DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Responsive to the communication dated 06/02/2023
Claims 1-20 are presented for examination
Information Disclosure Statement
The IDS dated 06/16/2023, 12/15/2023, and 11/26/2025 have been reviewed. See attached.
Drawings
The drawings dated 06/02/2023 have been reviewed. They are accepted.
Abstract
The abstract dated 06/02/2023 has been reviewed. It has 147 words, and contains no legal phraseology. It is accepted.
Claim Objections
Claims 1-20 are objected to because of the following informalities:
Claim 1 recites “based on the respective plurality of datums being positioned relative to the occlusal plane;” to avoid potential issues with antecedent basis, it is recommended to amend the claim to instead read “based on the respective plurality of datums of the tooth being positioned relative to the occlusal plane;”
Claim 6 recites “… marginal ridge datums for the posterior tooth;” to improve readability, it is suggested to amend the claim to instead read “… marginal ridge datums of the posterior tooth;”
Claim 8 recites “… marginal ridge datums for the posterior tooth.” to improve readability, it is suggested to amend the claim to instead read “… marginal ridge datums of the posterior tooth.”
Claim 10 recites “snapping lateral teeth;” to improve readability, it is suggested to amend the claim to instead read “snapping lateral teeth to the arch form;”
Claim 13 recites “the respective vector…” to avoid potential issues with antecedent basis, it is recommended to amend the claim to instead read “the between each next set of adjacent teeth…”
Claim 19 recites “(a) an adjacent tooth and (b) a tooth in vertical contact,” however an adjacent tooth and a tooth in vertical contact were already introduced in claim 1; to avoid issues with antecedent basis, it is recommended to amend the claim to better differentiate this later adjacent tooth and tooth in vertical contact from those in claim 1, for example by referring to those in claim 1 as “a first adjacent tooth” and those in claim 19 as “a second adjacent tooth,” making the same change for the tooth in vertical contact.
Appropriate correction is required.
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 6-8 and 17 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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “perpendicular” in claims 6 and 17 is used by the claim to mean “passing through,” while the accepted meaning is “at a 90 degree angle to another line or surface.” The term is indefinite because the specification does not clearly redefine the term.
Particularly, in claims 6 and 17 vectors are described as being “perpendicular” to a single point in space; as single points do not have any length, direction, or angle, a line cannot be perpendicular to it. Based on the disclosure ([Par 143] “In the example of FIG. 6A, the tooth 602A is rotated around a pivot point 606. The pivot point 606 can be defined as a midpoint between 2 datums of the tooth 602A. The pivot point can be identified as a valley between one or more marginal ridges in the tooth 602A. In some implementations, the pivot point can be either one of the datums described herein. When looking down at the tooth 602A, the relevant user can click on, as an example, one of the mesial datums, drag it over to an arch form curve for the digital denture model 600, and then pivot the tooth 602A about that datum to cause the other mesial datum to come into contact with the arch form curve.” [Fig. 6A]) it is clear that these “perpendicular” vectors merely pass through the identified points.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “parallel” in claim 7 is used by the claim to mean “in contact with” while the accepted meaning is “the same direction as.” The term is indefinite because the specification does not clearly redefine the term.
Particularly, in claim 7 the torqueing is described as causing a cusp of the posterior tooth to be parallel to the occlusal plane. However, such a cusp being “parallel” to the occlusal plane, which is horizontal in the mouth, would result in the torqued tooth also being completely horizontal, e.g. jutting straight out of the mouth at a 90 degree angle or pointed straight back at the tongue. It is clear from [Fig. 5B] and ([Par 138] “FIG. 5B is an example GUI 510 that illustrates adjustments made to the occlusal plane 502 relative to lower teeth 512 in a digital denture model of FIG. 5A. The occlusal plane 502 can be moved up and down to be parallel to and/or touch a cusp tip 514 of at least one of the lower teeth 512. The computer system described herein can automatically move the occlusal plane 502 to come into contact with the cusp tip 514 of at least one of the lower teeth 512. In some implementations, the GUI 510 can be presented at a user device described herein and the user device can receive user input indicating movement of the occlusal plane 502 relative to the lower teeth 512. For example, the user can use a mouse wheel to scroll the occlusal plane 502 down into contact with the cusp tip 514 of at least one of the lower teeth 512. As described above, the computer system and/or the user can also adjust the occlusal plane 502 by canting, tipping, and/or curving the occlusal plane 502 relative to the lower teeth 512.”) that the intention is that the cusp touches the occlusal plane rather than being completely horizontal to it as it would be using the typical definition of the word parallel. Therefore it is clear that the typical definition of “parallel” is not used.
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 1-20 are rejected under 35 U.S.C. 101 because they are directed to an abstract idea without significantly more.
Claim 1 (Statutory Category – Process)
Step 2A – Prong 1: Judicial Exception Recited?
Yes, the claim recites a mental process, specifically:
MPEP 2106.04(a)(2)(Ill): “Accordingly, the "mental processes" abstract idea grouping is defined as concepts performed in the human mind, and examples of mental processes include observations, evaluations, Judgments, and opinions.”
Further, the MPEP recites “The courts do not distinguish between mental processes that are performed entirely in the human mind and mental processes that require a human to use a physical aid (e.g., pen and paper or a slide rule) to perform the claim limitation.”
A method for performing an auto-setup of a digital denture model, the method comprising: … defining, by the computer system, an arch form for the lower teeth in the digital denture model, wherein the arch form is aligned with (i) a buccal side of anterior teeth of the lower teeth and (ii) buccal cusps of posterior teeth of the lower teeth, wherein a same arch form is used for the upper teeth; defining, by the computer system, an occlusal plane relative to the arch form for the digital denture model;
Defining such an arch and occlusal plane is a mental process equivalent to drawing these features on a drawn representation of a patient’s teeth, as with a pencil and paper.
Doing this on a computer system with a digital model amounts to no more than mere instructions to apply.
identifying, by the computer system, a plurality of datums for each tooth of the upper and lower teeth in the digital denture model;
Identifying these datums, i.e. landmarks or features, on teeth is a mental process equivalent to observing the representations of the teeth and recognizing where features such as cusps or ridges are through mental judgement. This kind of mental process is frequently performed by dentists examining their patients.
Doing this on a computer system with a digital model amounts to no more than mere instructions to apply.
leveling, by the computer system, each tooth of the upper and lower teeth in the digital denture model based on the respective plurality of datums being positioned relative to the occlusal plane; snapping, by the computer system, each tooth of the upper and lower teeth in the digital denture model to the arch form; until a threshold level of movement is achieved between each tooth and at least one of (i) an adjacent tooth and (ii) a tooth in vertical contact, iteratively: adjusting, by the computer system, positioning of the tooth in the digital denture model to resolve interproximal (IP) contacts, and adjusting, by the computer system, vertical positioning of the tooth in the digital denture model; and returning, by the computer system, the digital denture model having the adjusted upper and lower teeth.
Moving these features is a mental process equivalent to erasing features in a drawing and re-drawing them again in a different position. Adjusting how drawn teeth are positioned relative to each other until certain conditions are met is merely the act of erasing and redrawing those teeth repeatedly and determining whether or not those conditions are met by visually observing the drawn teeth and making judgements about their spatial relationships.
Doing this on a computer system with a digital model amounts to no more than mere instructions to apply.
Step 2A – Prong 2: Integrated into a Practical Solution?
Insignificant Extra-Solution Activity (MPEP 2106.05(g)) has found mere data gathering and
post solution activity to be insignificant extra-solution activity.
Data gathering:
accessing, by a computer system, a digital denture model for a patient, wherein the digital denture model comprises upper teeth and lower teeth;
Without any specificity as to how this “accessing” is performed, obtaining this data amounts to no more than mere data gathering.
Mere Instructions to Apply (MPEP 2106.05(f)) has found that merely applying a judicial exception such as an abstract idea, as by performing it on a computer, does not integrate the claim into a practical solution.
Mere Instructions to Apply:
Mere Instructions To Apply An Exception (MPEP 2106.05(f)) has found that simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. In light of this, the additional generic computer component elements of “a digital denture model, a computer system” are not sufficient to integrate a judicial exception into a practical application nor provide evidence of an inventive concept.
Step 2B: Claim provides an Inventive Concept?
No, as discussed with respect to Step 2A, the additional limitations are Insignificant Extra-Solution Activity and Mere Instructions to Apply and do not impose any meaningful limits on practicing the abstract idea and therefore the claim does not provide an inventive concept in Step 2B.
Insignificant Extra-Solution Activity (MPEP 2106.05(g)) has found mere data gathering and
post solution activity to be insignificant extra-solution activity.
Data gathering:
accessing, by a computer system, a digital denture model for a patient, wherein the digital denture model comprises upper teeth and lower teeth;
Without any specificity as to how this “accessing” is performed, obtaining this data amounts to no more than mere data gathering.
A claim element that amounts to merely gathering data is not indicative of integration into a practical solution nor evidence that the claim provides an inventive concept or significantly more, as exemplified by ((MPEP 2106.05)(g)(Mere Data Gathering) i. Performing clinical tests on individuals to obtain input for an equation, In re Grams, 888 F.2d 835, 839-40; 12 USPQ2d 1824, 1827-28 (Fed. Cir. 1989); iv. Obtaining information about transactions using the Internet to verify credit card transactions, CyberSource v. Retail Decisions, Inc., 654 F.3d 1366, 1375, 99 USPQ2d 1690, 1694 (Fed. Cir. 2011);
Mere Instructions to Apply (MPEP 2106.05(f)) has found that merely applying a judicial exception such as an abstract idea, as by performing it on a computer, does not integrate the claim into a practical solution.
Mere Instructions to Apply:
Mere Instructions To Apply An Exception (MPEP 2106.05(f)) has found that simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. In light of this, the additional generic computer component elements of “a digital denture model, a computer system” are not sufficient to integrate a judicial exception into a practical application nor provide evidence of an inventive concept.
The courts have found that such mere instructions to apply are not indicative of integration into a practical application nor recitation of significantly more than the judicial exception (MPEP 2106.05(f) “Another consideration when determining whether a claim integrates a judicial exception into a practical application in Step 2A Prong Two or recites significantly more than a judicial exception in Step 2B is whether the additional elements amount to more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer. As explained by the Supreme Court, in order to make a claim directed to a judicial exception patent-eligible, the additional element or combination of elements must do "‘more than simply stat[e] the [judicial exception] while adding the words ‘apply it’". Alice Corp. v. CLS Bank, 573 U.S. 208, 221, 110 USPQ2d 1976, 1982-83 (2014) (quoting Mayo Collaborative Servs. V. Prometheus Labs., Inc., 566 U.S. 66, 72, 101 USPQ2d 1961, 1965). Thus, for example, claims that amount to nothing more than an instruction to apply the abstract idea using a generic computer do not render an abstract idea eligible. Alice Corp., 573 U.S. at 223, 110 USPQ2d at 1983”)
Well-Understood, Routine, Conventional Activity (WURC) has found that claim elements that are understood to be Well-Understood, Routine, Conventional Activity are not indicative of Integration into a Practical Solution nor evidence of an Inventive Concept (MPEP 2106.05(d))
WURC:
accessing, by a computer system, a digital denture model for a patient, wherein the digital denture model comprises upper teeth and lower teeth;
Retrieving and accessing data from memory or over a network by a computer is explicitly recognized by the courts as examples of Well-Understood, Routine, Conventional Activity. See below:
(MPEP 2106.05(d)) “The courts have recognized the following computer functions as well‐understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity.
i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPQ2d 1097, 1106 (Fed. Cir. 2014) …
iii. Electronic recordkeeping, Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208, 225, 110 USPQ2d 1984 (2014) (creating and maintaining "shadow accounts"); Ultramercial, 772 F.3d at 716, 112 USPQ2d at 1755 (updating an activity log);
iv. Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93;”
As such, accessing the digital denture model in a generic manner is an example of Well-Understood, Routine, Conventional Activity.
The additional elements have been considered both individually and as an ordered combination in the consideration of whether they constitute significantly more, and have been determined not to constitute such.
The claim is ineligible.
Claim 2 recites “wherein leveling, by the computer system, each tooth of the upper and lower teeth based on the respective plurality of datums being positioned relative to the occlusal plane comprises: rotating the tooth around a line perpendicular through marginal ridge datums of the tooth.”
Rotating a tooth in a drawn representation relative to another object/landmark or center of rotation is merely the mental process of erasing the tooth and redrawing it at a different angle.
Doing this on a computer system with a digital model amounts to no more than mere instructions to apply.
Claim 3 recites “wherein leveling, by the computer system, each tooth of the upper and lower teeth based on the respective plurality of datums being positioned relative to the occlusal plane comprises: torqueing the tooth using buccal and distal cusp tip datums of the tooth.”
Rotating a tooth in a drawn representation relative to another object/landmark or center of rotation is merely the mental process of erasing the tooth and redrawing it at a different angle.
Doing this on a computer system with a digital model amounts to no more than mere instructions to apply.
Claim 4 recites “wherein leveling, by the computer system, each tooth of the upper and lower teeth based on the respective plurality of datums being positioned relative to the occlusal plane comprises: tipping the tooth mesially or distally using marginal ridge datums of the tooth.”
Rotating a tooth in a drawn representation relative to another object/landmark or center of rotation is merely the mental process of erasing the tooth and redrawing it at a different angle.
Doing this on a computer system with a digital model amounts to no more than mere instructions to apply.
Claim 5 recites “wherein leveling, by the computer system, each tooth of the upper and lower teeth based on the respective plurality of datums being positioned relative to the occlusal plane comprises: identifying a reference plane defined by the plurality of datums on an anterior tooth; and tipping the anterior tooth according to the reference plane at a pivot point of the anterior tooth, wherein tipping the anterior tooth comprises leveling a tip of the anterior tooth with the occlusal plane.”
