Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/17/2026 has been entered.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e) as follows:
The provisional application (63418422) does not disclose a dental appliance causing an improper fit with a natural tooth (independent claims 1, 15 and 19). The application only discloses that a patient’s dental appliance does not fit in Paragraph [0004], but does not specify where the lack of fit is occurring.
Further, the provisional application does not disclose “a physical characteristic” as causing an improper fit, the first digital dental appliance model including this physical characteristic (independent claims 1, 15 and 19), or modifying a size of this first physical characteristic (independent claims 15 and 19). The application only discloses that an ideal fit between models as hard to achieve (refer to Paragraph [0005]). And adjusting the dental model outline or an internal hole of the dental model (refer to Paragraph [0004]).
For the purpose of examination, the priority date for claims 1, and 3-20 is 10/23/2023.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
The specification does not disclose a dental appliance causing an improper fit with a natural tooth (independent claims 1, 15 and 19). The application discloses that a patient’s dental appliance does not fit with a patient’s teeth (refer to Paragraph [0032]), but does not disclose the teeth as being natural. For examination purposes, Examiner understands a “natural tooth” as any tooth formed by the natural development of the body, consistent with the definition from Law Insider.
Further, the specification does not disclose “a physical characteristic” as causing an improper fit, the first digital dental appliance model including this physical characteristic (independent claims 1, 15 and 19), or modifying a size of this first physical characteristic (independent claims 15 and 19). The specification only discloses modifying a size of the dental appliance model and a design feature (refer to Paragraphs [0011], [0013]-[0014]). For examination purposes, Examiner understands “physical characteristic” as any part or feature of the appliance.
Claim Objections
Claims 3-14 and 16-20 are objected to because of the following informalities:
Claims 3-14 and 16-20, the first line(s) is/are missing commas after, “The method of claim…”.
Appropriate correction is required.
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.
Claim(s) 1, 3-8, and 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kukk et al. (US 20230325558 A1), herein referred to as Kukk, in view of Martin et al. (US 20210339475 A1), herein referred to as Martin.
Regarding claim 1, Kukk discloses a method of adjusting a dental appliance (Fig. 4) comprising:
determining if a first physical characteristic of a first dental appliance is causing an improper fit of the first dental appliance with at least one natural tooth of a patient and therefore requires correction (refer to Paragraphs [0083], [0088]; Examiner understands a “natural tooth” as any tooth formed by the natural development of the body, consistent with the definition from Law Insider; further, Examiner understands “physical characteristic” as any part or feature of the appliance; a dental professional determines that an aligner that has already been made does not fit the patient’s teeth properly, running a “Fit Issue Tool” for determining the discrepancies (physical characteristics) of the poorly fitting aligner to modify the treatment plan in response);
in response to a determination that the first physical characteristic is causing the improper fit of the first dental appliance with the at least one natural tooth of the patient and therefore requires correction (refer to Paragraph [0083], [0088]), then correcting the first physical characteristic (refer to Paragraph [0088]; the treatment plan is modified in response to determining the root cause of the improper fit) by:
by one or more computer systems (refer to Paragraph [0100]; the methods are executed by a processor such as a computer), receiving a first digital dental appliance model corresponding to the first dental appliance, the first digital dental appliance model including a first digital representation of the first physical characteristic (401+407; refer to Paragraphs [0041], [0084]; a first dentition model, used as a basis to manufacture the aligner is received for a comparison dentition model; the comparison dentition model indicates the discrepancies on the first dentition model causing a poor fit of the appliance); and
modifying the first digital dental appliance model (refer to Paragraphs [0008], [0010], [0088]; the specific subset of features that cause a poor fit are modified to generate a modified treatment plan, where the poor fitting aligner of the treatment plan is represented by the first dentition model);
by one or more computer systems, storing the modified digital dental appliance model as a second digital dental appliance model (refer to Paragraph [0013], [0030]; in order to fabricate or print a modified treatment plan model, the model has to be stored in a form of memory); and
using a manufacturing system and the modified treatment plan to manufacture the second digital dental appliance model (refer to Paragraph [0013], [0030]; the modified treatment plan models are manufactured).
