DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 2-3, 5-6, 9, 12, 16-17, 19 and 20, the use of the recitation “at least one tooth row data is updated” and “update the at least one tooth row data” for the upper jaw tooth now data the lower jaw tooth row data is indefinite. It is not understood with respect to what tooth row data is the update. The claims are not clear if said update is as a result of the contacting or if it is to avoid contacting between the upper and lower tooth. For examination purposes, the term will be interpreted as the at least one tooth row data is updated until a tooth contacts the opposing tooth.
Regarding claim 4, 11 and 18, it is described that the at least one type of jaw motion data is corrected on a “basis of a check result of occlusion between the upper row of teeth and the lower row of teeth using articulating paper” is indefinite. It is not understood what the correction means in the claims because it is not understood what the correction involves. Furthermore, it is not clear the intended “check result” between the upper row of teeth and the lower row of teeth when using the articulating paper in the claim, e.g., the contacting marks, the none contacting areas, smear marks, etc. Furthermore, it is not understood how the check result from the articulating paper is compared with the digital jaw motion data. The claim is not connecting how a physical information is verified with respect to a digital information, e.g., the information from the articulating paper is digitalized so that the detection apparatus compares it with the motion data, a person physically compares both results, etc. For examination purposes, the claims will be interpreted as that the information from the articulating paper is digitalized so that the detection apparatus compares it with the motion data.
Regarding claims 1, 8 and 15, the use of the terms “synthetic” “synthesizing” in the claims, is indefinite. It is not understood the intended meaning of said term in the claims, in which it is not clear the intended subject matter. Based on the general information given in the specification, the Office believes that the terms refer and will be examined as “digital data” and “digitalizing data”.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 5, 6, 8-10, 12, 13, 15-17 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kopelman (US 20220323190 A1).
PNG
media_image1.png
700
362
media_image1.png
Greyscale
[AltContent: arrow][AltContent: textbox (Input interface circuitry)][AltContent: textbox (Three-dimensional Scanner)][AltContent: arrow]
PNG
media_image2.png
632
440
media_image2.png
Greyscale
Regarding claim 1, Kopelman discloses a detection apparatus that detects a premature contact position at which an upper row of teeth prematurely contacts a lower row of teeth upon occlusion (see [0076-0077]), the detection apparatus including:
input interface circuitry (1118) (see Fig. 11 and par. [0101] – “a keyboard, pointing device, mouse, scanner, interactive displays, touchpad, joysticks, etc.”) to which upper-jaw tooth row data, lower-jaw tooth row data and occlusion data are input, the upper-jaw tooth row data indicating a three- dimensional shape of a row of teeth of an upper jaw acquired by a three-dimensional scanner (1120) (see Fig. 11 above and [0103]) when the upper row of teeth and the lower row of teeth are in an open state (see steps 110 and 120 in Fig. 1 and [0036] - [0037] – where digital data of each individual arch is generated; therefore it is understood that the upper and lower jaw are in an open state), the lower-jaw tooth row data indicating a three-dimensional shape of a row of teeth of a lower jaw acquired by the three-dimensional scanner when the upper row of teeth and the lower row of teeth are in the open state (see step 120 in Fig 1 [0006] and [0037] - digital model of a lower arch is generated; the scanning device captures digital image of a dental site of the patient's lower arch including buccal, occlusal, and lingual surface data), the occlusion data indicating a three- dimensional shape of the upper row of teeth and the lower row of teeth acquired by the three-dimensional scanner when the upper row of teeth and the lower row of teeth are in an occlusal state (see [0036] – “the scanning device captures images and/or video of a dental site of the patient's upper arch including buccal, occlusal, and lingual surface data”); and
processing circuitry (see [0021] – including “processor and memory having instructions” carry out any of the methods of Fig. 1 above) that is configured to detect the premature contact position by generating synthetic data indicating a synthetic three-dimensional shape of the upper row of teeth and the lower row of teeth in the occlusal state by synthesizing the upper- jaw tooth row data and the lower-jaw tooth row data using the occlusion data as a reference and updating at least one tooth row data of the upper-jaw tooth row data and the lower-jaw tooth row data included in the synthetic data so that a state of the upper row of teeth and the lower row of teeth is displaced from the occlusal state to the open state (see steps 130-170 in Fig. 1 above and [0021], [0038] – [0047]).
