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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No(s). KR10-2021-0074971 and KR10-2022-0069702, filed on 06/09/2021 and 06/08/2022.
For the purpose of examination, the priority date for claims 1, 4-6, and 9-12 is 06/09/2021.
Specification
The amendment filed 12/08/2023 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
The incorporation by reference of the international patent application PCT/KR2022/008106 and of the foreign patent applications KR10-2021-0074971 and KR10-2022-0069702 is ineffective as it was added on the date of entry into the national phase, which is after the filing date of the instant application. The filing date of this national stage application is the filing date of associated PCT, in this case 06/09/2022, see MPEP 1893.03(b). Therefore the specification amendment of 12/08/2023 to include the incorporation by reference is new matter, per MPEP 608.01(p).
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 6, 11 (and further dependent claims 4-5, 9-10, and 12) are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The specification does not detail a step of excluding the mobility tooth in the upper-jaw scan data and lower-jaw scan data. The specification makes several mentions of using the occlusion scan data with the mobility tooth excluded (page 2, paragraph 4; page 19, paragraph 3), and selecting (page 2, paragraph 5) or identifying (page 14, paragraph 5) the mobility tooth from the upper-jaw scan data or lower-jaw scan data.
Claim Objections
Claims 6 and 12 are objected to because of the following informalities:
Claim 6, paragraph 9, line 2 should have "excluding" striked out.
Claim 12, line 3, should state “storing information representing a positional relationship”.
Appropriate correction is required.
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, and 4-5 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 – Determination as to whether the claims are directed to a statutory category as specified in 35 U.S.C. 101 (MPEP 2106.03)
The claim(s) recite(s) a method of performing occlusion alignment and an apparatus for performing the method. The claims fall into the category of a "process"(MPEP 2106.03).
Step 2A Prong 1 – Determination as to whether the claims recite a Judicial Exception including an abstract idea, law of nature, or natural phenomenon (MPEP 2106.04)
Regarding claim 1, the claimed invention is directed to an abstract idea, a mental process capable of being performed in the human mind, including observations, evaluations and judgements. The steps of “selecting a mobility tooth” and “performing occlusion alignment…excluding the selected mobility tooth” are executed by an orthodontist mentally observing the patient’s dentition for treatment planning.
Regarding claims 4-5, the abstract ideas of “selecting a mobility tooth” and “performing occlusion alignment…excluding the selected mobility tooth” are further defined based on claim 1 and therefore also recite the judicial exception.
Step 2A, Prong Two – Determination as to whether the claims as a whole integrate the judicial exception into a practical application
This judicial exception is not integrated into a practical application because:
Regarding claims 1, and 4-5, the claimed invention does not recite additional elements that integrate the judicial exception into practical application because the additional elements, either alone or in combination, generally link the use of the above-identified abstract idea to a particular technological environment or field of use (MPEP 2106.04(d)). The method steps of claims 1-5 which include “selecting a mobility tooth” and “performing occlusion alignment…excluding the selected mobility tooth” are means of transforming data obtained from the patient’s dentition in the first step of claim 1. The step of "obtaining upper-jaw scan data…lower-jaw scan data…and occlusion scan data" is extra-solution activity. The user interface of claim 2 is mere instruction to apply the judicial exceptions of these claims to a computer. The computer implementation of this method is insignificant extra solution activity and does not amount to an inventive concept, particularly when the activity is well-understood and conventional. For at least these reasons and as claims 1-10 do not recite additional elements which integrate the judicial exception into a practical application, the abstract mental processes identified for claims 1-10 are not integrated into a practical application.