Kukk does not disclose by one or more computer systems, turning off and/or turning on one or more pixels at a first side of the first digital dental appliance model to modify a size of the first digital dental appliance model.
Martin discloses a method of dimensional compensation for 3D modeling in the analogous art of digital 3D modeling (refer to Paragraph [0013]). The method includes a step of turning off and/or turning on one or more pixels at a first side of the first digital model to modify a size of the first digital model by one or more computer systems (refer to Paragraphs [0023], [0024]; an offset factor specifies the number of three dimensional pixels to add or remove from a surface of the object in the direction of a given axis; the axis of addition or removal equates to a side of the digital model). This method allows the user to account for dimensional shrinkage or expansion prior to fabrication (refer to Paragraph [0022]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of modifying the first digital dental appliance as taught by Kukk with the method of turning off and/or turning on one or more pixels as taught by Martin in order to allow the user to account for dimensional shrinkage or expansion prior to fabrication (refer to Paragraph [0022]).
Kukk is also silent to using an additive manufacturing system and the second digital dental appliance model to manufacture a second dental appliance.
Martin further discloses using additive manufacturing to generate 3D objects (refer to Paragraph [0008]). Kukk also discloses representing the dentition models as digital 3D models (refer to Paragraph [0084]). Thus, Martin demonstrates additive manufacturing as a known method for fabricating 3D objects.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of fabrication as taught by Kukk with additive manufacturing as taught by Martin, as this is a known method of fabricating 3D objects.
2. (Cancelled)
Regarding claim 3, Kukk and Martin disclose the method of claim 1, wherein the turning off and/or turning on one or more pixels at a first side of the first digital dental appliance model includes turning off and/or turning on one or more pixels at a most outer outline of the first digital dental appliance model (refer to the modification for claim 1 above, Kukk is modified by Martin to apply offset compensation to the first digital dental appliance model; Paragraph [0023] of Martin describes adding/removing pixels to the surface or outer outline of the model).
Regarding claims 4 and 6, Kukk and Martin disclose the method of claim 3, wherein the turning off one or more pixels at the most outer outline of the first digital dental appliance model results in a reduction in a size of the first digital dental appliance model, and the turning on one or more pixels at the most outer outline of the first digital dental appliance model results in an increase in a size of the first digital dental appliance model (refer to the modification for claim 1 above, Kukk is modified by Martin to apply offset compensation to the first digital dental appliance model; Paragraph [0023] of Martin describes removing three-dimensional pixels from the surface, eroding the surface of the object or adding three-dimensional pixels to the surface, dilating the surface).
Regarding claims 5 and 7, Kukk and Martin disclose the method(s) of claims 3 and 6; Kukk is silent to wherein the reduction or increase in the size of the first digital dental appliance model is distributed proportionally across an entirety of the digital dental appliance model.
Martin further discloses a global dimensional compensation factor, where the scaling factors in all three dimensions are equal, thus producing a proportional reduction or addition in size of the model (refer to Paragraphs [0023], [0026]). This allows for simple offsetting of the entire 3D object.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have further modified the method of modifying the first digital dental appliance model as taught by Kukk with proportional reduction or increase in size as taught by Martin in order to easily offset the entire 3D object.
Regarding claim 8, Kukk and Martin disclose the method of claim 1; Kukk discloses modifying a design feature within the first digital dental appliance model (refer to Paragraphs [0008], [0088]; the user quickly modifies the subset of features causing a poor fit).
Kukk is silent to modifying the design feature by turning off and/or turning on one or more pixels at an outline of a design feature within the first digital dental appliance model.