PNG
media_image3.png
436
558
media_image3.png
Greyscale
Regarding claim 2, Kopelman discloses that when the at least one tooth row data is updated, the processing circuitry is further configured to detect a portion of the upper row of teeth and the lower row of teeth in which the row of teeth of the upper jaw contacts the row of teeth of the lower jaw until an end of the updating as the premature contact position (see step 160 and 170 of Fig. 1 above and [0046] – [0047] – “digital arches are brought into a bite position” and “the occlusion contacts are calculated”; furthermore, in [0058] – “digital representation 400 of the patient's teeth shows a visualization of a movement vector 406 of tooth 408” and “digital representation 400, during biting occlusion the tooth 408 has moved as a result of the biting force applied to the patient's opposing teeth. The vector 406 shows that the tooth 408 is translated in both a distal and buccal direction without intrusion or intrusion”; therefore, data of the upper and lower row teeth are updated in their location depending on the occlusal or open position).
[AltContent: textbox (Bias of a contact area/trace)][AltContent: arrow]
PNG
media_image4.png
572
484
media_image4.png
Greyscale
Regarding claim 3, Kopelman discloses that the processing circuitry is configured to update the at least one tooth row data on a basis of at least one type of jaw motion data from among jaw motion data inferred from the occlusal state, jaw motion data measured for the upper jaw and the lower jaw, and predetermined average jaw motion data ([0046] - [0047] – “the digital models of the patient's upper arch and lower arch may be brought into occlusion. In some embodiments, bringing the upper arch and lower arch into biting occlusion includes moving the lower arch relative to the upper arch, or vice versa, in order to orient the lower arch and the upper arch according to the scan of the patient's teeth in biting occlusion”, in this way predetermined the average jaw motion data; furthermore, in Fig. 6 above shows the trace 602 that indicates the “location or the accelerated wear of the tooth or teeth”, in which it also can predetermined average jaw motion data is included this apparatus, furthermore, in [0058] – “digital representation 400 of the patient's teeth shows a visualization of a movement vector 406 of tooth 408” and “digital representation 400, during biting occlusion the tooth 408 has moved as a result of the biting force applied to the patient's opposing teeth. The vector 406 shows that the tooth 408 is translated in both a distal and buccal direction without intrusion or intrusion”; therefore, data of the upper and lower row teeth are updated in their location depending on the occlusal or open position).
Regarding claim 5, Kopelman discloses that the processing circuitry is configured to detect a bias of a contact area between the row of teeth of the upper jaw and the row of teeth of the lower jaw for one or more predetermined periods while the at least one tooth row data is updated (see [0071] – see trace 602 in which it is the path of sliding contact of an opposing tooth in Fig. 6, it is considered as the “point of initial contact may be a location wherein the opposing tooth initially contacts the tooth 600 as the upper and lower arch come into initial occlusion”).
PNG
media_image5.png
490
626
media_image5.png
Greyscale
Regarding claim 6, Kopelman discloses that the processing circuitry is configured to update the at least one tooth row data of the upper-jaw tooth row data and the lower-jaw tooth row data in intervals of displacement (see Fig. 7 above and [0068]).