Identifying a reference plane defined by a plurality of datums/landmarks on a particular tooth is a mental process equivalent to choosing at least three of those datums/landmarks and drawing a plane that passes through them.
Rotating a tooth in a drawn representation relative to another object/landmark or center of rotation is merely the mental process of erasing the tooth and redrawing it at a different angle.
Performing this rotation so that the tip is “level{ed} … with the occlusal plane” merely specifies how the rotation angle is chosen.
Doing this on a computer system with a digital model amounts to no more than mere instructions to apply.
Claim 6 recites “wherein leveling, by the computer system, each tooth of the upper and lower teeth based on the respective plurality of datums being positioned relative to the occlusal plane comprises: identifying a pivot point for a posterior tooth as a midpoint between 2 marginal ridge datums for the posterior tooth; and rotating the posterior tooth around a line perpendicular to the midpoint to level the posterior tooth with the occlusal plane.”
Identifying such a midpoint is a mental process equivalent to observing the marginal ridge datums on the drawn tooth and judging the location of a point halfway between these datums.
Rotating a tooth in a drawn representation relative to another object/landmark or center of rotation is merely the mental process of erasing the tooth and redrawing it at a different angle.
Performing this rotation so that the tooth is “level … with the occlusal plane” merely specifies how the rotation angle is chosen.
Doing this on a computer system with a digital model amounts to no more than mere instructions to apply.
Claim 7 recites “further comprising torqueing the posterior tooth using at least one of buccal cusp datums and distal cusp datums to cause a cusp of the posterior tooth to be parallel to the occlusal plane.”
Rotating a tooth in a drawn representation relative to another object/landmark or center of rotation is merely the mental process of erasing the tooth and redrawing it at a different angle.
Performing this rotation so that the tooth is “parallel to the occlusal plane” merely specifies how the rotation angle is chosen
Doing this on a computer system with a digital model amounts to no more than mere instructions to apply.
Claim 8 recites “further comprising tipping the posterior tooth in at least one direction of mesially and distally using the 2 marginal ridge datums for the posterior tooth.”
Rotating a tooth in a drawn representation relative to another object/landmark or center of rotation is merely the mental process of erasing the tooth and redrawing it at a different angle.
Doing this on a computer system with a digital model amounts to no more than mere instructions to apply.
Claim 9 recites “wherein snapping, by the computer system, each tooth of the upper and lower teeth to the arch form comprises: for each tooth from a midline to a last molar in the upper teeth, snapping the tooth tangent to the arch form; and for each tooth from the midline to a last molar in the lower teeth, snapping the tooth tangent to the arch form.”
“Snapping” these teeth to be tangent to the arch form is merely the mental process of erasing each drawn tooth and redrawing them in a position that contacts the drawn arch form and is tangent to it.
Doing this on a computer system with a digital model amounts to no more than mere instructions to apply.
Claim 10 recites “wherein for each tooth from a midline to a last molar in the upper teeth, snapping the tooth tangent to the arch form comprises: snapping central incisors to the midline and tangent to the arch form; snapping lateral teeth; snapping canines so that respective cusp tips of the canines are positioned (i) relative to a tangent line on the arch form or (ii) a threshold distance outside of the arch form; and for each molar and upper bicuspid tooth, (iii) rotating the tooth so that respective marginal ridge datums are tangent to the arch form and (iv) positioning the tooth buccal-lingually so that the marginal ridge datums are aligned on the arch form.”
“Snapping” these teeth to be tangent to the arch form is merely the mental process of erasing each drawn tooth and redrawing them in a position/rotation that contacts the drawn arch form and is tangent to it. Specifying that the position is “a threshold distance outside of the arch form” and that each molar and upper bicuspid tooth is rotated “so that respective marginal ridge datums are tangent to the arch form” and positioned “so that the marginal ridge datums are aligned on the arch form” merely further clarifies how the new rotations and positions of the redrawn teeth are chosen.
Doing this on a computer system with a digital model amounts to no more than mere instructions to apply.
Claim 11 recites “wherein for each tooth from the midline to a last molar in the lower teeth, snapping the tooth tangent to the arch form comprises: snapping lower incisors to the midline and inside a tangent line so that the arch form touches a buccal side of the lower incisors; snapping lower canines so that cusp tips of the lower canines are positioned (i) relative to the tangent line inside the arch form or (ii) a threshold distance inside of the arch form; and for each molar and lower posterior tooth, translating the tooth lingually so that a respective buccal cusp tip is positioned on the arch form.”
“Snapping” these teeth to be tangent to the arch form is merely the mental process of erasing each drawn tooth and redrawing them in a position/rotation that contacts the drawn arch form and is tangent to it. Specifying that the lower incisors are positioned/rotated “inside a tangent line so that the arch form touches a buccal side of the lower incisors,” lower canines are positioned “(i) relative to the tangent line inside the arch form or (ii) a threshold distance inside of the arch form,” and that each molar and lower posterior tooth is translated “lingually so that a respective buccal cusp tip is positioned on the arch form” merely further clarifies how the new rotations and positions of the redrawn teeth are chosen.
Doing this on a computer system with a digital model amounts to no more than mere instructions to apply.
Claim 12 recites “wherein adjusting, by the computer system, positioning of the tooth to resolve interproximal (IP) contacts comprises: for each tooth, generating a bounding box; for each tooth, identifying a center point of the tooth as a center point in the bounding box; identifying a vector between center points of the teeth; selecting the tooth at a defined position, the defined position being a midline; and moving the tooth along the vector between the tooth and the adjacent tooth to (i) maintain relative orientation, remove overlap, and (ii) put the tooth in contact with the adjacent tooth at a predefined contact point.”
Generating a bounding box around each tooth is a mental process equivalent to drawing a box around each drawn tooth.
Identifying a center point of this box is a mental process equivalent to observing the box and judging where its center is.
Identifying a vector between center points of the teeth is a mental process equivalent to imagining a line between the previously identified tooth center points.
Selecting a drawn tooth at a certain position and moving it in along the previously identified line so that the new position meets certain spatial requirements is merely equivalent to erasing and redrawing that tooth in a new position that is judged to meet those requirements.
Doing this on a computer system with a digital model amounts to no more than mere instructions to apply.
Claim 13 recites “further comprising: iteratively adjusting the vector between each next set of adjacent teeth and iteratively moving each next set of adjacent teeth along the respective vector until a last tooth is moved.”
Adjusting the vector for each next set of adjacent teeth is equivalent to, for each pair of teeth, imagining a vector between their center points.
Moving each drawn tooth along the previously identified line so that the new position meets certain spatial requirements is merely equivalent to erasing and redrawing that tooth in a new position that is judged to meet those requirements.
Doing this on a computer system with a digital model amounts to no more than mere instructions to apply.
Claim 14 recites “selecting a second tooth at a second defined position, the second defined position being a side of the midline that is opposite the defined position of the tooth; and iteratively moving teeth adjacent the second tooth until a last tooth on the side of the midline that is opposite the defined position of the tooth is moved.”
Selecting a drawn tooth at a certain position and moving it in along the previously identified line so that the new position meets certain spatial requirements is merely equivalent to erasing and redrawing that tooth in a new position that is judged to meet those requirements.
Doing this on a computer system with a digital model amounts to no more than mere instructions to apply.
Claim 15 recites “wherein adjusting, by the computer system, vertical positioning of the tooth comprises moving each tooth of the lower teeth in a direction perpendicular to the occlusal plane until the tooth contacts the occlusal plane.”
Moving a tooth in a drawn representation so that it meets the occlusal plane is merely the mental process of erasing the tooth and redrawing it in a new position that touches the plane.
Claim 16 recites “wherein adjusting, by the computer system, vertical positioning of the tooth comprises socking each tooth of the upper teeth until the tooth contacts one or more of the lower teeth.”
“Socking” the drawn teeth in such a manner is a mental process that is equivalent to erasing the upper teeth and redrawing them in a position such that the formations of the upper teeth interlock or fit with the formations of the lower teeth (e.g. a cusp of an upper tooth fits into a groove of a lower tooth.)
Doing this on a computer system with a digital model amounts to no more than mere instructions to apply.
Claim 17 recites “wherein adjusting, by the computer system, vertical positioning of the tooth comprises: identifying a center point between 3 adjacent teeth to define a buccal vector as perpendicular to the center point;
Identifying such a center point and defining an associated vector is a mental process equivalent to observing the three drawn teeth and judging where a center point between the three would be placed, then imagining a line that goes through the point.
Doing this on a computer system with a digital model amounts to no more than mere instructions to apply.
for each tooth, adjusting the tooth buccally, lingually, and down based on the buccal vector;
Moving a tooth in a drawn representation in a certain direction is merely the mental process of erasing the tooth and redrawing it in a new position.
Doing this on a computer system with a digital model amounts to no more than mere instructions to apply.
measuring a distance between the adjusted tooth and at least one tooth vertically in contact with the adjusted tooth;
Measuring a distance is merely the act of gathering data representative of that distance, and therefore amounts to no more than mere data gathering.
A claim element that amounts to merely gathering data is not indicative of integration into a practical solution nor evidence that the claim provides an inventive concept or significantly more, as exemplified by ((MPEP 2106.05)(g)(Mere Data Gathering) i. Performing clinical tests on individuals to obtain input for an equation, In re Grams, 888 F.2d 835, 839-40; 12 USPQ2d 1824, 1827-28 (Fed. Cir. 1989); iv. Obtaining information about transactions using the Internet to verify credit card transactions, CyberSource v. Retail Decisions, Inc., 654 F.3d 1366, 1375, 99 USPQ2d 1690, 1694 (Fed. Cir. 2011);
determining whether the distance is within a predetermined threshold distance;
Determining whether a certain measurement is within a threshold range is a mental process equivalent to comparing the measured number to the numeric range and judging whether it is within that range.
reducing the distance in half based on determining that the distance is not within the predetermined threshold distance; moving the adjusted tooth in an opposite direction of the adjustments by the reduced distance;
Moving a tooth in a drawn representation in a certain direction by a certain amount is merely the mental process of erasing the tooth and redrawing it in a new position that meets those criteria.
Doing this on a computer system with a digital model amounts to no more than mere instructions to apply.
measuring a new distance between the adjusted tooth and the at least one tooth vertically in contact with the adjusted tooth; and
Measuring a distance is merely the act of gathering data representative of that distance, and therefore amounts to no more than mere data gathering.
A claim element that amounts to merely gathering data is not indicative of integration into a practical solution nor evidence that the claim provides an inventive concept or significantly more, as exemplified by ((MPEP 2106.05)(g)(Mere Data Gathering) i. Performing clinical tests on individuals to obtain input for an equation, In re Grams, 888 F.2d 835, 839-40; 12 USPQ2d 1824, 1827-28 (Fed. Cir. 1989); iv. Obtaining information about transactions using the Internet to verify credit card transactions, CyberSource v. Retail Decisions, Inc., 654 F.3d 1366, 1375, 99 USPQ2d 1690, 1694 (Fed. Cir. 2011);
iteratively moving the adjusted tooth buccally, lingually, down, and up until the measured distance is within the predetermined threshold distance.”
Moving a tooth in a drawn representation in a certain direction by a certain amount is merely the mental process of erasing the tooth and redrawing it in a new position that meets those criteria.
Determining whether a certain measurement is within a threshold range is a mental process equivalent to comparing the measured number to the numeric range and judging whether it is within that range.
Doing this on a computer system with a digital model amounts to no more than mere instructions to apply.
Claim 18 recites “further comprising: receiving, by the computer system, patient tooth data, wherein the patient tooth data comprises at least one image of teeth of the patient;
Receiving tooth data, when recited at such a high level of generality, amounts to no more than gather data representative of that tooth data, and therefore is an example of mere data gathering.
selecting, by the computer system and from a data store, a candidate tooth library from amongst a plurality of static tooth libraries based at least in part on the patient tooth data; and
Selecting such a library is a mental process equivalent to observing the tooth data and, based on this data, judging which library should be used. For example, if the patient tooth data shows that the patient has a certain original tooth shape, a user might choose a library of teeth that includes similarly shaped teeth.
generating, by the computer system, the digital denture model based on the patient tooth data and the candidate tooth library, wherein generating the digital denture model comprises overlaying teeth of the candidate tooth library over corresponding teeth of the digital denture model.”
Generating such a denture model is a mental process equivalent to drawing the model in a way that incorporates the features of the patient tooth data and the teeth from the candidate tooth library.
Overlaying the teeth of the candidate tooth library over corresponding teeth of the digital denture model is merely the act of drawing teeth from the candidate tooth library on top of the drawn denture model.
Doing this on a computer system with a digital model amounts to no more than mere instructions to apply.
Claim 19 recites “transmitting the digital denture model to a user device for presentation in a graphical user interface (GUI) at the user device;
Transmitting the model to generic GUI is a mental process equivalent to drawing the model using a general purpose computer, and therefore amounts to a mental process and mere instructions to apply that mental process using a computer.
receiving, by the computer system and from the user device, user input indicating one or more adjustments to at least one tooth of the upper teeth and the lower teeth in the digital denture model;
Receiving data, when recited at such a high level of generality, amounts to no more than mere data gathering.
A claim element that amounts to merely gathering data is not indicative of integration into a practical solution nor evidence that the claim provides an inventive concept or significantly more, as exemplified by ((MPEP 2106.05)(g)(Mere Data Gathering) i. Performing clinical tests on individuals to obtain input for an equation, In re Grams, 888 F.2d 835, 839-40; 12 USPQ2d 1824, 1827-28 (Fed. Cir. 1989); iv. Obtaining information about transactions using the Internet to verify credit card transactions, CyberSource v. Retail Decisions, Inc., 654 F.3d 1366, 1375, 99 USPQ2d 1690, 1694 (Fed. Cir. 2011);
and iteratively performing, by the computer system and based on the user input, at least one of: (i) leveling the at least one tooth, (ii) snapping the at least one tooth to the arch form, and (iii) until a threshold level of movement is achieved between the at least one tooth and at least one of (a) an adjacent tooth and (b) a tooth in vertical contact, adjusting a position of the at least one tooth to resolve IP contacts and adjusting a vertical positioning of the at least one tooth.
