DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4-35, 38-39 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ritzberger (US 2020/0113661).
Ritzberger shows a dental prosthesis fabrication system comprising: an intraoral information obtaining unit that obtains three-dimensional shape information of a tooth and color information of the tooth ([0037]-[0040]); a data generation unit that generates three-dimensional shape data of the tooth and color data of the tooth based on the three-dimensional shape information of the tooth ([0040]); a forming unit that forms a dental prosthesis based on the three-dimensional shape data of the tooth ([0010] “CAD/CAM machine”); and a coloring unit that applies color to a surface of the dental prosthesis based on the color data of the tooth ([0010] “color application apparatus”; [0044]). With respect to claim 4, wherein the forming unit forms the dental prosthesis by cutting and/or grinding a base material for a dental prosthesis ([0038]). With respect to claim 5, wherein the forming unit forms the dental prosthesis containing a ceramic or a resin ([0038] ceramic zirconium dioxide). With respect to claim 6, wherein the coloring unit applies color to the surface of the dental prosthesis based on brightness data of a tooth on which the dental prosthesis is placed, a tooth in vicinity of a position where the dental prosthesis is placed, or a tooth corresponding to a tooth on which the dental prosthesis is placed ([0040] discusses use of a camera which will capture brightness/color in the resulting images). With respect to claim 7, wherein the coloring unit applies color based on predicted appearance data of the dental prosthesis obtained from outside a patient's oral cavity based on a position or orientation of placing the dental prosthesis ([0041] discusses predicting/viewing of a 3D tooth model whose position and orientation can be adjusted for coloring purposes; see also [0043]). With respect to claim 8, wherein a color having a lower hue b* than a hue b* in chromaticity coordinates defined by L*a*b* color system of CIE 1976 included in the color data of the tooth is applied, as color to be applied by the coloring unit, to a portion of the surface of the dental prosthesis for color matching (colors applied by Ritzberger are natural tooth colors just as in the present invention and therefore would provide hues in the same range as discussed in this claim; see also [0009]). With respect to claim 9, wherein the portion of the surface of the dental prosthesis is a tip of the dental prosthesis and its nearby area ([0009] discusses a restoration in the shape of a crown which will have a tip that is colored). With respect to claim 10, wherein the color to be applied by the coloring unit to the surface of the dental prosthesis is determined based on at least one of placement information of a light source, an intensity of light emitted by the light source, a frequency of the light, or color shade of the light (capturing of the image data from the camera requires a light source so the teeth are visible, and therefore the color chosen based on this image data will be based on that placement of light). With respect to claim 11, further comprising a display unit, the display unit displaying a plurality of color candidates to be applied to the color surface of the dental prosthesis (“display screen”; color candidates are the coloring liquids 103 that are available and shown on the model for instance). With respect to claim 12, further comprising an operation unit that receives, from the plurality of color candidates displayed on the display unit, a selection of color to be applied to the surface of the dental prosthesis ([0041] conversion on basis of pre-stored table). With respect to claim 13, wherein the plurality of color candidates are displayed along with a matching score with at least one of color data of a tooth on which the dental prosthesis is placed, a tooth in vicinity of a position where the dental prosthesis is placed, or a tooth corresponding to a tooth on which the dental prosthesis is placed ([0042] discusses providing both color values in addition to natural visual perception). With respect to claim 14, wherein the data generation unit does not generate color data exceeding a certain luminance value by comparing the color information of the tooth with the certain luminance value (luminance/color is limited to the coloring liquids provided which are matching natural teeth). With respect to claim 15, wherein the coloring unit colors the dental prosthesis based on color data not exceeding the certain luminance value (color applied as discussed above). With respect to claim 16, wherein the coloring unit has a lookup table that links color data of a tooth to a coloring material for coloring a dental prosthesis, and, by referring to the lookup table, select a coloring material related to color data generated by the data generation unit ([0041], particularly conversion on the basis of a pre-stored table).
Method claims 17-18 are rejected similarly to the above. With respect to claim 18, further comprising an imaging step of imaging inside a subject's oral cavity ([0040]).
Apparatus claim 19 is rejected similarly to the above.
Method claims 20- are rejected similarly to the above. With respect to claim 32, wherein the coloring step comprises a multi-layer coating step using a plurality of different coloring materials ([0021] discusses several applications/layers; plurality of coloring materials discussed above). With respect to claim 33, wherein the plurality of coloring materials are coloring materials having different refractive indices ([0032] discusses makeup of the coloring liquids that would result in different refractive indices).
With respect to claim 35, wherein the coloring material contains a light-scattering material (material of the coloring material will scatter light due to surface properties thereof for instance).
Apparatus claim 38 is rejected similarly to the above.
Apparatus claim 39 is rejected similarly to the above.
Claim Rejections - 35 USC § 103
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 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Ritzberger.
Ritzberger discloses the device as previously described above, but fails to show wherein the forming unit forms the dental prosthesis by additive manufacturing or by repeatedly and sequentially sintering or melting a raw material to solidify through light irradiation. The Office takes official notice that these are well known alternative manufacturing means for prostheses in the dental art and would have been obvious to utilize to one of ordinary skill.
Claims 36-37 are rejected under 35 U.S.C. 103 as being unpatentable over Ritzberger in view of Meyer (US 2019/0274797).
Ritzberger discloses the device as previously described above, but fails to show the coloring material having a light-scattering material containing at least one of TiO2, SiO2, or ZrO2; and containing at least one of B, Si, or resin.
Meyer similarly teaches materials for applying to a dental restoration to adjust the color wherein the coloring material having a light-scattering material containing at least one of TiO2, SiO2, or ZrO2 ([0004], [0022] metal oxides; Office takes official notice that TiO2, SiO2, and ZrO2 are all well known metal oxides in the dental art for adjusting optical properties, particularly in view of [0004] discussing zirconium dioxide as a white material, and therefore would have been obvious to incorporate in the material of Ritzberger to one of ordinary skill); and containing at least one of B, Si, or resin ([0022] discusses resin infiltration for changing optical properties). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ritzberger’s material by including the metal oxides and/or resin of Meyer in order to utilize known materials for changing the optical properties including color.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW NELSON whose telephone number is (571)270-5898. The examiner can normally be reached on Monday-Friday 7:30am-5:00pm EDT.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eric Rosen, at (571) 270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW M NELSON/Primary Examiner, Art Unit 3772
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