Regarding claim 8, Kopelman discloses a detection method for detecting a premature contact position at which an upper row of teeth prematurely contacts a lower row of teeth upon occlusion, using a computer (see [0100], [0104], [0108]), the detection method including:
acquiring, by processing circuitry of the computer, upper-jaw tooth row data indicating a three-dimensional shape of a row of teeth of an upper jaw acquired by a three-dimensional scanner (1120) (see Fig. 11 above and [0101]) when the upper row of teeth and the lower row of teeth are in an open state (120 in Fig. 1 and [0036] - [0037] – where digital data of each individual arch is generated; therefore it is understood that the upper and lower jaw are in an open state), lower-jaw tooth row data indicating a three-dimensional shape of a row of teeth of a lower jaw acquired by the three-dimensional scanner (1120) (see Fig. 11 above and [0103]) when the upper row of teeth and the lower row of teeth are in the open state (see step 120 in Fig 1 [0006] and [0037] - digital model of a lower arch is generated; the scanning device captures digital image of a dental site of the patient's lower arch including buccal, occlusal, and lingual surface data), and occlusion data indicating a three-dimensional shape of the upper row of teeth and the lower row of teeth acquired by the three-dimensional scanner when the upper row of teeth and the lower row of teeth are in an occlusal state (see [0036] – “the scanning device captures images and/or video of a dental site of the patient's upper arch including buccal, occlusal, and lingual surface data”); and
detecting, by the processing circuitry of the computer (see [0021] – including “processor and memory having instructions” carry out any of the methods of Fig. 1 above), the premature contact position by generating synthetic data indicating a synthetic three-dimensional shape of the upper row of teeth and the lower row of teeth in the occlusal state by synthesizing the upper-jaw tooth row data and the lower-jaw tooth row data using the occlusion data as a reference and updating at least one tooth row data of the upper-jaw tooth row data and the lower-jaw tooth row data included in the synthetic data so that a state of the upper row of teeth and the lower row of teeth is displaced from the occlusal state to the open state (see steps 130-170 in Fig. 1 above and [0021], [0038] – [0047]).
Regarding claim 9, Kopelman discloses that the at least one tooth row data is updated, detecting the premature contact position includes detecting a portion of the upper row of teeth and the lower row of teeth in which the row of teeth of the upper jaw contacts the row of teeth of the lower jaw until an end of the updating as the premature contact position (see step 160 and 170 of Fig. 1 above and [0046] – [0047] – “digital arches are brought into a bite position” and “the occlusion contacts are calculated”; furthermore, in [0058] – “digital representation 400 of the patient's teeth shows a visualization of a movement vector 406 of tooth 408” and “digital representation 400, during biting occlusion the tooth 408 has moved as a result of the biting force applied to the patient's opposing teeth. The vector 406 shows that the tooth 408 is translated in both a distal and buccal direction without intrusion or intrusion”; therefore, data of the upper and lower row teeth are updated in their location depending on the occlusal or open position).
Regarding claim 10, Kopelman discloses that wherein updating the at least one tooth row data is on a basis of at least one type of jaw motion data from among jaw motion data inferred from the occlusal state, jaw motion data measured for the upper jaw and the lower jaw, and predetermined average jaw motion data ([0046] - [0047] – “the digital models of the patient's upper arch and lower arch may be brought into occlusion. In some embodiments, bringing the upper arch and lower arch into biting occlusion includes moving the lower arch relative to the upper arch, or vice versa, in order to orient the lower arch and the upper arch according to the scan of the patient's teeth in biting occlusion”, in this way predetermined the average jaw motion data; furthermore, in Fig. 6 above shows the trace 602 that indicates the “location or the accelerated wear of the tooth or teeth”, in which it also can predetermined average jaw motion data is included this apparatus; furthermore, in [0058] – “digital representation 400 of the patient's teeth shows a visualization of a movement vector 406 of tooth 408” and “digital representation 400, during biting occlusion the tooth 408 has moved as a result of the biting force applied to the patient's opposing teeth. The vector 406 shows that the tooth 408 is translated in both a distal and buccal direction without intrusion or intrusion”; therefore, data of the upper and lower row teeth are updated in their location depending on the occlusal or open position).
Regarding claim 12, Kopelman discloses further configuring detecting a bias of a contact area between the row of teeth of the upper jaw and the row of teeth of the lower jaw for one or more predetermined periods while the at least one tooth row data is updated (see [0071] – see trace 602 in which it is the path of sliding contact of an opposing tooth in Fig. 6, it is considered as the “point of initial contact may be a location wherein the opposing tooth initially contacts the tooth 600 as the upper and lower arch come into initial occlusion”).
