DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Status of the Claims
Claims 1-6 and 8-21 are under examination.
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 1-6 and 8-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more.
Claims 1-6 and 8-21 are directed to method [describe method]. As described in Alice Corp. Pty. Ltd. V. CLS Bank Int’l, 573 U.S._, 134 S. Cr. 2347, 110 U.S.P.Q.2d 1976 (2014), a two-step analysis is required in considering the patent eligibility of the claimed subject matter. The first step requires determining if the claimed subject matter is directed to a judicial exception. The instant claims require the steps of modeling repulsive forces for collisions between points in the first jaw and second jaw; identifying the repulsive forces having a magnitude that is different than other repulsive forces; determining a positional adjustment to one the points corresponding to the statistically significantly different repulsive force to reduce the difference; assigning a first allocation of the positional adjustment to the tooth; and assigning a second allocation of the positional adjustment to the first jaw and second jaw. These steps are drawn to mathematical or mental steps. Dependent claims 2-6 , 8-9, 11-18, and 20-21 are drawn to additional mental or mathematical steps. Mental steps are a judicial exception. The courts have found mathematical algorithms to be drawn to the judicial exception of an abstract idea (In re Grams, 888 F.2d 835, 12 U.S.P.Q.2d 1824 (Fed. Cir. 1989)). Thus, the instant claims are drawn to a judicial exception.
This judicial exception is not integrated into a practical application. The instant claims do not recite an element that reflects an improvement in the functioning of a computer or other technology, an element that applies the judicial exception to effect a particular treatment, an element that implements the judicial exception with a particular machine, or an element that effects a transformation of a particular article to a different state or thing. The instant claims recite the elements of bite set module, movement module, virtual dental model, and instructions. These elements do not recite a particular machine, treatment, or transformation. The instant claims also recite the elements of a system, a computing device, and a computing device readable physical medium. However, the instant claims do not recite structural limitations of these elements and do not recite a particular machine. The instant claims do not integrate the judicial exception into a practical application.
The second part of the analysis requires determining if the claims include additional elements that are sufficient to amount to significantly more than the judicial exception. The instant claims recite the elements of bite set module, movement module, virtual dental model, and instructions. These elements are well-understood, conventional, and routine in dentistry (Luu et al. “Linear Measurements Using Virtual Study Models A Systemic Review” Angle Orthodontist (April 2012) volume 82, number 6, page 1098-1106). The instant claims also recite the elements of a system, a computing device, and a computing device readable physical medium. These elements are well-understood, conventional, and routine components of a computer (Specification, page 24). Reciting such well-understood, routine, and conventional data elements do not transform a judicial exception into patent eligible subject matter. In addition, the recitation of the specific types of data to be used in the judicial exception does not transform the abstract idea into a non-abstract idea. (See buySAFE, Inc. v Google, Inc. 765 F.3d 1350, 112 U.S.P.Q.2d 1093 (Fed.Cir.2014)). Furthermore, the elements taken as a combination are also well-understood, routine, and conventional, since the elements are merely specifying a general computer for implementing the judicial exception. Thus, the instant claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Examiner’s Note
The closest prior art is Kaza et al. (US 2004/0224286 A1). Kaza et al. teach a method of computer aided treatment system (paragraph [0007]). While Kaza et al. teach using a computer model of teeth and jaw position (paragraph 0008), Kaza et all does not teach modelling repulsive force collisions, identifying repulsive force having a magnitude that is different from the other repulsive forces.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERRY LIN whose telephone number is (571)272-2561. The examiner can normally be reached T-F 7am-5pm.
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/JERRY LIN/ Primary Examiner, Art Unit 1685
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