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 .
Election/Restrictions
Applicant’s election of Group I, claims 1-9, in the reply filed on November 12, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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 1-9 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.
Claim 1 recites the limitation "the steps.” There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the internal strain.” There is insufficient antecedent basis for this limitation in the claim.
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 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhao (CN 112932707; paragraph numbers to corresponding English language translation).
Claim 1: Zhao discloses a method of producing a dental restoration (¶ 1). The method includes determining a first spatial region of the dental restoration that is subject to a higher load than a second spatial region of the dental restoration (¶ 23; Zhao constructs a 3D model of a crown, dividing it into spatial regions (layers), and performing stress analysis to identify areas of high internal stress (high load regions); and producing the dental restoration in the first spatial region with a different production material than in the second spatial region (¶¶ 18, 23; Zhao optimizes the elastic modulus distribution of the crown so that high-stress regions are reinforced with a different material (higher modulus/strength) relative to low-stress regions – e.g., the optimized crown uses a high-strength ceramic in the outer occlusal regions which endure higher bite forces and a lower-stiffness material in other regions).
Claim 2: Zhao discloses the first spatial region is determined by an internal strain in the first spatial region being above a predetermined value (¶ 23).
Claim 3: Zhao discloses the load being calculated using FEA (¶ 23).
Claim 4: Zhao discloses predetermined forces are applied to the dental restoration for the FEA (¶ 33).
Claim 5: Zhao discloses the production material for the first and/or second spatial region is selected based on a calculated load (stress; ¶¶ 18, 23).
Claim 6: Zhao discloses the production material being doped differently in the first spatial region than in the second spatial region (¶¶ 17, 39; ceramic content vs resin content – i.e., doping).
Claim 7: Zhao discloses the first spatial region including a production material having a higher strength than in the second spatial region (¶¶ 18, 23; Zhao optimizes the elastic modulus distribution of the crown so that high-stress regions are reinforced with a different material (higher modulus/strength) relative to low-stress regions – e.g., the optimized crown uses a high-strength ceramic in the outer occlusal regions which endure higher bite forces and a lower-stiffness material in other regions).
Claim 8: Zhao discloses the production being performed by 3D printing (¶ 23).
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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao (CN 112932707), as applied to claim 8 above, in view of Hansen (US 2018/0098828).
Zhao is silent as to the 3D printing being free-jet material deposition. However, Hansen discloses a method of producing a dental restoration, including 3D printing using free-jet (inkjet) material deposition (¶ 36). As taught by Hansen, free-jet printing effectively forms dental restorations (¶ 36). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the application to have utilized the free-jet printing of Hansen in the method of Zhao to effectively produce a dental restoration. Moreover, Zhao discloses that stereolithography manufacturing is used; and Hansen discloses that either stereolithography or free-jet printing may be used to form the dental restoration (¶ 36), teaching that these were art-recognized equivalent processes known prior to the effective filing date of the application.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY THROWER whose telephone number is (571)270-5517. The examiner can normally be reached 9am-5pm MT M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at 571-270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LARRY W THROWER/Primary Examiner, Art Unit 1754
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