Regarding claim 13, Kopelman discloses that updating the at least one tooth row data of the upper-jaw tooth row data and the lower-jaw tooth row data is performed in intervals of displacement (see Fig. 7 above and [0068]).
Regarding claim 15, Kopelman discloses a detection system that detects a premature contact position at which an upper row of teeth prematurely contacts a lower row of teeth upon occlusion (see [0076-0077]), the detection system including:
a three-dimensional scanner (1120) that acquires three-dimensional data indicating a three-dimensional shape of each of a row of teeth of an upper jaw and a row of teeth of a lower jaw (see Fig. 11 above and [0103]); and
a detection apparatus (1100) (see Fig. 11 above and [0076] – [0077] and [0100]) that detects the premature contact position on a basis of the three-dimensional data acquired by the three-dimensional scanner (1120),
wherein the detection apparatus (1100) includes:
input interface circuitry (1118) (see Fig. 11 and par. [0101] – “a keyboard, pointing device, mouse, scanner, interactive displays, touchpad, joysticks, etc.”) to which upper-jaw tooth row data, lower-jaw tooth row data and occlusion data are input, the upper-jaw tooth row data indicating a three- dimensional shape of a row of teeth of an upper jaw acquired by a three-dimensional scanner (1120) (see Fig. 11 above and [0103]) when the upper row of teeth and the lower row of teeth are in an open state (see steps 110 and 120 in Fig. 1 and [0036] - [0037] – where digital data of each individual arch is generated; therefore it is understood that the upper and lower jaw are in an open state), the lower-jaw tooth row data indicating a three-dimensional shape of a row of teeth of a lower jaw acquired by the three-dimensional scanner when the upper row of teeth and the lower row of teeth are in the open state (see step 120 in Fig 1 [0037] - digital model of a lower arch is generated; the scanning device captures digital image of a dental site of the patient's lower arch including buccal, occlusal, and lingual surface data), the occlusion data indicating a three- dimensional shape of the upper row of teeth and the lower row of teeth acquired by the three-dimensional scanner when the upper row of teeth and the lower row of teeth are in an occlusal state (see [0036] – “the scanning device captures images and/or video of a dental site of the patient's upper arch including buccal, occlusal, and lingual surface data”); and
processing circuitry (see [0021] – including “processor and memory having instructions” carry out any of the methods of Fig. 1 above) configured to detect the premature contact position by generating synthetic data indicating a synthetic three-dimensional shape of the upper row of teeth and the lower row of teeth in the occlusal state by synthesizing the upper- jaw tooth row data and the lower-jaw tooth row data using the occlusion data as a reference and updating at least one tooth row data of the upper-jaw tooth row data and the lower-jaw tooth row data included in the synthetic data so that a state of the upper row of teeth and the lower row of teeth is displaced from the occlusal state to the open state (see steps 130-170 in Fig. 1 above and [0021], [0038] – [0047]).
Regarding claim 16, Kopelman discloses that when the at least one tooth row data is updated, the processing circuitry is further configured to detect a portion of the upper row of teeth and the lower row of teeth in which the row of teeth of the upper jaw contacts the row of teeth of the lower jaw until an end of the updating as the premature contact position (see step 160 and 170 of Fig. 1 above and [0046] – [0047] – “digital arches are brought into a bite position” and “the occlusion contacts are calculated”; furthermore, in [0058] – “digital representation 400 of the patient's teeth shows a visualization of a movement vector 406 of tooth 408” and “digital representation 400, during biting occlusion the tooth 408 has moved as a result of the biting force applied to the patient's opposing teeth. The vector 406 shows that the tooth 408 is translated in both a distal and buccal direction without intrusion or intrusion”; therefore, data of the upper and lower row teeth are updated in their location depending on the occlusal or open position).
