corresponding number of virtual teeth of a virtual model. Tanugula discloses wherein, if there is ineffective positioning or orientation, determining what one or more factors of a number of factors that indicate the ineffective positioning, then: adjusting at least one of the position or orientation of the first number of virtual bite adjustment structures on the corresponding number of virtual teeth of the virtual model of the first jaw based on the one or more factors that indicate the ineffective positioning or orientation; Tanugula [0079] “FIG. 10 illustrates a correction for overbite 1040 and overjet 1042 according to a number of embodiments of the present disclosure. Overbite 1040 can refer to a lower jaw being too far behind the upper jaw or a misalignment of the teeth. Specifically, overbite 1040 can refer to the extent of vertical (superior-inferior) overlap of the maxillary central incisors 1004-1 over the mandibular central incisors 1004-2, measured relative to the incisal ridges. Overjet 1042 can be the distance between the maxillary anterior teeth 1004-1 and the mandibular anterior teeth 1004-2 in the anterior-posterior axis. As illustrated in FIG. 10, the maxillary tooth 1004-1 can be adjusted from a first position 1004-1A to a second position 1004-1B and/or the mandibular tooth 1004-2 can be adjusted from a first position 1004-2A to a second position 1004-2B.” Tanugula discloses positioning a second number of virtual bite adjustment structures on a number of virtual teeth of the virtual model of a second jaw, extending therefrom and designed to make contact with the first number of virtual bite adjustment structures; Tanugula [0078] “… As illustrated in FIG. 9A and FIG. 9B this adjustment of the vertical relationship 938-1, 938-2 can help correct for a deep bite to improve an appearance of the user's teeth and to reduce problems associated with a deep bite condition, as described herein. Embodiments are not limited to adjusting the position of the lower jaw 936-2 with respect to the upper jaw 936-1, as the position of either or both of the upper jaw 936-1 and lower jaw 936-2 can be adjusted. Furthermore, the adjustment can be performed by an appliance worn over the upper jaw 936-1 and/or an appliance worn over the lower jaw 936-2 (e.g., by interaction of a number of bite tabs on a number of appliances with a number of teeth on an opposing jaw).” Tanugula discloses providing the adjusted virtual model of the first jaw to a fabrication device for fabrication of a physical model corresponding to the first jaw for formation of a first appliance thereover such that the first appliance inherits a shape of the first number of virtual bite adjustment structures; and providing the virtual model of the second jaw to a fabrication device for fabrication of a physical model corresponding to the second jaw for formation of a second appliance thereover such that the second appliance inherits a shape of the second number of virtual bite adjustment structures. Tanugula [0093] “The digital model 1174 can be provided (e.g., via network interface 1154) for fabrication of physical models corresponding to the jaw at the first and the second stages of the treatment plan for formation of appliances thereover such that the appliances inherit a shape of the number of digital bite adjustment structures.” 8. The method of claim 7, Tanugula discloses wherein the shape of the first number of virtual bite adjustment structures and the shape of the second number of virtual bite adjustment structures provide the same interference on the left side and the right side of the first and second jaw resulting in disocclusion between the first jaw and the second jaw. Tanugula [0060-0061] “The digital bite adjustment structures 510 can be positioned on a corresponding number of digital teeth 512 (e.g., posterior teeth) of a digital model 514 of a jaw at a particular stage of treatment. The position of the digital bite adjustment structures 510 can be adjusted for subsequent stages of treatment (e.g., to help effectuate a desired change to the digital model 514 of the jaw). For example, bite adjustment structures on cavities of an appliance over a molar and/or premolar can be used to provide a disocclusion between the posterior and/or anterior teeth of opposing jaws when the user bites. The digital bite adjustment structures 510 can extend from a respective cavity in a direction between the root and the tip of a tooth (gingival-incisal/coronal direction) 515. In some embodiments, the digital bite adjustment structures 510 can extend in the direction between the root and the tip of a tooth (gingival-incisal/coronal direction) 515 a distance sufficient to pass through an occlusal plane to help corresponding physical bite adjustment structures formed in an appliance based on the digital model 514 to provide a disocclusion. The disocclusion can be provided by interaction of the bite adjustment structure with teeth of the opposing jaw (e.g., the bite adjustment structure can contact a number of teeth of the opposing jaw and prevent the other teeth of the opposing jaws from contacting one another). Although not specifically illustrated, some embodiments can include a digital bite adjustment structure on a number of posterior teeth on only one side of the jaw (e.g., either left or right) for a particular stage of treatment. Including a bite adjustment structure extending from a posterior tooth on one side of the jaw can allow a number of teeth to be extruded from or erupt from an opposite side of the jaw. In some embodiments, a first stage of treatment can include a number of bite adjustment structures extending from posterior teeth on the left side of a jaw and a second stage subsequent to the first stage can include a number of bite adjustment structures extending from posterior teeth on the right side of the jaw (or vice versa). Varying the side of the jaw from which a digital bite adjustment structure extends (from a posterior tooth) can allow a number of teeth to be extruded from or erupt from both sides of the jaw alternately.” 9. The method of claim 7, Tanugula discloses wherein the shape of the first number of virtual bite adjustment structures and the shape of the second number of virtual bite adjustment structures provide different interference on the left side and the right side of the first and second jaw to adjust jaw positioning. Tanugula [0091] “… The adjustment module 1170 can be configured to adjust the position of the number of digital bite adjustment structures by changing a shape (e.g., size, a number of angles, etc.) and/or an attachment location of the number of digital bite adjustment structures on the corresponding number of digital teeth of the digital model of the jaw. The adjustment module 1170 can be configured to adjust a shape of the digital model 1174 of the jaw at the first stage of the treatment plan such that the corresponding one of the appliances formed thereover distributes a counterforce corresponding to the force modeled by the force calculation module 1172 to a number of posterior teeth of the user's jaw. The adjustment module 1170 can be configured to incorporate a result of forces modeled by the force calculation module 1172 (e.g., forces used to reposition the corresponding number of digital teeth a second distance according to a second stage of the treatment plan).” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUEN-MEEI GAN whose telephone number is (469)295-9127. The examiner can normally be reached Monday-Friday 9:00 am to 4:00 pm EST. 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, Rehana Perveen can be reached at 571-272-3676. 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. /CHUEN-MEEI GAN/Primary Examiner, Art Unit 2189
Read full office action

Prosecution Timeline

Dec 23, 2022
Application Filed
Apr 20, 2026
Non-Final Rejection mailed — §101, §102, §112
Jul 01, 2026
Applicant Interview (Telephonic)
Jul 01, 2026
Examiner Interview Summary

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
99%
With Interview (+41.3%)
3y 1m (~0m remaining)
Median Time to Grant
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