Moving teeth in a drawn representation to a position that meets certain criteria is merely the mental process of erasing the teeth and redrawing them in a new position that is judged to meet those criteria. If the criteria are not met, the cycle of erasing the teeth, redrawing the teeth in a new position, and judging if the criteria are met with the new position can be repeated until those criteria are met.
Doing this on a computer system with a digital model amounts to no more than mere instructions to apply.
Claim 20 recites “wherein snapping, by the computer system, each tooth of the upper and lower teeth to the arch form comprises aligning the tooth to the arch form using an iterative fitting algorithm, the iterative fitting algorithm being an iterative closest point algorithm.”
Moving teeth in a drawn representation to a position that meets certain criteria is merely the mental process of erasing the teeth and redrawing them in a new position that is judged to meet those criteria.
The use of a mathematical algorithm such as an iterative closest point algorithm amounts to no more than a mathematic concept; see (MPEP 2106.04(a)(2)(C))
Doing this on a computer system with a digital model amounts to no more than mere instructions to apply.
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.
(1) Claims 1, 4-5, 9-11, 15-16, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Fisker (US 20180098829 A1) in view of Imgrund (US 20100223034 A1)
Claim 1. Fisker teaches A method for performing an ([Par 3-7] “Disclosed is a method for modeling a digital design of a denture for a patient, said denture comprising a gingival part and a teeth part comprising a set of denture teeth, where the method comprises: obtaining a digital 3D representation of the patient's gum; obtaining virtual teeth models corresponding to the denture teeth; virtually arranging the virtual teeth models in relation to the digital 3D representation of the patient's gum; and generating a virtual outer gingival surface of the gingival part of the denture.” [Par 416] “FIG. 19 shows an example of a virtual initial arrangement of the virtual denture teeth 1930 relative to the virtual 3D representations of the jaws 1925, 1928, and the wax rims 1924, 1927, and the occlusal plane 1950.”) ([Par 416] “FIG. 19 shows an example of a virtual initial arrangement of the virtual denture teeth 1930 relative to the virtual 3D representations of the jaws 1925, 1928, and the wax rims 1924, 1927, and the occlusal plane 1950.”) ([Par 45] “In the context of the present invention, the occlusal plane may be represented by the following three points on a dentulous jaw: the contact point of the incisal edges of the lower central incisors (incisal point), and the tips of the distobuccal cusps of the second lower molars.” [Par 193] “Based on the digital 3D representations of the wax rims the location of the occlusal plane, the medial plane marked on a wax rim, or the incisal edge of anterior teeth of the mandibular can be obtained to e.g. derive the patient's occlusal plane.” [Par 188] “In some embodiments, the method comprises identifying an occlusal plane of the denture.” [Par 416] “FIG. 19 shows an example of a virtual initial arrangement of the virtual denture teeth 1930 relative to the virtual 3D representations of the jaws 1925, 1928, and the wax rims 1924, 1927, and the occlusal plane 1950.”)
identifying, by the computer system, a plurality of datums ([Par 121-122] “In some embodiments the method comprises providing a number of characteristic points on the digital 3D representation of the lower jaw and/or on the digital 3D representation of the upper jaw. In some embodiments, the characteristic points are used to determine the placement of teeth models on the jaw(s).”) ([Par 416] “FIG. 19 shows an example of a virtual initial arrangement of the virtual denture teeth 1930 relative to the virtual 3D representations of the jaws 1925, 1928, and the wax rims 1924, 1927, and the occlusal plane 1950.” [Par 197] “In some embodiments the teeth models are automatically arranged in a predefined distance from the digital 3D representation of the wax rim, such as at a predefined distance along a direction in the occlusal plane.”)
([Par 416] “FIG. 19 shows an example of a virtual initial arrangement of the virtual denture teeth 1930 relative to the virtual 3D representations of the jaws 1925, 1928, and the wax rims 1924, 1927, and the occlusal plane 1950.”) ([Par 234-236] “In some embodiments the method comprises: performing virtual articulation of the denture, and virtually adjusting the position and/or orientation of one or more of the teeth models,”) ([Par 237] “The virtual adjustment of position and/or orientation of part of the virtual teeth models may be performed automatically based on the articulation or may be performed virtually by the operator. The teeth models may for example be translated in the labial or lingual direction or be moved further into the gingiva part or be rotated relative to the neighbor teeth.” [Examiner’s note: moving the teeth further into the gingiva means moving them deeper into the gums, i.e. a vertical position adjustment]) returning, by the computer system, the digital denture model having the adjusted upper and lower teeth. ([Par 313-318] “FIG. 19 shows an example of a virtual initial arrangement of the virtual denture teeth. FIGS. 20a, 20b, and 20c show examples of the software tools available for digitally designing and adjusting the denture design… FIG. 24 shows an example of a final design of a denture.”)
Fisker does not explicitly teach A method for performing an auto-setup of a digital dental model; defining, by the computer system, an arch form for the lower teeth in the digital dental model, wherein the arch form is aligned with (i) a buccal side of anterior teeth of the lower teeth and (ii) buccal cusps of posterior teeth of the lower teeth, wherein a same arch form is used for the upper teeth; defining, by the computer system, an occlusal plane relative to the arch form; identifying, by the computer system, a plurality of datums for each tooth of the digital dental model; leveling each tooth based on the respective plurality of datums being positioned relative to the occlusal plane; snapping, by the computer system, each tooth to the arch form; until a threshold level of movement is achieved between each tooth and at least one of (i) an adjacent tooth and (ii) a tooth in vertical contact, iteratively: adjusting positioning of the tooth to resolve interproximal (IP) contacts, and adjusting vertical positioning of the tooth;
Imgrund makes obvious A method for performing an auto-setup of a digital dental model; ([Par 15] “In the first aspect of the invention, a method is provided for quickly arriving at a virtual pre-set-up of the orthodontic treatment plan for a patient, based up on the user specified parameters; and thereafter enabling the user interactively arrive at a final, desired treatment set-up for the patient. The parameter types and values utilized in the treatment planning process are common to the orthodontic discipline. Moreover, in one aspect of the invention, a default parameter set is provided that the user can optionally choose for obtaining the pre-set-up automatically… The pre-set-up method performs automatically all global tasks such as guidance of the tooth roots, adjustment of the intercuspidation of the molars, space management in the frontal area and creation of an occlusion to an optimum. The underlying mathematical model and rules consider typical details like frontal overjet, overbite and molar classes. It supports the space management for virtual or real tooth extractions. Space can also be reserved for later implantations. The method allows selection of global arch form …. Arch forms from the database library may be used (e.g. straight wire technique).” [Par 16-17] “1. obtain (a) a three-dimensional virtual model of a patient in malocclusion or any mid-treatment stage, and (b) tooth-features; and deriving there from; 2. derive (a) a global reference system, (b) Curve of Wilson (optional), molar torque, and (c) relations of upper and lower jaw;” [Par 164] “The set-up for upper and lower jaw may be created independently or characteristic values for one jaw may be derived from the other. Reference jaws for each, the Curve of Spee and the arch form may be selected.” [Fig. 3] Shows a model of upper and lower teeth) defining, by the computer system, an arch form for the lower teeth in the digital dental model, ([Par 18-26] 3. sub-operations to generate the orthodontic pre-set-up (a) find the Alveolar Reference Curve; (b) determine the filter of controlled tipping of tooth-root including to parameterization of the controlled tipping filter; (c) find the occlusal surface; (d) vertically align the occlusal surface; (i) parameterize the occlusal surface; and (ii) parameterize the alignment operation on the occlusal surface; (e) find the arch form; (f) align teeth on the arch form spline; (f) parameterize the shape of the arch form spline: (i) derive of the arch form splines from a reference jaw; and (ii) derive the breadth of the jaw; and (g) parameterize the aligning on arch form…” [Par 164] “The set-up for upper and lower jaw may be created independently or characteristic values for one jaw may be derived from the other. Reference jaws for each, the Curve of Spee and the arch form may be selected.”) wherein the arch form is aligned with (i) a buccal side of anterior teeth of the lower teeth and (ii) buccal cusps of posterior teeth of the lower teeth, ([Fig. 2A and Fig. 16] Show examples of arch forms along the teeth. As can be seen, they are aligned along the buccal side (the side closest to the cheek) of the teeth and along the buccal cusps) [Par 90] “FIG. 16 shows an exemplary construction of an arch form spline on the malocclusion of a lower jaw.”) [Par 238] “The arch form is defined as the arch resulting from the projection of the buccal cusp tips of the molars and the lateral edges of the anteriors into the occlusal plane. These points are connected by a smooth planar curve.” [Par 268] “FIG. 20 shows an example for the aligning of the teeth of a mandible on the arch form spline 340. All the significant points (buccal cusp tips and incisal edges) 342 are arranged on the arch form spline without a vertical movement and an angulation of the teeth. The remaining operations which were applied to the teeth are buccolingual and labiolingual movements and rotations around the vertical tooth axes. The teeth are contacted without interproximal distances in this case. The lateral edges of the front teeth 344 are arranged on the arch form spline in view from the occlusal.”) wherein a same arch form is used for the upper teeth; ([Par 291-293] “ During the configuration of the arch form and the alignment on arch form spline the reference jaw is examined independently from the dependent arch in each case. During a responding configuration of the arch form and also of the alignment on arch form for the dependent arch, several curvature are however deducted from the reference jaw. Like this, the maxilla mandible relations are taken into consideration or created. … The arch form spline for the dependent arch is created similarly to the reference arch. The only difference is the usage of calculated positions instead of the positions of the first molars. These calculated positions result from the demand that the cusp tips of the molars of the mandible should fit into the central grooves of the maxilla. We interpret in this context the connection line between the distal and mesial marginal ridges as the central groove of the tooth in question.” [Par 164] “The set-up for upper and lower jaw may be created independently or characteristic values for one jaw may be derived from the other. Reference jaws for each, the Curve of Spee and the arch form may be selected.”) defining, by the computer system, an occlusal plane relative to the arch form; ; ([Par 18-26] 3. sub-operations to generate the orthodontic pre-set-up (a) find the Alveolar Reference Curve; (b) determine the filter of controlled tipping of tooth-root including to parameterization of the controlled tipping filter; (c) find the occlusal surface; (d) vertically align the occlusal surface; (i) parameterize the occlusal surface; and (ii) parameterize the alignment operation on the occlusal surface; (e) find the arch form; (f) align teeth on the arch form spline; (f) parameterize the shape of the arch form spline: (i) derive of the arch form splines from a reference jaw; and (ii) derive the breadth of the jaw; and (g) parameterize the aligning on arch form…” [Par 216] “FIG. 11 shows the result of aligning the teeth to the occlusal surface of FIG. 9. All buccal cusp tips and incisal edges now reside within the occlusal plane.”)
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identifying, by the computer system, a plurality of datums for each tooth of the digital dental model; leveling each tooth based on the respective plurality of datums being positioned relative to the occlusal plane; ([Par 202] “The relevant tooth points are here the points set off by the tooth feature marks. Particularly useful for the maxilla are the molar marginal ridges, the cusp tips of the canines and the incisal edges of the centrals. For the mandible the buccal cusp tips of the molars are used instead of the marginal ridges.” [Par 205] “ The automatically generated occlusal surface should be built in a way that it minimizes the distances to the relevant points of the tooth surfaces. The relevant points are different for the upper and the lower jaw. When fitting the occlusal surface to the lower jaw, the cusp tips and the lateral edges of the anteriors are used. For the upper jaw in the molar region the marginal ridges are made use of, in the region of the centrals the incisal edges, which are offset vertically so that the actual contact point of the centrals is shifted by a certain amount in vertical direction.” [Par 16-17] “1. obtain (a) a three-dimensional virtual model of a patient in malocclusion or any mid-treatment stage, and (b) tooth-features; and deriving there from; 2. derive (a) a global reference system, (b) Curve of Wilson (optional), molar torque, and (c) relations of upper and lower jaw;” [Par 216] “FIG. 11 shows the result of aligning the teeth to the occlusal surface of FIG. 9. All buccal cusp tips and incisal edges now reside within the occlusal plane.”) snapping, by the computer system, each tooth to the arch form; ([Par 95] “FIG. 21 shows the mandibular teeth in the malocclusion position superimposed with the teeth in the treatment set-up position, along with the desired arch form spline”) until a threshold level of movement is achieved between each tooth and at least one of (i) an adjacent tooth and (ii) a tooth in vertical contact, iteratively: adjusting positioning of the tooth to resolve interproximal (IP) contacts ([Par 262-267] “For the alignment of the teeth on the arch form spline, a fixed tooth is presupposed. This fixed tooth is aligned on the arch form spline by the anchor mechanism. This could be e.g. an incisor, whose position on the spline is dictated by the middle position of the front. But it could also be any other optional object, e.g. a middle plain. Besides this fixed tooth (object) the neighbour tooth is preinstalled in a certain mesiodistal distance. This neighbour tooth can be considered as mobile. In this position the horizontal distance (in the x-y-plain of the global system) of the mobile tooth to the fixed tooth is investigated. The anchor of the mobile tooth is now moved by the amount of the investigated distance along the arch form spline. Thia is of course to do with respect to the direction of distance and in case of a given interproximal distance, this have to be considered also. Now again the distance to the fixed object is calculated and the anchor point of the mobile tooth is corrected accordingly like before. This procedure will be repeated until the interproximal distance, which has to be abided by, is as precise as desired.” [Par 352] “…Adjustment of possibly created interproximal gaps or intersections in the front by the equal distribution of all created gaps or intersections on the individual interproximal space between the teeth on the left and the right half of the jaw.”) and adjusting vertical positioning of the tooth; ([Par 215-216] “ Vertically Aligning the Occlusal Surface FIG. 11 shows the result of aligning the teeth to the occlusal surface of FIG. 9. All buccal cusp tips and incisal edges now reside within the occlusal plane. To achieve these final positions, a vertical shift and if required an angulation of the teeth are performed. Specifically, FIG. 11 shows aligning the teeth of the mandible on the occlual surface 160. The front teeth 162 contact the occlusal plane 160 with the lateral edges by angulation and vertical shift. The teeth with two buccal cusp tips contact the occlusal surface 160 by angulation and vertical shift. The teeth with only one buccal cusp tip 166 contact the occlusal surface with the cusp tip by vertical shift.” [Par 346-350] “3. Creation of the arch form spline for the reference jaw by using the indicated reference teeth under consideration of the offset value of the AP-position of the front as well as of the desired symmetrical characteristic. 4. Determination of the relative transversal position of the incisal contact points by using the standardized offset value (midline) 5. Aligning on arch form spline. (horizontal correction of the position of the teeth) usage of eventually standardized fixed interproximal distances. 6. Aligning on the Occlusal Surface under consideration of potential offset values for the vertical position of the teeth. 7. Anew aligning on arch form spline in order to correct interferences with the vertical alignment.” [Par 55-56] “Principally all further correction can be included by iterative usage of the automatic process.”)