Regarding claim 17, Kopelman discloses that the processing circuitry is configured to update the at least one tooth row data on a basis of at least one type of jaw motion data from among jaw motion data inferred from the occlusal state, jaw motion data measured for the upper jaw and the lower jaw, and predetermined average jaw motion data ([0046] - [0047] – “the digital models of the patient's upper arch and lower arch may be brought into occlusion. In some embodiments, bringing the upper arch and lower arch into biting occlusion includes moving the lower arch relative to the upper arch, or vice versa, in order to orient the lower arch and the upper arch according to the scan of the patient's teeth in biting occlusion”, in this way predetermined the average jaw motion data; furthermore, in Fig. 6 above shows the trace 602 that indicates the “location or the accelerated wear of the tooth or teeth”, in which it also can predetermined average jaw motion data is included this apparatus).
Regarding claim 19, Kopelman discloses that the processing circuitry is configured to detect a bias of a contact area between the row of teeth of the upper jaw and the row of teeth of the lower jaw for one or more predetermined periods while the at least one tooth row data is updated (see [0071] – see trace 602 in which it is the path of sliding contact of an opposing tooth in Fig. 6, it is considered as the “point of initial contact may be a location wherein the opposing tooth initially contacts the tooth 600 as the upper and lower arch come into initial occlusion”).
Regarding claim 20, Kopelman discloses that the processing circuitry is configured to update the at least one tooth row data of the upper-jaw tooth row data and the lower-jaw tooth row data in intervals of displacement across one or more predetermined periods (see Fig. 7 above and [0068]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kopelman (US 20220323190 A1) as applied to claims 6 and 13 respectively above.
Regarding claims 7 and 14, Kopelman discloses the claimed invention substantially as claimed, as set forth above for claims 6 and 13 respectively.
However, Kopelman does not disclose that the intervals of displacement are between 0.1 mm to 0.3 mm.
On the other hand, Kopelman discloses that the apparatus generates a model that depicts sequential displacement of the patient’s tooth in an open and occlusal state. Where the lateral displacement of the tooth (710) will depend on a force imparted during occlusion. The bigger the force during occlusion, more lateral displacement is reflected on the tooth (see Fig. 7 above), where the “solid outline 702 of the tooth 710 may depict the position of the patient's tooth 710 in an open state, and where the “first dashed line 704 depicts the position of the patient's tooth during initial biting occlusion at a first biting force, while dashed line 706 and dashed line 708 depict the position of the patient's tooth during application of increasing biting force”. Furthermore, each tooth displacement can be depicted in sequential frames, in which may be played in a loop to repeatedly show the movement of the patient's tooth (710) during occlusion, in this way providing a video showing a loop of the interval displacements (see [0068]).
Even when Kopelman does not disclose the claimed intervals of displacement to be between 0.1 mm to 0.3 mm, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the interval of displacement for the sequential model of Kopelman, to be in the range claimed, in order for the tooth is shown in very small lateral displacement, so that the video shows a more smooth transition movement of the tooth displacement from the open state to the occlusal state at different occlusal forces.
Allowable Subject Matter
Claims 4, 11 and 18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 4, the prior art of Kopelman does not disclose that the processing circuitry is configured to correct the at least one type of jaw motion data on a basis of a check result of occlusion between the upper row of teeth and the lower row of teeth using articulating paper.
Regarding claim 11, the prior art of Kopelman does not disclose that the method further includes correcting the at least one type of jaw motion data on a basis of a check result of occlusion between the upper row of teeth and the lower row of teeth using articulating paper
Regarding claim 18, the prior art of Kopelman does not disclose that the processing circuitry is configured to correct the at least one type of jaw motion data on a basis of a check result of occlusion between the upper row of teeth and the lower row of teeth using articulating paper
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRAYDA ARLENE APONTE whose telephone number is (571)270-1933. The examiner can normally be reached M-F 8-5.
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, Eric Rosen can be reached at 571-270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MIRAYDA A APONTE/Examiner, Art Unit 3772
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772