Martin further discloses adjusting only parts of the modeled object, turning off and/or turning on one or more pixels at an outline of this part (refer to Paragraphs [0022]- [0023]; a dimensional compensation is applied to parts of the object, where the dimensional compensation/offset factor states how much to add or remove to or from the surface of this part of the object; the surface is equivalent to the outline). This allows the user to compensate for only the affected parts of the object (refer to Paragraph [0022]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have further modified the method of modifying the first digital dental appliance model as taught by Kukk with turning off and/or turning on one or more pixels at an outline of a design feature as taught by Martin in order to compensate for only the affected parts of the object (refer to Paragraph [0022]).
Regarding claim 11, Kukk and Martin disclose the method of claim 1; Kukk discloses a first digital element of the first digital dental appliance model (refer to Paragraph [0087]; Examiner understands a “digital element” as any element that affects the size of a part or the entirety of the digital appliance model, consistent with Paragraph [0049] of the specification; each dimension described by the tooth shape is a digital element; Kukk specifically discloses the width of the tooth as an example).
Kukk is silent to prior to turning off and/or turning on one or more pixels at a first side of the first digital dental appliance model to modify a size of the first digital dental appliance model, locking a first digital element of the first digital dental appliance model to create a first locked digital element; wherein the first locked digital element of the first digital dental appliance is [[not]] unaffected by the turning off and/or turning on of the one or more pixels.
Martin further discloses locking a first digital element of the first digital model to create a first locked digital element, wherein the first locked digital element of the first digital dental model is [[not]] unaffected by the turning off and/or turning on of the one or more pixels (refer to Paragraphs [0023]-[0024]; Examiner understands a “digital element” as any element that affects the size of a part or the entirety of the digital appliance model, consistent with Paragraph [0049] of the specification; the dimensional offset factor(s) of a part of the digital appliance model, equate to digital elements, as their values affect the enlarging or eroding of parts of the object model; an offset factor can be set to zero, indicating a dimension, or digital element, is locked at its current value, not to be eroded or enlarged). This allows for variable scaling for shrinkage and expansion (refer to Paragraph [0022]). Kukk further discloses when the original tooth dentition model tooth shape is wider than the patient’s actual teeth, the discrepancy is low risk, meaning it likely is not contributing to the improper fit of the aligner (refer to Paragraph [0087]); thus it would be beneficial to lock the tooth width dimension, while allowing for variable scaling of other dimensions of the tooth shape.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have further modified the method of modifying the first digital dental appliance model as taught by Kukk with locking a first digital element as taught by Martin for variable scaling for shrinkage and expansion (refer to Paragraph [0022]).
Regarding claim 12, Kukk and Martin disclose the method of claim 11; Kukk discloses wherein the first digital element includes a digital representation of a tooth recess or of a surgical guide hole (refer to Paragraphs [0065], [0084], [0087]; the tooth shape, including the width, of the first dentition model corresponds to the geometry of the tooth receiving cavity of the dental aligner and is thus a digital representation of a tooth recess).
Regarding claims 13 and 14, Kukk and Martin disclose the method(s) of claims 4 and 6, wherein the reduction in the size of the first digital dental appliance model is not distributed proportionally across an entirety of the digital dental appliance model, and the increase in the size of the first digital dental appliance model is not distributed proportionally across an entirety of the digital dental appliance model (refer to the modification for claim 1 above, Kukk is modified by Martin to apply offset compensation to the first digital dental appliance model based on the offset factor for a given dimension; Paragraph [0023] of Martin describes adding/removing three-dimensional pixels disproportionally by assigning an offset factor to some dimensions, and a value of zero to others).