Imgrund is analogous art because it is within the field of digital dentistry and dental procedure planning and design. It would have been obvious to one of ordinary skill in the art to combine Fisker with Imgrund before the effective filing date. One of ordinary skill in the art would have been motivated to make this combination in order to further automate the design process, ultimately making the process faster and more efficient. As noted by Imgrund, even advanced digital dentistry systems tend to require a large amount of manual adjustment and alignment, making the process of designing a treatment slower and more tedious ([Par 14] “The prior art computerized interactive treatment planning methods are relatively slow since they require the user to arrive at a desired treatment plan by manipulating the dentition of a patient typically one parameter at a time. Practitioners would greatly benefit from a digital orthodontic treatment planning process that is enhanced in terms of efficiency and quality. There definitely is room to improve the efficiency and quality of virtual orthodontic treatment planning.”) It should be noted that Fisker utilizes a number of manual tasks and adjustments ([Par 51] “The denture design workflow may comprise setting occlusion, modeling gingiva design, placing teeth, and making fine adjustments such as bite height and more. With a computer implementation of the method the operator may use computer implemented free-form sculpt tools and dynamic virtual articulation in modeling the digital design of the denture and make all the necessary adjustments for optimal occlusion, esthetics and functionality.” [Par 94] “The occlusal plate may be straight by default, and the operator may then adjust the curvature of the occlusal plate relative to specific patient case.” [Par 406] “Alternatively and/or additionally, the operator may virtually place the characteristic points on the digital 3D representation, or the characteristic points may be automatically placed. The characteristic points may also be placed automatically first and then the operator can adjust them afterwards.”) To this end, Imgrund teaches a method for more efficiently designing dental treatments by automating many processes that would otherwise be manually done and more quickly arriving at suitable treatment designs ([Par 3] “This invention relates to the field of computerized techniques for orthodontic treatment planning for human patients. More particularly, the invention is directed to providing a method and system for quickly arriving at a pre-set-up for the orthodontic treatment of a patient based up on the user specified parameters; and thereafter enabling the user in interactively arriving at a final, desired treatment set-up for the patient.” [Par 15] “In the first aspect of the invention, a method is provided for quickly arriving at a virtual pre-set-up of the orthodontic treatment plan for a patient, based up on the user specified parameters; and thereafter enabling the user interactively arrive at a final, desired treatment set-up for the patient. The parameter types and values utilized in the treatment planning process are common to the orthodontic discipline. Moreover, in one aspect of the invention, a default parameter set is provided that the user can optionally choose for obtaining the pre-set-up automatically. The method of creating the pre-set-up relies heavily on a set of parameters describing the jaw characteristics as well as the jaw interrelations. The tooth-root movements are confined to a necessary minimum as the pre-set-up meets various criteria towards an optimum. The pre-set-up method performs automatically all global tasks such as guidance of the tooth roots, adjustment of the intercuspidation of the molars, space management in the frontal area and creation of an occlusion to an optimum. The underlying mathematical model and rules consider typical details like frontal overjet, overbite and molar classes. It supports the space management for virtual or real tooth extractions. Space can also be reserved for later implantations. The method allows selection of global arch form to account for specific characteristics of a single jaw. Arch forms from the database library may be used (e.g. straight wire technique). Additionally, a method is provided for the user to derive the arch form manually, e.g., from the malocclusion. The method also enables the user in devising an oral surgery, when applicable and desired, such as maxillary or mandibular prognathism/retrognathism. The treatment planning process is divided into sub-operations that simulate the work-flow of an orthodontist or dental technician. The occlusion is formed independently from the global form of the jaw and vice versa; or the consequences from parameter changes like the AP position of the anterior teeth are be displayed instantaneously without modifying other constraints, such as the frontal overjet.”) Overall, one of ordinary skill in the art would have recognized that combining Fisker with Imgrund would enable suitable denture designs to be produced significantly more quickly and easily.
Claim 4. Imgrund teaches wherein leveling, by the computer system, each tooth of the upper and lower teeth based on the respective plurality of datums being positioned relative to the occlusal plane comprises: tipping the tooth mesially or distally using marginal ridge datums of the tooth. ([Par 217] “FIG. 12 illustrates the result of aligning the maxillary teeth of FIG. 10 to the maxillary occlusal surface. Different from the alignment procedure for the mandible, here the molar marginal ridges are contacted to the occlusal surface by vertical shift and angulation.” [Par 164] “The set-up for upper and lower jaw may be created independently or characteristic values for one jaw may be derived from the other. Reference jaws for each, the Curve of Spee and the arch form may be selected.” [Figs. 10 and 12] A comparison of the figures clearly shows that some of the teeth has been rotated (i.e. tipped) along the mesiodistal axis)
Claim 5. Imgrund teaches wherein leveling, by the computer system, each tooth of the upper and lower teeth based on the respective plurality of datums being positioned relative to the occlusal plane comprises: ([Par 202] “The relevant tooth points are here the points set off by the tooth feature marks. Particularly useful for the maxilla are the molar marginal ridges, the cusp tips of the canines and the incisal edges of the centrals. For the mandible the buccal cusp tips of the molars are used instead of the marginal ridges.” [Par 205] “ The automatically generated occlusal surface should be built in a way that it minimizes the distances to the relevant points of the tooth surfaces. The relevant points are different for the upper and the lower jaw. When fitting the occlusal surface to the lower jaw, the cusp tips and the lateral edges of the anteriors are used. For the upper jaw in the molar region the marginal ridges are made use of, in the region of the centrals the incisal edges, which are offset vertically so that the actual contact point of the centrals is shifted by a certain amount in vertical direction.” [Par 16-17] “1. obtain (a) a three-dimensional virtual model of a patient in malocclusion or any mid-treatment stage, and (b) tooth-features; and deriving there from; 2. derive (a) a global reference system, (b) Curve of Wilson (optional), molar torque, and (c) relations of upper and lower jaw;” [Par 216] “FIG. 11 shows the result of aligning the teeth to the occlusal surface of FIG. 9. All buccal cusp tips and incisal edges now reside within the occlusal plane.” ” [Par 164] “The set-up for upper and lower jaw may be created independently or characteristic values for one jaw may be derived from the other. Reference jaws for each, the Curve of Spee and the arch form may be selected.” [Par 87] “FIG. 13 presents the result of aligning the teeth of maxilla and mandible to the occlusal surface of the mandible of FIG. 9. A view from the right is shown”) identifying a reference plane defined by the plurality of datums on an anterior tooth; and ([Par 181] “The virtual tooth root resistance centers are projected into the horizontal plane and then serve to determine the Alveolar Reference Curve.” [Par 205] “The automatically generated occlusal surface should be built in a way that it minimizes the distances to the relevant points of the tooth surfaces. The relevant points are different for the upper and the lower jaw. When fitting the occlusal surface to the lower jaw, the cusp tips and the lateral edges of the anteriors are used.” [Par 138] “The tooth models must be provided with tooth features like cusp tips, incisal edges of the front teeth, marginal ridges, tooth axes system or root center. In the following description, incisal edges of the incisors are defined as the points situated the most laterally and occlusally on the tooth surface. These points reside on the labial surface for the mandible, on the lingual surface for the maxilla.”) tipping the anterior tooth according to the reference plane at a pivot point of the anterior tooth, ([Par 195] “FIG. 7 is an example of the controlled tipping at labial movement of an anterior, illustrated through the controlled tipping of the LR1 central tooth 114. Two views are shown, view 110 with the original position of the tooth 114, and view 120 after tipping the tooth 114. Alveolar reference spline is identified by the reference numeral 112 in view 110, and by the reference numeral 122 in view 120. Angle of inclination of tooth 114 in view 110 is identified by the reference numeral 116, and after tipping in view 120 by reference numeral 126. The labial movement of the LR1 crown resulting from the tipping is identified by the reference numeral 128. Obviously the virtual root center of the LR1-central that has been shifted in labial direction does not move in this direction. The 2D distance of the center to the Alveolar Reference Curve stays the same. The virtual tooth root resistance center only moves in the vertical direction. The lingual or labial motion of a tooth crown is always combined with a change in the inclination angle of this tooth by this filter, which means the tooth is tipped.” [Par 81] “FIG. 7 is an example of the controlled tipping at labial movement of an anterior.”) wherein tipping the anterior tooth comprises leveling a tip of the anterior tooth with the occlusal plane. ([Par 216] “FIG. 11 shows the result of aligning the teeth to the occlusal surface of FIG. 9. All buccal cusp tips and incisal edges now reside within the occlusal plane.” [Fig. 11] As can be seen, the tips of the anterior teeth are level with the plane)
Claim 9. Imgrund teaches wherein snapping, by the computer system, each tooth of the upper and lower teeth to the arch form comprises: ([Par 95] “FIG. 21 shows the mandibular teeth in the malocclusion position superimposed with the teeth in the treatment set-up position, along with the desired arch form spline”) for each tooth from a midline to a last molar in the upper teeth, snapping the tooth tangent to the arch form; and for each tooth from the midline to a last molar in the lower teeth, snapping the tooth tangent to the arch form. ([Par 256-259] “Aligning on Arch Form Spline … Every virtual tooth is assorted with a virtual anchor. This anchor is arithmetically realized by a tripod of unit vectors and allows the anchoring of a tooth in the arch form spline. The procedure takes place as follows: the centre of the tripod comes to rest on the arch form spline and one of the vectors of the points into vertical direction. A second vector of the tripod synchronizes with the tangent vector on the arch form spline in the centre of the tripod. This enables the user to move a virtual tooth easily along the arch form spline so that the cusp tips of the tooth follow the shape of the arch form spline during the movement. FIG. 17 is a representation of the tooth anchor on a 1st molar of a mandible from the occlusal point of view. On the left side 230 one can see the construction of the tooth anchor 232 in the malocclusion position. The reference point of the tooth 234 lies on half the connecting line between the buccal cusp tips 238, shown for convenience on the right side 240, D1=D2, and lies normally to the arch form spline 236. The tooth anchor is calculated new for every relative position of the tooth to the spline. On the right side one can see the tooth anchor of the same tooth in the align on arch form spline position. Here the tooth anchor and the reference point synchronize. FIG. 18 is a representation of the tooth anchor of the same tooth as in FIG. 17 from the buccal point of view. In the malocclusion position 250 of the tooth on the left side of the FIG. 18, the position and alignment of the tooth anchor 268 include the angulation 252 of the tooth, referring to the horizontal plain 254, as well as a vertical offset 256. The right side of the FIG. 18 260 shows the align on occlusal surface position 262 of the tooth. Here the buccal cusp tips 264 lie in the occlusal surface, the angulation of the tooth has been corrected accordingly. FIG. 19 provides the definition of the tooth anchor of the remaining teeth when aligned on arch form spline position. The reference points of the teeth synchronize in this case with the tooth anchor. The tooth anchor definition for the 1.sup.st and 2.sup.nd premolars 300 comprise buccal cusp tips 302 and lingual cusp tips 304. The tooth anchor definitions for the canines 310 comprise the single cusp tip 312, the tooth axis in the vestibular direction 314, and the rectangle between the vestibular tooth axis and x-axis of the tooth axes system. The tooth anchor definition for the front teeth comprise the lateral edges 322.”)