Step 2B – Determination as to whether the claims amount to significantly more than the judicial exception (MPEP 2106.05)
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because:
Regarding claims 1, and 4-5, as set forth above with respect to Step 2A Prong One, the claimed method steps are all capable of being performed mentally and represent nothing more than concepts related to performing observations, evaluations, and judgements, which fall within the judicial exception. The claimed steps of “selecting a mobility tooth” and “performing occlusion alignment…excluding the selected mobility tooth” require nothing more than a generic computer processor. The disclosure does not describe additional features to suggest these devices are beyond a generic component for the apparatus. Additionally, the design method is not disclosed as improving the manner in which the apparatus operates. Mere recitation of generic conventional processing used in a conventional manner to perform conventional computer functions that are well understood and routine does not amount to “significantly more” than the judicial exception. The claims do not go beyond inputting data (“obtaining”) and processing data ( “generating” and "transferring") with a standard computer.
Taking the additional elements individually and in combination, the additional elements do not provide significantly more. Additional elements of claims 4-5 do not add significantly more because they are simply an attempt to limit the abstract idea to a particular technological environment. The claims set forth do not require that the method be implemented by a particular machine and they do not require that the method particularly transforms a particular article. When viewed as a combination, the identified additional elements set forth a process of analyzing information of specific content and are not directed to any particularly asserted inventive technology for performing these functions; the disclosure and claims do not require anything beyond a generic computer. Therefore, the claimed method and apparatus fall within the judicial exception to patent eligible subject matter of an abstract idea without significantly more.
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, 4-6, 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reynard et al. (US 20200085548 A1), herein referred to as Reynard, in view of Bell et al. (US 20210244515 A1), herein referred to as Bell.
Regarding claim 1, Reynard discloses an intraoral image processing method (Fig.1; refer to Paragraphs [0078], [0082]; as understood from Applicant’s disclosure, an intraoral image is a 2D or 3D image representing at least one tooth or tooth model; the imaging data processed as part of this method represents patient’s dentition) of a data processing apparatus (10) (refer to Paragraphs [0084]-[0085]; the dental imaging system (10) is configured to practice the disclosed processing method), the intraoral image processing method comprising:
obtaining upper-jaw scan data obtained by scanning an upper jaw of an oral cavity, lower-jaw scan data obtained by scanning a lower jaw of the oral cavity (S100) (refer to Paragraphs [0080], [0082]; an initial upper and lower tooth arrangement can be acquired using an intraoral scanner),
individualizing teeth of the upper-jaw scan data and teeth of the lower-jaw scan data (S110) (refer to Paragraph [0086]; the 3D point model is segmented into individual teeth);
providing a user interface (28) for selecting a mobility tooth (refer to Paragraphs [0084], [0102]; deciduous teeth can be manually designated, with dental imaging system (10) comprising a graphical user interface (GUI) for entry of viewer instructions);
identifying at least one mobility tooth through the user interface based on a user input for selecting the at least one mobility teeth from at least one of the upper-jaw scan data and the lower-jaw scan data (refer to Paragraphs [0084], [0102]; deciduous teeth can be manually designated, with dental imaging system (10) comprising a graphical user interface (GUI) for entry of viewer instructions);
obtaining the individualized teeth of the upper-jaw scan data with the mobility tooth excluded and the individualized teeth of the lower-jaw scan data with the mobility tooth excluded (S140) (refer to Paragraph [0081]; each identified deciduous tooth is removed from the arch, wherein the arch is represented by individual teeth (S110));
performing occlusion alignment of the upper-jaw scan data and the lower-jaw scan data based on the upper-jaw scan data and/or lower-jaw scan data by moving or rotating the individualized teeth of the upper-jaw scan data with the mobility tooth excluded and the individualized teeth of the lower-jaw scan data with the mobility tooth excluded until the individualized teeth of the upper-jaw scan data with the mobility tooth excluded and the individualized teeth of the lower-jaw scan data with the mobility tooth excluded are close to positions defined by improved patient occlusion based on the exclusion of the mobility tooth (S150) (refer to Paragraph [0081], [0117]; optimization step (S150) generates a virtual setup of the dentition for improved patient occlusion by manipulating tooth position, wherein the deciduous teeth have been replaced by the permanent teeth).
Reynard does not explicitly disclose obtaining occlusion state scan data, performing the occlusion alignment using the occlusion state data such that positions of the individualized teeth are close to positions defined by the occlusion scan data.