Regarding claim 15, Kukk discloses a method of adjusting a dental appliance (Fig. 4) comprising:
determining if a first physical characteristic of a first dental appliance is causing an improper fit of the first dental appliance with at least one natural tooth of a patient and therefore requires correction (refer to Paragraphs [0083], [0087]-[0088]; Examiner understands a “natural tooth” as any tooth formed by the natural development of the body, consistent with the definition from Law Insider; further, Examiner understands “physical characteristic” as any part or feature of the appliance; a dental professional determines that an aligner that has already been made does not fit the patient’s teeth properly, running a “Fit Issue Tool” for determining the discrepancies (physical characteristics) of the poorly fitting aligner to modify the treatment plan in response; one such discrepancy is the tooth shape);
in response to a determination that the first physical characteristic is causing the improper fit of the first dental appliance with the at least one natural tooth of the patient and therefore requires correction (refer to Paragraph [0083], [0088]), then correcting the first physical characteristic (refer to Paragraphs [0087]-[0088]; the treatment plan is modified in response to determining the discrepancy causing the improper fit, such as a tooth shape discrepancy) by:
by one or more computer systems (refer to Paragraph [0100]; the methods are executed by a processor such as a computer), receiving a first digital dental appliance model corresponding to the first dental appliance, the first digital dental appliance model including a first digital representation of the first physical characteristic (401+407; refer to Paragraphs [0041], [0084], [0087], Fig. 7; a first dentition model, used as a basis to manufacture the aligner is received for a comparison dentition model; the comparison dentition model indicates the discrepancies on the first dentition model causing a poor fit of the appliance, such as tooth shape); and
modifying the first digital representation of the first physical characteristic within the first digital dental appliance model (refer to Paragraphs [0008], [0010], [0087]-[0088]; the specific subset of features causing discrepancies that cause a poor fit, such as tooth shape, are modified to generate a modified treatment plan, where the poor fitting aligner is represented by the first dentition model);
by one or more computer systems, storing the modified digital dental appliance model as a second digital dental appliance model (refer to Paragraph [0013], [0030]; in order to fabricate or print a modified treatment plan model, the model has to be stored in a form of memory); and
using a manufacturing system and the modified treatment plan to manufacture a second digital dental appliance model (refer to Paragraph [0013], [0030]; the modified treatment plan models are manufactured).
Kukk does not disclose by one or more computer systems, turning off and/or turning on one or more pixels at a first side of the first digital representation of the first physical characteristic within the first digital dental appliance model to modify a size of the first digital representation of the first physical characteristic.
Martin discloses a method of dimensional compensation for 3D modeling in the analogous art of digital 3D modeling (refer to Paragraph [0013]). The method includes a step of by one or more computer systems of turning off and/or turning on one or more pixels at a first side of the first digital representation of the first physical characteristic within the first digital dental appliance model to modify a size of the first digital representation of the first physical characteristic (refer to Paragraphs [0022]-[0024]; a dimensional compensation is applied to parts (physical characteristic) of the object, where the dimensional compensation/offset factor states how much to add or remove to or from the surface of this part of the object; one of the orthogonal dimensions of addition or removal equates to a side of the digital model). This method allows the user to account for dimensional shrinkage or expansion of parts of the object prior to fabrication (refer to Paragraph [0022]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the step of modifying the first digital representation of the first physical characteristic within the first digital dental appliance model as taught by Kukk with the method of turning off and/or turning on one or more pixels at a first side to modify a size of the first digital representation of a part of the digital model as taught by Martin in order to allow the user to account for dimensional shrinkage or expansion of parts of the object prior to fabrication (refer to Paragraph [0022]).
Kukk is also silent to using an additive manufacturing system and the second digital dental appliance model to manufacture a second dental appliance.
Martin further discloses using additive manufacturing to generate 3D objects (refer to Paragraph [0008]). Kukk also discloses representing the dentition models as digital 3D models (refer to Paragraph [0084]). Thus, Martin demonstrates additive manufacturing as a known method for fabricating 3D objects.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of fabrication as taught by Kukk with additive manufacturing as taught by Martin, as this is a known method of fabricating 3D objects.
Regarding claim 16, Kukk and Martin disclose the method of claim 15; wherein the first physical characteristic includes a tooth recess or a surgical guide hole (refer to Paragraphs [0065], [0084], [0087]; the tooth shape of the first dentition model corresponds to the geometry of the tooth receiving cavity of the dental aligner and is thus equivalent to a tooth recess).