Claim 10. Imgrund teaches wherein for each tooth from a midline to a last molar in the upper teeth, snapping the tooth tangent to the arch form comprises: snapping central incisors to the midline and tangent to the arch form; ([Par 256] “Every virtual tooth is assorted with a virtual anchor. This anchor is arithmetically realized by a tripod of unit vectors and allows the anchoring of a tooth in the arch form spline. The procedure takes place as follows: the centre of the tripod comes to rest on the arch form spline and one of the vectors of the points into vertical direction. A second vector of the tripod synchronizes with the tangent vector on the arch form spline in the centre of the tripod. This enables the user to move a virtual tooth easily along the arch form spline so that the cusp tips of the tooth follow the shape of the arch form spline during the movement.” [Par 262] “For the alignment of the teeth on the arch form spline, a fixed tooth is presupposed. This fixed tooth is aligned on the arch form spline by the anchor mechanism. This could be e.g. an incisor, whose position on the spline is dictated by the middle position of the front. But it could also be any other optional object, e.g. a middle plain.” [Par 148] “The x and z axes define the median plane, which is not shown in FIG. 3. The facial midline 78 runs through the incisive contact point of the jaw centrals.” [Fig. 17] Shows an example snapping of a tooth to the arch form. As can be seen the tooth is positioned tangentially to the arch form. While the tooth illustrated in this example is not an incisor, [Par 262] clearly describes performing the same process with an incisor) snapping lateral teeth; ([Par 263] “Besides this fixed tooth (object) the neighbour tooth is preinstalled in a certain mesiodistal distance. This neighbour tooth can be considered as mobile.” [Fig. 20] Clearly shows the laterals snapped to the arch form) snapping canines so that respective cusp tips of the canines are positioned (i) relative to a tangent line on the arch form or (ii) a threshold distance outside of the arch form; and ([Par 259-260] “FIG. 19 provides the definition of the tooth anchor of the remaining teeth when aligned on arch form spline position. The reference points of the teeth synchronize in this case with the tooth anchor. The tooth anchor definition for the 1.sup.st and 2.sup.nd premolars 300 comprise buccal cusp tips 302 and lingual cusp tips 304. The tooth anchor definitions for the canines 310 comprise the single cusp tip 312, the tooth axis in the vestibular direction 314, and the rectangle between the vestibular tooth axis and x-axis of the tooth axes system. The tooth anchor definition for the front teeth comprise the lateral edges 322. By using the mechanism of the tooth anchor it is now possible to align the teeth of the pre-set-up along the arch form spline with a possibly desired interproximal distance.” [Fig. 20] Clearly shows the cusp tips of the canines positioned relative to a tangent line on the arch form) for each molar and upper bicuspid tooth, (iii) rotating the tooth so that respective marginal ridge datums are tangent to the arch form and (iv) positioning the tooth buccal-lingually so that the marginal ridge datums are aligned on the arch form. ([Par 257-259] “FIG. 17 is a representation of the tooth anchor on a 1st molar of a mandible from the occlusal point of view. On the left side 230 one can see the construction of the tooth anchor 232 in the malocclusion position. The reference point of the tooth 234 lies on half the connecting line between the buccal cusp tips 238, shown for convenience on the right side 240, D1=D2, and lies normally to the arch form spline 236. The tooth anchor is calculated new for every relative position of the tooth to the spline. On the right side one can see the tooth anchor of the same tooth in the align on arch form spline position. Here the tooth anchor and the reference point synchronize. … FIG. 19 provides the definition of the tooth anchor of the remaining teeth when aligned on arch form spline position. The reference points of the teeth synchronize in this case with the tooth anchor. The tooth anchor definition for the 1.sup.st and 2.sup.nd premolars 300 comprise buccal cusp tips 302 and lingual cusp tips 304. The tooth anchor definitions for the canines 310 comprise the single cusp tip 312, the tooth axis in the vestibular direction 314, and the rectangle between the vestibular tooth axis and x-axis of the tooth axes system. The tooth anchor definition for the front teeth comprise the lateral edges 322.” [Par 302] “The symmetry of the dependent arch always corresponds with the reference arch and can therefore not be tooled separately. FIG. 24 illustrates elements for deriving the arch width of the opponent jaw from the reference jaw. The illustration includes the arch form spline of the mandible 390, the arch form spline of the maxilla 392, and the marginal ridges of the upper molars 394. Also shown is the median plane 396.” [Par 296] “FIG. 23 shows that by using the marginal ridges of the molars of the maxilla as supporting points for the calculation of the arch form spline of the mandible, the arch form spline of the mandible approximates directly the course of the central grooves of the maxilla. FIG. 23 illustrates elements for deriving the dependent arch form spline from the independent jaw. The illustration includes the arch form spline of the mandible 380, the arch form spline of the maxilla 382, and the central grooves of the teeth of the maxilla 384.” [Par 217] “Different from the alignment procedure for the mandible, here the molar marginal ridges are contacted to the occlusal surface by vertical shift and angulation” [Figs. 23 and 24] It can be clearly seen from the figures that the marginal ridges of the upper teeth, including the molars and bicuspids, are aligned with the arch form)
Claim 11. Imgrund teaches wherein for each tooth from the midline to a last molar in the lower teeth, snapping the tooth tangent to the arch form comprises: snapping lower incisors to the midline and inside a tangent line so that the arch form touches a buccal side of the lower incisors; ([Par 256] “ Every virtual tooth is assorted with a virtual anchor. This anchor is arithmetically realized by a tripod of unit vectors and allows the anchoring of a tooth in the arch form spline. The procedure takes place as follows: the centre of the tripod comes to rest on the arch form spline and one of the vectors of the points into vertical direction. A second vector of the tripod synchronizes with the tangent vector on the arch form spline in the centre of the tripod. This enables the user to move a virtual tooth easily along the arch form spline so that the cusp tips of the tooth follow the shape of the arch form spline during the movement.” [Par 259] “FIG. 19 provides the definition of the tooth anchor of the remaining teeth when aligned on arch form spline position. The reference points of the teeth synchronize in this case with the tooth anchor. The tooth anchor definition for the 1.sup.st and 2.sup.nd premolars 300 comprise buccal cusp tips 302 and lingual cusp tips 304. The tooth anchor definitions for the canines 310 comprise the single cusp tip 312, the tooth axis in the vestibular direction 314, and the rectangle between the vestibular tooth axis and x-axis of the tooth axes system. The tooth anchor definition for the front teeth comprise the lateral edges 322.” [Par 262] “For the alignment of the teeth on the arch form spline, a fixed tooth is presupposed. This fixed tooth is aligned on the arch form spline by the anchor mechanism. This could be e.g. an incisor, whose position on the spline is dictated by the middle position of the front. But it could also be any other optional object, e.g. a middle plain”) snapping lower canines so that cusp tips of the lower canines are positioned (i) relative to the tangent line inside the arch form or (ii) a threshold distance inside of the arch form; and ([Par 259-260] “FIG. 19 provides the definition of the tooth anchor of the remaining teeth when aligned on arch form spline position. The reference points of the teeth synchronize in this case with the tooth anchor. The tooth anchor definition for the 1.sup.st and 2.sup.nd premolars 300 comprise buccal cusp tips 302 and lingual cusp tips 304. The tooth anchor definitions for the canines 310 comprise the single cusp tip 312, the tooth axis in the vestibular direction 314, and the rectangle between the vestibular tooth axis and x-axis of the tooth axes system. The tooth anchor definition for the front teeth comprise the lateral edges 322. By using the mechanism of the tooth anchor it is now possible to align the teeth of the pre-set-up along the arch form spline with a possibly desired interproximal distance.”) for each molar and lower posterior tooth, translating the tooth lingually so that a respective buccal cusp tip is positioned on the arch form. ([Par 268] “FIG. 20 shows an example for the aligning of the teeth of a mandible on the arch form spline 340. All the significant points (buccal cusp tips and incisal edges) 342 are arranged on the arch form spline without a vertical movement and an angulation of the teeth. The remaining operations which were applied to the teeth are buccolingual and labiolingual movements and rotations around the vertical tooth axes. The teeth are contacted without interproximal distances in this case. The lateral edges of the front teeth 344 are arranged on the arch form spline in view from the occlusal.”)
Claim 15. Imgrund teaches wherein adjusting, by the computer system, vertical positioning of the tooth comprises moving each tooth of the lower teeth in a direction perpendicular to the occlusal plane until the tooth contacts the occlusal plane. ([Par 147] “The tooth movements to set up the occlusal plane take place along the vertical axis of the global reference system (Curve of Spee)” [Par 216] “FIG. 11 shows the result of aligning the teeth to the occlusal surface of FIG. 9. All buccal cusp tips and incisal edges now reside within the occlusal plane. To achieve these final positions, a vertical shift and if required an angulation of the teeth are performed. Specifically, FIG. 11 shows aligning the teeth of the mandible on the occlual surface 160. The front teeth 162 contact the occlusal plane 160 with the lateral edges by angulation and vertical shift. The teeth with two buccal cusp tips contact the occlusal surface 160 by angulation and vertical shift. The teeth with only one buccal cusp tip 166 contact the occlusal surface with the cusp tip by vertical shift.”)
Claim 16. Imgrund teaches wherein adjusting, by the computer system, vertical positioning of the tooth comprises socking each tooth of the upper teeth until the tooth contacts one or more of the lower teeth. ([Par 218] “The appliance of only one occlusal surface for both jaws plays an important role and requires a special treatment. For this case the molars of the maxilla are automatically adjusted by the alignment to the occlusal surface that their central grooves (represented by the transition line between the marginal ridges) reside at the heights of the molar buccal cusp tips of the mandible. Thus a maximum of intercuspidation has been realized for the molars.” [Par 222] “FIG. 15 shows the same representation as FIG. 14, only with the jaw cut at the position of the left central in sagittal direction. It can be recognized that an overbite in the front can be realized by adding the mentioned offsets to the final vertical tooth positions of the front teeth. The offset value 190 of the laterals defines the overbite. Here, the occlusal surface 192 is defined as a plane.”)
Claim 19. Fisker teaches transmitting the digital denture model to a user device for presentation in a graphical user interface (GUI) at the user device; ([Par 294] “In some embodiments, the user interface is configured for obtaining and visualizing digital 3D representations of an upper and/or a lower wax rim together with the digital 3D representation of the patient's gum and/or the virtual teeth models corresponding to the denture teeth.” [Par 289] “Disclosed is a user interface for modeling a digital design of a denture for a patient, said denture comprising a gingival part and a teeth part comprising a set of denture teeth…” receiving, by the computer system and from the user device, user input indicating one or more adjustments to at least one tooth of the upper teeth and the lower teeth in the digital denture model; ([Par 446] “In the virtually arranging the virtual teeth models in relation to the digital 3D representation of the patient's gum and generating a virtual outer gingival surface of the gingival part of the denture, one or more options can be presented to the operator, such as whether to move a one or more teeth one by one or as a group. Other options can relate to numerical values for e.g. thickness of the gingival part of the denture. The options can be presented in a user interface visualized on the visual display unit 2886.”) and ([Par 446] “In the virtually arranging the virtual teeth models in relation to the digital 3D representation of the patient's gum and generating a virtual outer gingival surface of the gingival part of the denture, one or more options can be presented to the operator, such as whether to move a one or more teeth one by one or as a group. Other options can relate to numerical values for e.g. thickness of the gingival part of the denture. The options can be presented in a user interface visualized on the visual display unit 2886.”)
Imgrund makes obvious iteratively performing, based on user input, at least one of:
(i) leveling the at least one tooth,
(ii) snapping the at least one tooth to the arch form, and
(iii) until a threshold level of movement is achieved between the at least one tooth and at least one of (a) an adjacent tooth and (b) a tooth in vertical contact, adjusting a position of the at least one tooth to resolve IP contacts ([Par 260] “By using the mechanism of the tooth anchor it is now possible to align the teeth of the pre-set-up along the arch form spline with a possibly desired interproximal distance.” [Par 262-267] “For the alignment of the teeth on the arch form spline, a fixed tooth is presupposed. This fixed tooth is aligned on the arch form spline by the anchor mechanism. This could be e.g. an incisor, whose position on the spline is dictated by the middle position of the front. But it could also be any other optional object, e.g. a middle plain. Besides this fixed tooth (object) the neighbour tooth is preinstalled in a certain mesiodistal distance. This neighbour tooth can be considered as mobile. In this position the horizontal distance (in the x-y-plain of the global system) of the mobile tooth to the fixed tooth is investigated. The anchor of the mobile tooth is now moved by the amount of the investigated distance along the arch form spline. Thia is of course to do with respect to the direction of distance and in case of a given interproximal distance, this have to be considered also. Now again the distance to the fixed object is calculated and the anchor point of the mobile tooth is corrected accordingly like before. This procedure will be repeated until the interproximal distance, which has to be abided by, is as precise as desired.” [Par 352] “…Adjustment of possibly created interproximal gaps or intersections in the front by the equal distribution of all created gaps or intersections on the individual interproximal space between the teeth on the left and the right half of the jaw.”)and adjusting a vertical positioning of the at least one tooth. ([Par 215-216] “ Vertically Aligning the Occlusal Surface FIG. 11 shows the result of aligning the teeth to the occlusal surface of FIG. 9. All buccal cusp tips and incisal edges now reside within the occlusal plane. To achieve these final positions, a vertical shift and if required an angulation of the teeth are performed. Specifically, FIG. 11 shows aligning the teeth of the mandible on the occlual surface 160. The front teeth 162 contact the occlusal plane 160 with the lateral edges by angulation and vertical shift. The teeth with two buccal cusp tips contact the occlusal surface 160 by angulation and vertical shift. The teeth with only one buccal cusp tip 166 contact the occlusal surface with the cusp tip by vertical shift.” [Par 346-350] “3. Creation of the arch form spline for the reference jaw by using the indicated reference teeth under consideration of the offset value of the AP-position of the front as well as of the desired symmetrical characteristic. 4. Determination of the relative transversal position of the incisal contact points by using the standardized offset value (midline) 5. Aligning on arch form spline. (horizontal correction of the position of the teeth) usage of eventually standardized fixed interproximal distances. 6. Aligning on the Occlusal Surface under consideration of potential offset values for the vertical position of the teeth. 7. Anew aligning on arch form spline in order to correct interferences with the vertical alignment.” [Par 55-56] “Principally all further correction can be included by iterative usage of the automatic process.”)
Claim 20. Fisker teaches ([Par 327-331] “Iterative Closest Point (ICP) is an algorithm employed to minimize the difference between two clouds of points. ICP can be used to reconstruct 2D or 3D surfaces from different scans or sub-scans. The algorithm is conceptually simple and is commonly used in real-time. It iteratively revises the transformation, i.e. translation and rotation, needed to minimize the distance between the points of two raw scans or sub-scans. The inputs are: points from two raw scans or sub-scans, initial estimation of the transformation, criteria for stopping the iteration. The output is: refined transformation. Essentially the algorithm steps are: 1. Associate points by the nearest neighbor criteria. 2. Estimate transformation parameters using a mean square cost function. 3. Transform the points using the estimated parameters. 4. Iterate, i.e. re-associate the points and so on.”)