Bell discloses a dental scanning method in the same field of endeavor (refer to Paragraphs [0033]-[0034]). The dental scanning method comprises obtaining upper-jaw scan data (124) obtained by scanning an upper jaw (12a) of an oral cavity (refer to Paragraph [0068] and Fig. 14; a second scan result (124) is obtained by scanning the first jaw (12a) directly), lower-jaw scan data (126) obtained by scanning a lower jaw (12b) of the oral cavity (refer to Paragraph [0068] and Fig. 14; a third scan result (126) is obtained by scanning the second jaw (12b) directly) and occlusion scan data (98) obtained by scanning an occlusion state of the upper jaw (12a) and the lower jaw (12b) (refer to Paragraphs [0058]-[0059] and Fig. 10; a first scan result (98) is created while the jaws (12a, 12b) are in a predetermined bite position) and performing occlusion alignment of the upper-jaw scan data (124) and the lower-jaw scan data (126) based on the occlusion scan data (98) such that positions of the individualized teeth are close to positions defined by the occlusion scan data (98) (refer to Paragraph [0073]; the individual jaw images (124, 126) are shifted to match the properly fitting jaw image (98) of the first scan; as the jaws comprise a series of teeth, by shifting the jaws, the teeth are also shifted close to the corresponding positions of the first, occlusion scan (98)). The shifting of the individual jaw images (124, 126) according to the bite registration of the first scan (98) creates a precise digital jaw model (116) that can be manipulated and analyzed to aid in various orthodontic and other dental treatments.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have combined the intraoral imaging process method of Reynar. with the method of dental scanning as taught by Bell to create a method of occlusion alignment, wherein the occlusion alignment is based on the occlusion scan data excluding the selected mobility tooth, as Bell teaches performing occlusion alignment with occlusion scan data creates a precise digital model for subsequent dental treatments.
Regarding claim 4, Reynard and Bell disclose the intraoral image processing method of claim 1, with Reynard further disclosing wherein the selecting of the mobility tooth comprises:
obtaining occlusion alignment upper-jaw scan data and occlusion alignment lower-jaw scan data by performing occlusion alignment of the upper-jaw scan data and the lower-jaw scan data (S100) (refer to Paragraphs [0154]; in an alternative method, the virtual model of maxillary and mandibular teeth provided represented in the initial virtual model for step S100 can undergo occlusal arch alignment); and
selecting the mobility tooth from the occlusion alignment upper-jaw scan data and the occlusion alignment lower-jaw scan data (S130) (refer to Paragraph [0102]; the deciduous tooth can be identified or detected by manual or automatic methods, with the virtual data used being the modified, aligned model); and
the performing of the occlusion alignment comprises performing occlusion realignment of the occlusion alignment upper-jaw scan data and the occlusion alignment lower-jaw scan data by using the upper-jaw scan data and/or lower-jaw scan data excluding the selected mobility tooth (S150) (refer to Paragraph [0081]; optimization step (S150) performs the arch shaping and optimization for improved patient occlusion according to the tooth substitution).
Reynard does not explicitly disclose obtaining occlusion state scan data, the initial virtual model of step S100 being aligned according to occlusion scan data and performing the subsequent occlusion realignment using the occlusion state data.