Regarding claim 17, Kukk and Martin disclose the method of claim 1 wherein the first physical characteristic of the first dental appliance is determined to cause the improper fit of the first dental appliance with the at least one natural tooth of the patient by at least physically applying the first dental appliance to the at least one natural tooth (refer to Paragraph [0083]; the patient or dental professional finds that the already made aligner does not fit properly as the aligner is too difficult to place on/remove from the teeth, or causing patient discomfort).
Regarding claim 18, Kukk and Martin disclose the method of claim 15 wherein the first physical characteristic of the first dental appliance is determined to cause the improper fit of the first dental appliance with the at least one natural tooth of the patient by at least physically applying the first dental appliance to the at least one natural tooth (refer to Paragraph [0083]; the patient or dental professional finds that the already made aligner does not fit properly as the aligner is too difficult to place on/remove from the teeth, or causing patient discomfort).
(New) Regarding claim 19, Kukk discloses a method of adjusting a dental appliance (Fig. 4) comprising:
determining, by at least physically applying a first dental appliance to at least one natural tooth of a patient (refer to Paragraph [0083]; the patient or dental professional finds that the already made aligner does not fit properly as the aligner is too difficult to place on/remove from the teeth, or causing patient discomfort), if a first physical characteristic of the first dental appliance is causing an improper fit of the first dental appliance with the patient and therefore requires correction (refer to Paragraphs [0083], [0087]-[0088]; Examiner understands a “natural tooth” as any tooth formed by the natural development of the body, consistent with the definition from Law Insider; further, Examiner understands “physical characteristic” as any part or feature of the appliance; a dental professional determines that an aligner that has already been made does not fit the patient’s teeth properly, running a “Fit Issue Tool” for determining the discrepancies (physical characteristics) of the poorly fitting aligner to modify the treatment plan in response; one such discrepancy is the tooth shape);
in response to a determination that the first physical characteristic is causing the improper fit of the first dental appliance with the patient and (refer to Paragraph [0083], [0088]), then correcting the first physical characteristic (refer to Paragraphs [0087]-[0088]; the treatment plan is modified in response to determining the high risk discrepancy causing the improper fit, such as a tooth shape discrepancy) by:
modifying the first digital representation of the first physical characteristic within the first digital dental appliance model (refer to Paragraphs [0008], [0010], [0087]-[0088]; the specific subset of features causing discrepancies that cause a poor fit, such as tooth shape, are modified to generate a modified treatment plan, where the poor fitting aligner is represented by the first dentition model);
by one or more computer systems, storing the modified digital dental appliance model as a second digital dental appliance model (refer to Paragraph [0013], [0030]; in order to fabricate or print a modified treatment plan model, the model has to be stored in a form of memory); and
using a manufacturing system and the modified treatment plan to manufacture a second digital dental appliance model (refer to Paragraph [0013], [0030]; the modified treatment plan models are manufactured).
Kukk does not disclose by one or more computer systems, turning off and/or turning on one or more pixels at a first side of the first digital representation of the first physical characteristic within the first digital dental appliance model to modify a size of the first digital representation of the first physical characteristic.
Martin discloses a method of dimensional compensation for 3D modeling in the analogous art of digital 3D modeling (refer to Paragraph [0013]). The method includes a step of by one or more computer systems of turning off and/or turning on one or more pixels at a first side of the first digital representation of the first physical characteristic within the first digital dental appliance model to modify a size of the first digital representation of the first physical characteristic (refer to Paragraphs [0022]-[0024]; a dimensional compensation is applied to parts (physical characteristic) of the object, where the dimensional compensation/offset factor states how much to add or remove to or from the surface of this part of the object; one of the orthogonal dimensions of addition or removal equates to a side of the digital model). This method allows the user to account for dimensional shrinkage or expansion of parts of the object prior to fabrication (refer to Paragraph [0022]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the step of modifying the first digital representation of the first physical characteristic within the first digital dental appliance model as taught by Kukk with the method of turning off and/or turning on one or more pixels at a first side to modify a size of the first digital representation of a part of the digital model as taught by Martin in order to allow the user to account for dimensional shrinkage or expansion of parts of the object prior to fabrication (refer to Paragraph [0022]).