Imgrund makes obvious wherein snapping, by the computer system, each tooth of the upper and lower teeth to the arch form comprises aligning the tooth to the arch form using an iterative algorithm ([Par 343-355] “This section will show a possible automatic sequence of the usage of the single part operations according to a preferred embodiment of the invention. 1. Activate the controlled tipping filter for all of the following operations 2. Creation of the occlusal surface of the upper and lower jaw by using the indicated reference teeth of the malocclusion or of any other reference stage. 3. Creation of the arch form spline for the reference jaw by using the indicated reference teeth under consideration of the offset value of the AP-position of the front as well as of the desired symmetrical characteristic. 4. Determination of the relative transversal position of the incisal contact points by using the standardized offset value (midline) 5. Aligning on arch form spline. (horizontal correction of the position of the teeth) usage of eventually standardized fixed interproximal distances. 6. Aligning on the Occlusal Surface under consideration of potential offset values for the vertical position of the teeth. 7. Anew aligning on arch form spline in order to correct interferences with the vertical alignment.” [Par 360] “Principally the automatic process is designed so that it can be used iteratively. That means, the pre-set-up created after one passage of the automatic process can always be used again as a reference stage for a new passage of the process.” [Par 262-267] “For the alignment of the teeth on the arch form spline, a fixed tooth is presupposed. This fixed tooth is aligned on the arch form spline by the anchor mechanism. This could be e.g. an incisor, whose position on the spline is dictated by the middle position of the front. But it could also be any other optional object, e.g. a middle plain. Besides this fixed tooth (object) the neighbour tooth is preinstalled in a certain mesiodistal distance. This neighbour tooth can be considered as mobile. In this position the horizontal distance (in the x-y-plain of the global system) of the mobile tooth to the fixed tooth is investigated. The anchor of the mobile tooth is now moved by the amount of the investigated distance along the arch form spline. Thia is of course to do with respect to the direction of distance and in case of a given interproximal distance, this have to be considered also. Now again the distance to the fixed object is calculated and the anchor point of the mobile tooth is corrected accordingly like before. This procedure will be repeated until the interproximal distance, which has to be abided by, is as precise as desired.”)
(2) Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Fisker (US 20180098829 A1) in view of Imgrund (US 20100223034 A1) in further view of Lee (KR 20110065766 A)
Claim 2. Imgrund teaches wherein leveling, by the computer system, each tooth of the upper and lower teeth based on the respective plurality of datums being positioned relative to the occlusal plane comprises: ([Par 202] “The relevant tooth points are here the points set off by the tooth feature marks. Particularly useful for the maxilla are the molar marginal ridges, the cusp tips of the canines and the incisal edges of the centrals. For the mandible the buccal cusp tips of the molars are used instead of the marginal ridges.” [Par 205] “ The automatically generated occlusal surface should be built in a way that it minimizes the distances to the relevant points of the tooth surfaces. The relevant points are different for the upper and the lower jaw. When fitting the occlusal surface to the lower jaw, the cusp tips and the lateral edges of the anteriors are used. For the upper jaw in the molar region the marginal ridges are made use of, in the region of the centrals the incisal edges, which are offset vertically so that the actual contact point of the centrals is shifted by a certain amount in vertical direction.” [Par 16-17] “1. obtain (a) a three-dimensional virtual model of a patient in malocclusion or any mid-treatment stage, and (b) tooth-features; and deriving there from; 2. derive (a) a global reference system, (b) Curve of Wilson (optional), molar torque, and (c) relations of upper and lower jaw;” [Par 216] “FIG. 11 shows the result of aligning the teeth to the occlusal surface of FIG. 9. All buccal cusp tips and incisal edges now reside within the occlusal plane.”) ([Par 136-138] “Tooth features, such as the cusp tips, marginal ridges, central groove lines, buccal grooves, contact points, etc. play key roles in defining some well established orthodontic treatment planning criteria such as: alignment, marginal ridges, buccolingual inclination, occlusal relationships, occlusal contacts, interproximal contacts, root angulation, etc. … ] The tooth models must be provided with tooth features like cusp tips, incisal edges of the front teeth, marginal ridges, tooth axes system or root center. In the following description, incisal edges of the incisors are defined as the points situated the most laterally and occlusally on the tooth surface.”[Par 293] “We interpret in this context the connection line between the distal and mesial marginal ridges as the central groove of the tooth in question.
The combination of Fisker and Imgrund does not explicitly teach rotating the tooth around a line perpendicular through marginal ridge datums
Lee makes obvious rotating the tooth around a line perpendicular through marginal ridge datums ([Page 18 Par 4-6] “…the core point 120 is defined as two points, and the two points become marginal ridges of each tooth (T) corresponding to the mandible cusp. …The normal vector 130 (see NV, NVI in the figure) is set to have a direction at the core point 120, as shown in FIG. Figure 3 is a schematic diagram based on any one tooth of the mandible. That is, the origin point or the starting point of the normal vector 130 becomes the core point 120. As described above, if the core point 120 sets the view in a direction perpendicular to the occlusal surface, the direction perpendicular to the occlusal surface becomes the direction of the normal vector 130. As shown in FIG. 3, when the view plane moves from the plane 'NVP' to the plane 'NVPI', the normal vector 130 also moves from 'NV' to 'NVI'. The view plane at this time becomes the core curved surface 150 mentioned later. Therefore, when the core point 120 is set, the normal vector 130 may be set automatically, thus making it easier to use and thus reducing the economic cost. In the normal vector 130, since the core point 120 is a reference point, one of the lower jaw and two of the upper jaw are set at each tooth T.” [Page 19 Par 8] “Herein, a process of aligning any one tooth T disposed on the optical core curve 170 by the method according to the present invention will be described in detail. First, the teeth T disposed on the optical core curve 170 have degrees of freedom in various directions at the core point 120, as shown in FIG. 2. For example, the teeth T may be arranged in various directions from 'NV' direction, 'NVI' direction, 'NV2' direction, 'NVN' direction. Next, the teeth T are aligned in the direction of the normal vector 130 defined at the core point 120 (S230). Thus, as shown in FIG. 4, the tooth T is rotatably disposed on the optical core curve 170 in the direction of the normal vector 130 about the core point 120. T has degrees of freedom to rotate. In order to prevent the tooth T from rotating on the optical core curve 170, the concept of the edge curve 140 is applied (S233). The defining of the edge curve 140 as one of the three-dimensional positioning means is because it is close to the core point 120 and can be read or read from the three-dimensional data of the teeth T most simply and conveniently. Thus, the tooth T may no longer have a degree of freedom and may be precisely aligned at a position desired by the user. Repeating the alignment of the immediately adjacent teeth T in the same process, all the teeth T are aligned on the optical core curve 170, as shown in FIG. 8B. An example of extracting the core curved surface 150 in this state (S250) is illustrated in FIG. 10.” [Fig. 4] Depicts rotation along a vector normal to the core point (i.e. perpendicular to it.) While a single point is shown in the figure, note that when marginal ridges are used the core point comprises two points, see [Page 18 Par 4-6])
Lee is analogous art because it is within the field of digital dentistry. It would have been obvious to one of ordinary skill in the art to combine Lee with Fisker and Imgrund before the effective filing date. One of ordinary skill in the art would have been motivated to make this combination in order to allow dental designs to be modelled more efficiently. Lee notes how typical dental design systems require a very large amount of data to model treatments, which can make them inconvenient to operate. ([Page 15 Par 25] “After orthodontics for orthodontics, orthodontics are performed with the goal of orthodontics as the ideal and optimal tooth alignment. Various methods of setting this ideal and optimal tooth arrangement are known. For example, the three-dimensional positioning of the teeth is determined based on the X, Y, Z coordinates of the portion where the bracket is coupled to each tooth and the angle at each of these coordinates. That is, if six data are required for each tooth and applied to 28 teeth, which are the entire teeth of the upper and lower jaw, it is very inconvenient to use because a large amount of data of 168 is required and such data must be handled. Therefore, it is desirable for the three-dimensional positioning system of the teeth to minimize the criteria for positioning, if possible, to improve usability and economy.”) To this end, Lee presents a system that reduces the amount of data required to effectively model dental treatment designs ([Page 16 Par 4] “The above object is, according to the present invention, the teeth can be arranged in sequence, the teeth are arranged and the core curve can be treated as a single mass; A core point set on the basis of each tooth; A normal vector set at the core point; sequentially placing adjacent teeth so that the core point is located on the core curve, and each tooth having a degree of freedom at the core point based on the normal vector; It is achieved by a three-dimensional positioning system of the tooth, characterized by alignment on the core curve.”) Overall, one of ordinary skill in the art would have recognized that combining Lee with Fisker and Imgrund would result in a more data-efficient modelling system, reducing the amount of computational resources that the system requires.
(3) Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Fisker (US 20180098829 A1) in view of Imgrund (US 20100223034 A1) in further view of Kuo (US 20090034811 A1)
Claim 3. Imgrund teaches wherein leveling, by the computer system, each tooth of the upper and lower teeth based on the respective plurality of datums being positioned relative to the occlusal plane comprises: torqueing the tooth using buccal and([Par 216-217] “FIG. 11 shows the result of aligning the teeth to the occlusal surface of FIG. 9. All buccal cusp tips and incisal edges now reside within the occlusal plane. To achieve these final positions, a vertical shift and if required an angulation of the teeth are performed. Specifically, FIG. 11 shows aligning the teeth of the mandible on the occlual surface 160. The front teeth 162 contact the occlusal plane 160 with the lateral edges by angulation and vertical shift. The teeth with two buccal cusp tips contact the occlusal surface 160 by angulation and vertical shift. The teeth with only one buccal cusp tip 166 contact the occlusal surface with the cusp tip by vertical shift. FIG. 12 illustrates the result of aligning the maxillary teeth of FIG. 10 to the maxillary occlusal surface. Different from the alignment procedure for the mandible, here the molar marginal ridges are contacted to the occlusal surface by vertical shift and angulation. For the canines and the centrals the cusp tips and incisal edges are used respectively, such as for the mandible. The teeth are just vertically shifted above the occlusal surface after alignment by an offset specified for each tooth. In order to align the teeth of maxilla on the occlusal surface, vertical offset 170 is applied between the lateral edges and the occlusal surface. The marginal ridges of the molar 172 contact the occlusal surface by angulation and vertical shift of the teeth.” [Par 136] “Tooth features, such as the cusp tips, marginal ridges, central groove lines, buccal grooves, contact points, etc. play key roles in defining some well established orthodontic treatment planning criteria such as: alignment, marginal ridges, buccolingual inclination, occlusal relationships, occlusal contacts, interproximal contacts, root angulation, etc...” [Par 205] “When fitting the occlusal surface to the lower jaw, the cusp tips and the lateral edges of the anteriors are used.) [Examiner’s note: “torqueing” refers to rotating teeth, e.g. the described “angulation”])
The combination of Fisker and Imgrund does not explicitly recite using buccal and distal cusp tip datums
Kuo makes obvious using buccal and distal cusp tip datums ([Par 43] “The tooth shape in FIG. 3A is labeled with, for example, reference points (370-1, 370-2, 370-3, 370-4, 370-5, 370-6, 370-8, 370-9, 370-10, 370-11, 370-12, and 370-13) stored in the reference library. For instance, reference point 370-1 illustrates a point on the distal cusp tip.” [Par 45] “FIG. 3A, also includes reference point 370-4 that illustrates a point on the distal buccal cusp tip. Also, reference point 370-5 illustrates a point on the mesial buccal cusp tip.” [Par 30] “In various embodiments, an embodiment can include adding a location of the predefined dental reference to the abnormal tooth shape based on the mapped predefined dental reference from the model tooth shape. This can aid the treatment professional when correction of the abnormal tooth involves treatment in consideration of that reference point.”)
Kuo is analogous art because it is within the field of dental treatment design. It would have been obvious to one of ordinary skill in the art to combine Kuo with Fisker and Imgrund before the effective filing date. One of ordinary skill in the art would have been motivated to make this combination in order to better deal with broken or unusual tooth shapes. In the case of partial dentures, i.e. dentures that only replace a certain subset of teeth, the existing dentition of a person’s mouth must be considered, including any unusual formations. As noted by Kuo, systems that rely on the recognition of certain geometric markers to perform dental treatment planning, such as that of Imgrund, struggle to deal with unusual dental formations ([Par 5-8] “automation of reference point selection can be performed with the assistance of a computing device. Algorithms in computing device-aided recognition of surface features can improve accuracy in some instances. For example, the maximum height of a crown can be detected by an algorithm that determines the location of cusp tips and this may improve the accuracy of reference point selection. However, such automated systems are based on the assumption that the dental anatomy is normal. That is, the assumption that a tooth is fully intact and fully erupted. Such automated systems rely on a set of dental features to identify reference points and axes. If a tooth is broken or partially erupted, an automated system may rely on incorrect landmarks to derive the reference points and axes. In such situations, the automated system can incorrectly identify reference points and axes. This may result in impractical or incorrect treatment options.”) To this end, Kuo presents a method for more accurately characterizing tooth features, particularly in the case of abnormal or unusual dental formations. ([Par 25] “Embodiments of the present disclosure include computing device, system, and method embodiments for mapping abnormal dental references. For example, the embodiments include, a computing device readable medium having instructions for associating an abnormal tooth shape with a model tooth shape from a reference library of model tooth shapes. This can be beneficial, for example, in aiding the treatment professional with visualization of references for an abnormal tooth, among other benefits.” [Par 27] “Some embodiments can include mapping a predefined dental reference from the model tooth shape onto at least a portion of the abnormal tooth shape. This can be beneficial in providing the treatment professional with more accurate and consistent references over manual selection of references based on the treatment professional's estimation, among other benefits.”) Overall, one of ordinary skill in the art would have recognized that combining Kuo with Fisker and Imgrund would allow the system to function more accurately, particularly when abnormal dentition needs to be considered.
(4) Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Fisker (US 20180098829 A1) in view of Imgrund (US 20100223034 A1) in view of Chishti (JP 2004500149 A)
Claim 6. Imgrund teaches wherein leveling, by the computer system, each tooth of the upper and lower teeth based on the respective plurality of datums being positioned relative to the occlusal plane comprises: ([Par 202] “The relevant tooth points are here the points set off by the tooth feature marks. Particularly useful for the maxilla are the molar marginal ridges, the cusp tips of the canines and the incisal edges of the centrals. For the mandible the buccal cusp tips of the molars are used instead of the marginal ridges.” [Par 205] “ The automatically generated occlusal surface should be built in a way that it minimizes the distances to the relevant points of the tooth surfaces. The relevant points are different for the upper and the lower jaw. When fitting the occlusal surface to the lower jaw, the cusp tips and the lateral edges of the anteriors are used. For the upper jaw in the molar region the marginal ridges are made use of, in the region of the centrals the incisal edges, which are offset vertically so that the actual contact point of the centrals is shifted by a certain amount in vertical direction.” [Par 16-17] “1. obtain (a) a three-dimensional virtual model of a patient in malocclusion or any mid-treatment stage, and (b) tooth-features; and deriving there from; 2. derive (a) a global reference system, (b) Curve of Wilson (optional), molar torque, and (c) relations of upper and lower jaw;” [Par 216] “FIG. 11 shows the result of aligning the teeth to the occlusal surface of FIG. 9. All buccal cusp tips and incisal edges now reside within the occlusal plane.”) ([Par 218] “For this case the molars of the maxilla are automatically adjusted by the alignment to the occlusal surface that their central grooves (represented by the transition line between the marginal ridges) reside at the heights of the molar buccal cusp tips of the mandible.”)
The combination of Fisker and Imgrund does not explicitly teach identifying a pivot point for a posterior tooth as a midpoint; rotating the posterior tooth around a line perpendicular to the midpoint;
Chishti makes obvious identifying a pivot point for a posterior tooth as a midpoint; rotating the posterior tooth around a line perpendicular to the midpoint; ([Fig. 2A] Shows a midpoint of a posterior tooth, a centerline CL perpendicular to that point, and demonstrates rotating around that centerline [Page 31 line 3-11] “With reference to this centerline (CL), each tooth may be moved in orthogonal directions represented by axes 104, 106, and 108 (where 104 is the centerline). The centerline may be rotated about the axis 108 (root angulation) and the axis 104 (torque) as indicated by arrows 110 and 112, respectively. Additionally, the tooth may be rotated about the centerline, as represented by an arrow 114. Thus, all possible free-form motions of the tooth can be performed.”)
Chishti is analogous art because it is within the field of dental treatment modelling. It would have been obvious to one of ordinary skill in the art to combine Chishti with Fisker and Imgrund before the effective filing date. One of ordinary skill in the art would have been motivated to make this combination in order to treat patients more efficiently. Chishti notes how tedious and painful aspects of dental treatment can be, particularly the attachment of appliances ([Page 25 line 12-18] “The process of attaching the braces to teeth is tedious and painful. Additionally, each visit to the orthodontist is time consuming and expensive. The process is further complicated by uncertainties in determining a final arrangement for each tooth. Generally, the final tooth arrangement is determined by the treating orthodontist who writes a prescription. Traditionally, the prescription is based on the orthodontist's knowledge and expertise in selecting the intended final position of each tooth and without a precise calculation of forces being exerted on the teeth when they contact each other.”) To help alleviate this, Chishti presents a method that allows appliances to be more accurately designed, allowing attachment of these appliances to be a smoother, less painful process ([Page 42 line 17- Page 43 line 2] “FIG. 8 is a flow chart illustrating a second process for determining final position of the patient's teeth. The process of Fig. 8 identifies an ideal base model for the final position of the teeth that consists of an arch curve (step 450). This model can be selected from a suite of template models, derived from patients with ideal occlusion, or derived from patient under treatment (via the casts, X-rays, a prescription, or data about the patient from other sources). Next, the user of the software places and orients a marker on each tooth, through which the arch curve (or curves) is intended to pass (step 452). The curves can be designed so that they should pass through markers placed on the tooth's facial, lingual, or occlusal surface. Multiple arch curves can be used to make the specification of the final position more accurate. In step 454, the position and orientation of the teeth are adjusted so that the arch curve passes through the marker on each tooth and the teeth do not overlap. Optionally, the teeth can be made to contact each other in this step. Next, where the teeth have multiple markers, the position and orientation of the tooth is set so that the arch curves pass as closely as possible through all markers on each tooth (step 456). In another implementation, the markers can be automatically placed and oriented on each tooth.”) [Page 32 line 12-] “The final appliance or several appliances in the series may have a geometry or geometries selected to overcorrect the tooth arrangement, i.e. have a geometry which would (if fully achieved) move individual teeth beyond the tooth arrangement which has been selected as the “final”. Such overcorrection may be desirable in order to offset potential relapse after the repositioning method has been terminated, i.e. to permit some movement of individual teeth back toward their precorrected positions. Overcorrection may also be beneficial to speed up the rate of correction, i.e. by an appliance with a geometry that is positioned beyond a desired intermediate or final position, the individual teeth will be shifted toward the position at a greater speed. In such cases, the use of an appliance can be terminated before the teeth reach the positions defined by the appliance.”) Overall, one of ordinary skill in the art would have recognized that combining Chishti with Fisker and Imgrund would result in appliances being easier and less painful to install in a patient’s mouth.
Claim 7. Imgrund teaches further comprising torqueing the posterior tooth using at least one of buccal cusp datums and distal cusp datums to cause a cusp of the posterior tooth to be parallel to the occlusal plane. ([Par 201-203] “The occlusal surface is an object that serves to vertically align the teeth. It must be designed in a way that allows for contacting virtual teeth or other objects at one or more relevant surface points to this object. The relevant tooth points are here the points set off by the tooth feature marks. … For the mandible the buccal cusp tips of the molars are used… Different geometrical forms may characterize the occlusal surface. A level plane, a cylindrical plane, an elliptically formed plane or similar would be possible.” [Par 216] “FIG. 11 shows the result of aligning the teeth to the occlusal surface of FIG. 9. All buccal cusp tips and incisal edges now reside within the occlusal plane. To achieve these final positions, a vertical shift and if required an angulation of the teeth are performed. Specifically, FIG. 11 shows aligning the teeth of the mandible on the occlual surface 160. The front teeth 162 contact the occlusal plane 160 with the lateral edges by angulation and vertical shift. The teeth with two buccal cusp tips contact the occlusal surface 160 by angulation and vertical shift.” [Fig. 11] Shows the result of rotating and moving the teeth so that the buccal cusps contact the occlusal plane
Claim 8. Imgrund teaches further comprising tipping the posterior tooth in at least one direction of mesially and distally using the 2 marginal ridge datums for the posterior tooth. ([Par 218] “For this case the molars of the maxilla are automatically adjusted by the alignment to the occlusal surface that their central grooves (represented by the transition line between the marginal ridges) reside at the heights of the molar buccal cusp tips of the mandible.” [Par 217] “FIG. 12 illustrates the result of aligning the maxillary teeth of FIG. 10 to the maxillary occlusal surface. Different from the alignment procedure for the mandible, here the molar marginal ridges are contacted to the occlusal surface by vertical shift and angulation. For the canines and the centrals the cusp tips and incisal edges are used respectively, such as for the mandible. The teeth are just vertically shifted above the occlusal surface after alignment by an offset specified for each tooth. In order to align the teeth of maxilla on the occlusal surface, vertical offset 170 is applied between the lateral edges and the occlusal surface. The marginal ridges of the molar 172 contact the occlusal surface by angulation and vertical shift of the teeth.” [Fig. 18] Shows the rotation of a molar (i.e. a posterior tooth) in the mesial direction (i.e. towards the front of the mouth))
(5) Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Fisker (US 20180098829 A1) in view of Imgrund (US 20100223034 A1) in further view of Raslambekov (US 11278377 B1)
Claim 12. Imgrund teaches wherein adjusting, by the computer system, positioning of the tooth to resolve interproximal (IP) contacts comprises: ([Par 262-267] “For the alignment of the teeth on the arch form spline, a fixed tooth is presupposed. This fixed tooth is aligned on the arch form spline by the anchor mechanism. This could be e.g. an incisor, whose position on the spline is dictated by the middle position of the front. But it could also be any other optional object, e.g. a middle plain. Besides this fixed tooth (object) the neighbour tooth is preinstalled in a certain mesiodistal distance. This neighbour tooth can be considered as mobile. In this position the horizontal distance (in the x-y-plain of the global system) of the mobile tooth to the fixed tooth is investigated. The anchor of the mobile tooth is now moved by the amount of the investigated distance along the arch form spline. Thia is of course to do with respect to the direction of distance and in case of a given interproximal distance, this have to be considered also. Now again the distance to the fixed object is calculated and the anchor point of the mobile tooth is corrected accordingly like before. This procedure will be repeated until the interproximal distance, which has to be abided by, is as precise as desired.” [Par 352] “…Adjustment of possibly created interproximal gaps or intersections in the front by the equal distribution of all created gaps or intersections on the individual interproximal space between the teeth on the left and the right half of the jaw.”) for each tooth, ([Par 256] “Every virtual tooth is assorted with a virtual anchor. This anchor is arithmetically realized by a tripod of unit vectors and allows the anchoring of a tooth in the arch form spline.” [Par 217] “The teeth are just vertically shifted above the occlusal surface after alignment by an offset specified for each tooth.”) ([Par 256] “Every virtual tooth is assorted with a virtual anchor. This anchor is arithmetically realized by a tripod of unit vectors and allows the anchoring of a tooth in the arch form spline.” [Par 217] “The teeth are just vertically shifted above the occlusal surface after alignment by an offset specified for each tooth.”) ([Par 148] “ The facial midline 78 runs through the incisive contact point of the jaw centrals.” [Par 270] “For this, either all the teeth of a jaw or a certain selection of teeth can be used.” [Par 205] “For the upper jaw in the molar region the marginal ridges are made use of, in the region of the centrals the incisal edges, which are offset vertically so that the actual contact point of the centrals is shifted by a certain amount in vertical direction.”) moving the tooth along the vector([Par 262-265] “For the alignment of the teeth on the arch form spline, a fixed tooth is presupposed. This fixed tooth is aligned on the arch form spline by the anchor mechanism. This could be e.g. an incisor, whose position on the spline is dictated by the middle position of the front. But it could also be any other optional object, e.g. a middle plain. Besides this fixed tooth (object) the neighbour tooth is preinstalled in a certain mesiodistal distance. This neighbour tooth can be considered as mobile. In this position the horizontal distance (in the x-y-plain of the global system) of the mobile tooth to the fixed tooth is investigated. The anchor of the mobile tooth is now moved by the amount of the investigated distance along the arch form spline. Thia is of course to do with respect to the direction of distance and in case of a given interproximal distance, this have to be considered also.” [Par 268] “IG. 20 shows an example for the aligning of the teeth of a mandible on the arch form spline 340. All the significant points (buccal cusp tips and incisal edges) 342 are arranged on the arch form spline without a vertical movement and an angulation of the teeth. The remaining operations which were applied to the teeth are buccolingual and labiolingual movements and rotations around the vertical tooth axes. The teeth are contacted without interproximal distances in this case.” [Par 256] “Every virtual tooth is assorted with a virtual anchor. This anchor is arithmetically realized by a tripod of unit vectors and allows the anchoring of a tooth in the arch form spline. The procedure takes place as follows: the centre of the tripod comes to rest on the arch form spline and one of the vectors of the points into vertical direction. A second vector of the tripod synchronizes with the tangent vector on the arch form spline in the centre of the tripod. This enables the user to move a virtual tooth easily along the arch form spline so that the cusp tips of the tooth follow the shape of the arch form spline during the movement.”)
The combination of Fisker and Imgrund does not explicitly teach generating a bounding box for teeth; identifying a center point of the tooth as a center point in the bounding box; identifying a vector between center points of the teeth; selecting a tooth; the vector between the tooth and the adjacent tooth
Raslambekov makes obvious generating a bounding box for teeth; ([Col 6 line 24-28] “FIG. 6 illustrates another 3D digital model representing the first tooth and the second tooth being represented as axis-aligned bounding box (AABB), in accordance with various non-limiting embodiments of the present technology;” [Col 16 line 4-11] “In certain non-limiting embodiments, the imaging device 230 or the processor 202 may be configured to generate the first bounding box 564 around the first tooth 502 and the second bounding box 568 around the second tooth 504. In certain embodiments the first bounding box 564 and the second bounding box 568 may be generated based on the 3D digital model 500”)
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identifying a center point of the tooth as a center point in the bounding box; identifying a vector between center points of the teeth; selecting a tooth; the vector between the tooth and the adjacent tooth ([Col 14 line 21-25] “The method 400 commences at step 402, where the processor 202 associated with the computer system 110 obtains the 3D digital model of at least two adjacent teeth, such as two adjacent teeth of the lower arch form 302 of FIG. 2.” [Col 20 line 55-59] “To do so, for a given pair of teeth, the processor 202 may be configured to convert the coordinate system from original 3D Cartesian to 2D Cartesian UVD, where D axis is parallel to the vector connecting a center of the first tooth 502 and the second tooth 504.”)