Kukk is also silent to using an additive manufacturing system and the second digital dental appliance model to manufacture a second dental appliance.
Martin further discloses using additive manufacturing to generate 3D objects (refer to Paragraph [0008]). Kukk also discloses representing the dentition models as digital 3D models (refer to Paragraph [0084]). Thus, Martin demonstrates additive manufacturing as a known method for fabricating 3D objects.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of fabrication as taught by Kukk with additive manufacturing as taught by Martin, as this is a known method of fabricating 3D objects.
(New) Regarding claim 20, Kukk and Martin disclose the method of claim 19; wherein the first physical characteristic includes a tooth recess or a surgical guide hole (refer to Paragraphs [0065], [0084], [0087]; the tooth shape of the first dentition model corresponds to the geometry of the tooth receiving cavity of the dental aligner and is thus equivalent to a tooth recess).
Claim(s) 1, and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schnitzspan et al. (US 20160317260 A1), herein referred to as Schnitzspan, in view of Thompson et al. (US 20170215999 A1), herein referred to as Thompson.
Regarding claim 1, Thompson discloses a method of adjusting a dental appliance (Fig. 1; refer to Paragraphs [0031], [0035]; given the broadest reasonable interpretation in light of Applicant’s specification, Examiner understands a dental appliance as including any orthodontic or restorative device, including dentures; new dentures are created using an existing denture, thereby adjusting the model of the existing denture) comprising:
determining if a first physical characteristic of a first dental appliance is causing an improper fit of the first dental appliance with a patient and therefore requires correction (refer to Paragraph [0035]; the dentist notices the dentures are no longer properly fitting due to tooth or denture base wear, requiring changes to the digitized model);
in response to a determination that the first physical characteristic is causing the improper fit of the first dental appliance with the patient and therefore requires correction, then correcting the first physical characteristic (refer to Paragraph [0035]) by:
by one or more computer systems, receiving a first digital dental appliance model corresponding to the first dental appliance, the first digital dental appliance model including a first digital representation of the first physical characteristic (refer to Paragraph [0031], Figs. 4-5; a digital three dimensional model (40) created from the inside and outside of the existing denture (20) is created; as the entire denture (20) is modeled, the wear of the denture base and/or teeth is represented; as the model is digital, the method is performed by a computer) and
by one or more computer systems, turning off and/or turning on one or more pixels at a first side of the first digital dental appliance model to modify a size of the first digital dental appliance model (refer to Paragraph [0032], annotated Fig. 7 below; the pixels depicting the teeth are digitally subtracted or turned off on the occlusal side of the denture model (40), reducing/modifying the size of the denture model (40); the pixels depicting the teeth are turned on or digitally added as an offset, adding a thickness to the teeth on the occlusal side of the denture model (40));
by one or more computer systems, storing the modified digital dental appliance model as a second digital dental appliance model (refer to Paragraph [0038], Fig. 1; fabrication of the denture base from the digitized model (40) requires digitally storing the model prior to fabrication); and
using an additive manufacturing system and the second digital dental appliance model to manufacture a second dental appliance (refer to Paragraph [0038], Fig. 1; the denture base is directly fabricated from the digitized model (40) with the teeth subtracted; per ComputerLanguage.com, direct manufacturing is an equivalent term to additive manufacturing/3D printing).
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Thompson discloses where the dental appliance causes an improper fit of with the patient’s anatomy, but does not explicitly disclose causing an improper fit of the first dental appliance with at least one natural tooth of a patient.