Raslambekov is analogous art because it is within the field of digital dentistry and dental treatment design. It would have been obvious to one of ordinary skill in the art to combine Fisker and Imgrund with Raslambekov before the effective filing date. One of ordinary skill in the art would have been motivated to make this combination in order to better resolve interproximal contact issues, particularly in cases where existing dentition is required to interact with the dentures. Raslambekov notes how typical methods to properly establish interproximal distances between teeth can require the removal of surface enamel, which physically changes the surface structure of those teeth, a fact that previous systems have struggled to deal with ([Col 1 line 12- 30] “In the field of orthodontic treatment, an orthodontic practitioner may need to physically remove enamel from tooth surface(s) of adjacent teeth as part of an orthodontic treatment, such as to avoid collisions between the teeth during orthodontic treatment, correct crowding, or reshape the contact area between the adjacent teeth. This is known as Interproximal Reduction (IPR). The IPR may be needed in one or more steps of the orthodontic treatment. Teeth which have had enamel removed therefrom through IPR will have altered external surfaces. Digitally modelling the altered external surfaces of the teeth may be useful in planning subsequent steps of the orthodontic treatment, or for providing assistance to the orthodontic practitioner in executing the IPR. Therefore, there is a need to model such a process and more specifically to recreate tooth geometries of the adjacent teeth in a tooth model after the IPR. Thus, there is an interest in developing an efficient process of determining and performing digital teeth separation.”) To this end, Raslambekov presents a system that more accurately models the required dental operations when enamel must be removed ([Col 2 line 31- Col 3 line 4] “Systems and/or methods for performing digital separation may be beneficial when planning an orthodontic treatment for the patient, using for example automated or semi-automated orthodontic treatment planners. Also, systems and/or methods for performing digital separation may provide an extra degree of freedom to the orthodontic practitioner to physically remove enamel from tooth surface(s) of adjacent teeth in order to physically separate the adjacent teeth. As such, the orthodontic practitioner may utilize the 3D digital model to analyze the amount of separation between the two adjacent teeth and if required, the orthodontic practitioner may alter the 3D digital model by changing various parameters, such as in an interactive user interface. In certain embodiments, modelling the digital separation including the altered external surfaces of the two adjacent teeth may assist in accurately determining required movements of the teeth to desired positions whilst avoiding collisions and changes to the bite. In certain embodiments, modelling the digital separation including the altered external surfaces of the two adjacent may assist in determining correct placement of orthodontic appliances relative to the altered external surfaces of the teeth after the physical IPR. In certain embodiments, modelling the digital separation including the altered external surfaces of the two adjacent may also be useful in validating the given IPR process as part of the orthodontic treatment plan, or for assisting the orthodontic practitioner plan and execute the IPR, such as by locating the correct region on the adjacent teeth from which to remove the enamel.
In addition to the benefits to the orthodontic practitioner, the systems and/or methods for performing digital separation may improve a computation efficiency of the computational resources. By way of an example, in order to generate the separation plane, systems and/or methods may rely on various computationally efficient techniques and thereby improving the performance of the computational resources. More specifically, in certain embodiments, reducing a number of vertices for analysis can speed up generation of the separation plane.”) Overall, one of ordinary skill in the art would have recognized that combining the Fisker and Imgrund with Raslambekov would enable more accurate treatment planning and tooth placement, particularly in cases where the teeth of the dentures are adjacent to and must be fit with existing original teeth.
Claim 13. Imgrund teaches further comprising: iteratively adjusting([Par 260-268] “By using the mechanism of the tooth anchor it is now possible to align the teeth of the pre-set-up along the arch form spline with a possibly desired interproximal distance. The virtual teeth can be shaped as voluminous compounds or boundaries. Principally every arithmetical representation is imaginable, as long as it allows the definition of the distance between two such objects. In this case a boundary representation is used.
For the alignment of the teeth on the arch form spline, a fixed tooth is presupposed. This fixed tooth is aligned on the arch form spline by the anchor mechanism. This could be e.g. an incisor, whose position on the spline is dictated by the middle position of the front. But it could also be any other optional object, e.g. a middle plain. Besides this fixed tooth (object) the neighbour tooth is preinstalled in a certain mesiodistal distance. This neighbour tooth can be considered as mobile. In this position the horizontal distance (in the x-y-plain of the global system) of the mobile tooth to the fixed tooth is investigated. The anchor of the mobile tooth is now moved by the amount of the investigated distance along the arch form spline. Thia is of course to do with respect to the direction of distance and in case of a given interproximal distance, this have to be considered also. Now again the distance to the fixed object is calculated and the anchor point of the mobile tooth is corrected accordingly like before. This procedure will be repeated until the interproximal distance, which has to be abided by, is as precise as desired. FIG. 20 shows an example for the aligning of the teeth of a mandible on the arch form spline 340. All the significant points (buccal cusp tips and incisal edges) 342 are arranged on the arch form spline without a vertical movement and an angulation of the teeth. The remaining operations which were applied to the teeth are buccolingual and labiolingual movements and rotations around the vertical tooth axes.”)
Raslambekov makes obvious the vector between sets of adjacent teeth; the respective vector ([Col 14 line 21-25] “The method 400 commences at step 402, where the processor 202 associated with the computer system 110 obtains the 3D digital model of at least two adjacent teeth, such as two adjacent teeth of the lower arch form 302 of FIG. 2.” [Col 20 line 55-59] “To do so, for a given pair of teeth, the processor 202 may be configured to convert the coordinate system from original 3D Cartesian to 2D Cartesian UVD, where D axis is parallel to the vector connecting a center of the first tooth 502 and the second tooth 504.”)
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Claim 14. Imgrund teaches further comprising: selecting a second tooth at a second defined position, the second defined position being a side of the midline that is opposite the defined position of the tooth; ([Par 148] “ The facial midline 78 runs through the incisive contact point of the jaw centrals.” [Par 270] “For this, either all the teeth of a jaw or a certain selection of teeth can be used.” [Par 205] “For the upper jaw in the molar region the marginal ridges are made use of, in the region of the centrals the incisal edges, which are offset vertically so that the actual contact point of the centrals is shifted by a certain amount in vertical direction.” [Examiner’s note: choosing both centrals for movement means selecting first and second teeth on opposite sides of the midline]) and iteratively moving teeth adjacent the second tooth until a last tooth on the side of the midline that is opposite the defined position of the tooth is moved. ([Par 262-265] “For the alignment of the teeth on the arch form spline, a fixed tooth is presupposed. This fixed tooth is aligned on the arch form spline by the anchor mechanism. This could be e.g. an incisor, whose position on the spline is dictated by the middle position of the front. But it could also be any other optional object, e.g. a middle plain. Besides this fixed tooth (object) the neighbour tooth is preinstalled in a certain mesiodistal distance. This neighbour tooth can be considered as mobile. In this position the horizontal distance (in the x-y-plain of the global system) of the mobile tooth to the fixed tooth is investigated. The anchor of the mobile tooth is now moved by the amount of the investigated distance along the arch form spline. Thia is of course to do with respect to the direction of distance and in case of a given interproximal distance, this have to be considered also.” [Par 268] “IG. 20 shows an example for the aligning of the teeth of a mandible on the arch form spline 340. All the significant points (buccal cusp tips and incisal edges) 342 are arranged on the arch form spline without a vertical movement and an angulation of the teeth. The remaining operations which were applied to the teeth are buccolingual and labiolingual movements and rotations around the vertical tooth axes. The teeth are contacted without interproximal distances in this case.” [Par 256] “Every virtual tooth is assorted with a virtual anchor. This anchor is arithmetically realized by a tripod of unit vectors and allows the anchoring of a tooth in the arch form spline. The procedure takes place as follows: the centre of the tripod comes to rest on the arch form spline and one of the vectors of the points into vertical direction. A second vector of the tripod synchronizes with the tangent vector on the arch form spline in the centre of the tripod. This enables the user to move a virtual tooth easily along the arch form spline so that the cusp tips of the tooth follow the shape of the arch form spline during the movement.”)
(6) Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Fisker (US 20180098829 A1) in view of Imgrund (US 20100223034 A1) in further view of Jula (US 20150100280 A1)
Claim 18. Fisker teaches further comprising: receiving, by the computer system, patient tooth data, wherein the patient tooth data comprises at least one image of teeth of the patient;([Par 324] “The digital 3D representation of the patient's gums can be obtained by directly scanning the patient's gums using an intra-oral scanner or by scanning an impression or a physical model of the gums. The intra-oral scanner may be configured for utilizing focus scanning, where the digital 3D representation of the scanned teeth is reconstructed from in-focus images acquired at different focus depths, such as the TRIOS intra-oral scanner from 3Shape TRIOS A/S… From the in-focus positions, the digital 3D representation of the set of teeth can be derived.”) ([Par 10] “Disclosed is a non-transitory computer readable medium storing thereon a computer program, where said computer program is configured for causing computer-assisted modeling a digital design of a denture for a patient, said denture comprising a gingival part and a teeth part comprising a set of denture teeth, where the modeling comprises: obtaining a digital 3D representation of the patient's gum, obtaining virtual teeth models corresponding to the denture teeth, virtually arranging the virtual teeth models in relation to the digital 3D representation of the patient's gum, and generating a virtual outer gingival surface of the gingival part of the denture.”) ([Par 10] “… where said computer program is configured for causing computer-assisted modeling a digital design of a denture for a patient, said denture comprising a gingival part and a teeth part comprising a set of denture teeth…”) comprises overlaying teeth ([Par 10] “… where said computer program is configured for causing computer-assisted modeling a digital design of a denture for a patient, said denture comprising a gingival part and a teeth part comprising a set of denture teeth…” [Par 337-338] “In step 105, virtual teeth models and the digital 3D representation of the patient's gums are combined, e.g. by overlaying the virtual teeth models on the digital 3D representation of the patient's gums, such that the virtual teeth models are arranged relative to the digital 3D representation of the patient's gums. The denture teeth can be prefabricated teeth such as the Vita T3M teeth and the corresponding virtual teeth models are stored in a memory unit of a computer system in which the method is implemented. The arrangement of the virtual teeth models relative to the digital 3D representation of the patient's gums and the arrangement of the virtual teeth models relative to each other can be modified to obtain an aesthetic appearance and a correct occlusion of the teeth in the later manufactured denture. The modification can be performed manually or automatically using computer implemented algorithms based on e.g. a virtual dynamical articulation and/or a visualization of the virtual teeth models together with an image of the patient's face.” [Par 252] “Some of the patient's original teeth may be present in the digital 3D representation of the patient's gums, and in some cases these teeth are so healthy that they preferably should be preserved.”)
The combination of Fisker and Imgrund does not explicitly teach selecting, by the computer system and from a data store, a candidate tooth library from amongst a plurality of static tooth libraries based at least in part on the patient tooth data; and generating, by the computer system, the dental treatment model based on the patient tooth data and the candidate tooth library, wherein generating the dental treatment model comprises use of the candidate tooth library.
Jula teaches selecting, by the computer system and from a data store, a candidate tooth library from amongst a plurality of static tooth libraries based at least in part on the patient tooth data; and generating, by the computer system, the dental treatment model based on the patient tooth data and the candidate tooth library, wherein generating the dental treatment model comprises use of the candidate tooth library. ([Par 35-38] “ If the lab sends digital scans to the service provider for processing (i.e., category 2): (a) a technical support associate remotely connects to the dental lab's scanning system and uploads data specific to the milling provider into the scanning system; (b) a specific tooth library is selected with the lab, based on the lab's preferences, and the library is stored within a set of design parameters for the lab; (c) trial digital designs are produced based on scans submitted by the dental lab and using the set of stored design parameters, and the designs are evaluated;” [Par 10] “A previously stored set of design parameter is retrieved 106, the set of design parameters being specific to the dental lab. The set of design parameters comprises at least one design parameter. The at least one design parameter is a library selection. Dental labs may prefer and/or otherwise utilize certain anatomical libraries. Anatomical libraries may be digital libraries of CAD designs for teeth, the designs having different appearances. The libraries may be provided by the dental lab, the miller, restoration material manufacturers, or other third-party entities. More than one library may be utilized by the dental lab and may be included in the set of design parameters.”)
Jula is analogous art because it is within the field of digital dentistry and dental treatment design. It would have been obvious to one of ordinary skill in the art to combine Jula with Fisker and Imgrund before the effective filing date. One of ordinary skill in the art would have been motivated to make this combination in order to make the process of dental treatment development faster, easier, and less expensive. Jula notes the large cost, both in time and money, of traditional dental treatment development, this cost being largely a result of the many processes that require manual interaction by specialists ([Par 2] “Dental restorations for patients, for example, crowns, are commonly ordered by dentists from dental labs. Many dental labs outsource the fabrication of dental restorations to milling specialists. Traditional milling providers produce dental restorations that are specific to the fabrication process of the mill For example, a restoration ordered by a dental lab may be fabricated using design parameters which follow from the milling equipment, software design tools, worker skill, of the mill. The ordering dental lab subsequently customizes the dental restoration to suit the needs and the desired aesthetic of the lab technician. This customization is a manual process performed by the technician and requires time and effort and results in higher overall costs for creating a finished restoration.”) To this end, Jula presents a method for automating a number of the tedious manual tasks of dental treatment design without requiring significant manual finishing work to fit the requirements of a particular dental lab ([Par 3] “The present disclosure provides a method for fabricating dental restorations that require little to no subsequent customization by a dental lab. The method advantageously incorporates one or more custom design parameters into the computer-aided design (CAD) process, and thereby automates the production of unique restorations that meet the technical and artistic requirements of the ordering dental lab.”) Overall, one of ordinary skill in the art would have recognized that combining Jula with Fisker and Imgrund would result in a system that was easier and more efficient to use and made collaboration with particular dental labs or manufactures significantly simpler.
Allowable Subject Matter
Additionally, Claim 17 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims in a way that overcomes the previously outlined rejection under 35 U.S.C. 101.
Claim 17 would be allowed under 35 U.S.C. 103 over prior art. The following is a statement of reasons for the indication of allowable subject matter: prior art representative of the claim, in particular the use of a buccal vector perpendicular to a center point between 3 adjacent teeth to adjust tooth positions within a predetermined threshold distance of another tooth and reducing the distance specifically by half if the distance is not within the predetermined threshold distance could not be found.
Conclusion
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/M.P.M./ Examiner, Art Unit 2187
/EMERSON C PUENTE/ Supervisory Patent Examiner, Art Unit 2187
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