Schnitzspan discloses a method of adjusting a dental appliance in the same field of endeavor (refer to Paragraph [0011], Fig. 1B; given the broadest reasonable interpretation in light of Applicant’s specification, Examiner understands a dental appliance as including any orthodontic or restorative device, including dentures). This method is disclosed as being used for partial dentures, where partial dentures are for patients missing only some of their teeth (refer to Paragraph [0004]). By definition a partial denture is a prosthetic replacement attached to the abutment natural teeth (ADA.org); thus, in modifying Thompson to be applicable to partial dentures, in the same fashion as Schnitzspan, an improper fit with the patient’s anatomy includes an improper fit with a natural tooth of a patient (Examiner understands a “natural tooth” as any tooth formed by the natural development of the body, consistent with the definition from Law Insider), and further extends the applicability of Thompson’s method to include a greater variety of denture patients.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of adjusting a dental appliance as taught by Thompson to be used with partial dentures as taught by Schnitzspan, thereby determining if a first physical characteristic of a first dental appliance causing an improper fit with at least one natural tooth of a patient, as Schnitzspan teaches the applicability of the adjustment method to partial dentures (refer to Paragraph [0011]).
Regarding claims 8-9, Thomas and Schnitzspan disclose the method of claim 1; Thompson discloses wherein the turning off and/or turning on one or more pixels at a first side of the first digital dental appliance model includes turning off on one or more pixels at an outline of a design feature (denture pockets) within the first digital dental appliance model, increasing a size of the design feature (denture pockets) within the first digital dental appliance model (refer to Paragraph [0032]; turning on pixels, or adding an offset to the teeth creates larger pockets in the denture base; as the pockets are spaces where there is no denture base material, increasing the outer margins of the pockets is equivalent to turning off the denture base pixels).
Regarding claim 10, Thomas and Schnitzspan disclose the method of claim 8; Thompson does not explicitly teach wherein the turning on one or more pixels at the outline of the design feature within the first digital dental appliance model decreases a size of the design feature within the first digital dental appliance model.
Schnitzspan further discloses the turning on one or more pixels at the outline of the design feature (203) within the first digital dental appliance model (200) decreases a size of the design feature (203) within the first digital dental appliance model (200) (116; refer to Paragraph [0036], annotated Fig. 4 below; the outer margins of the retention holes (203) can be decreased; decreasing the outer margin means turning on the dental appliance pixels, creating a smaller retention hole). These dental feature (203) is sized relative to the denture teeth (refer to Paragraph [0033]), the same function of the dental feature (denture pockets) of Thompson’s dental appliance (40) (refer to Paragraph [0032]). Thus, the method of turning on one or more pixels at the outline of the design feature (203) to decrease its size is a known technique for appropriately sizing tooth recesses.
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of modifying the size of the dental feature as taught by Thompson with the method of turning on one or more pixels at the outline of the design feature (203) to decrease its size as taught by Schnitzspan, as Schnitzspan demonstrates this step as a known technique for appropriately sizing tooth recesses (refer to Paragraph [0032]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, and 3-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The new rejection relies on Kukk in view of Martin and Thompson in view of Schnitzspan (as opposed to Schnitzspan in view of Thompson), with the rejection above highlighting how the combination of Thompson and Schnitzspan discloses the amended limitation of “improper fit with…at least one natural tooth”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Phan (US 7802987 B1) discloses how wax patches are added to an individual tooth component in a model to scale the appliance (refer to col. 12, lines 18-21).
Philippe et al. (US 20210361387 A1) discloses adapting orthodontic treatment in response to how the aligner fits the patient’s teeth (refer to Paragraphs [0015], [0362]).
Cramer et al. (US 11800216 B2) discloses a method of image based orthodontic treatment refinement using physical aligner checks (refer to col. 7, lines 35-40).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adriena J Webb Lyttle whose telephone number is (571)270-7639. The examiner can normally be reached Mon - Fri 10:00-7:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571) 270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADRIENA J WEBB LYTTLE/ Examiner, Art Unit 3772
/EDELMIRA BOSQUES/ Supervisory Patent Examiner, Art Unit 3772