Bell discloses a dental scanning method in the same field of endeavor (refer to Paragraphs [0033]-[0034]). The dental scanning method comprises obtaining upper-jaw scan data (124) obtained by scanning an upper jaw (12a) of an oral cavity (refer to Paragraph [0068] and Fig. 14; a second scan result (124) is obtained by scanning the first jaw (12a) directly), lower-jaw scan data (126) obtained by scanning a lower jaw (12b) of the oral cavity (refer to Paragraph [0068] and Fig. 14; a third scan result (126) is obtained by scanning the second jaw (12b) directly) and occlusion scan data (98) obtained by scanning an occlusion state of the upper jaw (12a) and the lower jaw (12b) (refer to Paragraphs [0058]-[0059] and Fig. 10; a first scan result (98) is created while the jaws (12a, 12b) are in a predetermined bite position) and performing occlusion alignment of the upper-jaw scan data (124) and the lower-jaw scan data (126) based on the occlusion scan data (98) (refer to Paragraph [0073]; the individual jaw images (124, 126) are shifted to match the properly fitting jaw image (98) of the first scan). The shifting of the individual jaw images (124, 126) according to the bite registration of the first scan (98) creates a precise digital jaw model (116) that can be manipulated and analyzed to aid in various orthodontic and other dental treatments.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have combined the intraoral imaging process method of Reynard with the method of dental scanning as taught by Bell to create a method of occlusion alignment, wherein the initial occlusion alignment is based on the occlusion data and subsequent realignment is based on the occlusion scan data excluding the selected mobility tooth, as Bell teaches performing occlusion alignment with occlusion scan data creates a precise digital model for subsequent dental treatments.
Regarding claim 5, Reynard and Bell disclose the intraoral image processing method of claim 4, with Reynard further disclosing wherein the selecting of the mobility tooth from the occlusion alignment upper-jaw scan data or the occlusion alignment lower-jaw scan data comprises selecting the mobility tooth based on a user input for selecting the mobility tooth through a user interface (28) with the occlusion alignment upper-jaw scan data or the occlusion alignment lower-jaw scan data displayed therein (S130) (refer to Paragraphs [0084], [0102]; deciduous teeth can be manually designated, with dental imaging system (10) including a graphical user interface (28) for entry, and the virtual data being the modified, pre-aligned model), or automatically selecting the mobility tooth by the data processing apparatus (10) (S130) (refer to Paragraph [0102]; the deciduous tooth can be identified or detected by automatic methods with the virtual data being the modified, pre-aligned model).
Regarding claim 6, Reynard discloses a data processing apparatus (10) comprising (refer to Paragraph [0028] and Fig. 2):
a processor (20); and
a memory (RAM of 24), wherein the processor (20) is configured to execute one or more instructions stored in the memory (RAM of 24) to (refer to Paragraph [0085]; the processor (20) is in communication with the memory (24), which includes a random access memory in communication with the processor (20) for executing a computer program with instructions for the processing method disclosed):
obtain upper-jaw scan data obtained by scanning an upper jaw of an oral cavity, lower-jaw scan data obtained by scanning a lower jaw of the oral cavity (S100) (refer to Paragraphs [0080], [0082]; an initial upper and lower tooth arrangement can be acquired using an intraoral scanner);
individualize teeth of the upper-jaw scan data and teeth of the lower-jaw scan data (S110) (refer to Paragraph [0086]; the 3D point model is segmented into individual teeth);
provide a user interface (28) for selecting a mobility tooth (refer to Paragraphs [0084], [0102]; deciduous teeth can be manually designated, with dental imaging system (10) comprising a graphical user interface (GUI) for entry of viewer instructions);
identify at least one mobility tooth through the user interface based on a user input for selecting the at least one mobility teeth from at least one of the upper-jaw scan data and the lower-jaw scan data (refer to Paragraphs [0084], [0102]; deciduous teeth can be manually designated, with dental imaging system (10) comprising a graphical user interface (GUI) for entry of viewer instructions);
obtain the individualized teeth of the upper-jaw scan data with the mobility tooth excluded and the individualized teeth of the lower-jaw scan data with the mobility tooth excluded (S140) (refer to Paragraph [0081]; each identified deciduous tooth is removed from the arch, wherein the arch is represented by individual teeth (S110));
perform occlusion alignment of the upper-jaw scan data and the lower-jaw scan data based on the upper-jaw scan data and/or lower-jaw scan data excludingby moving or rotating the individualized teeth of the upper-jaw scan data with the mobility tooth excluded and the individualized teeth of the lower-jaw scan data with the mobility tooth excluded until the individualized teeth of the upper-jaw scan data with the mobility tooth excluded and the individualized teeth of the lower-jaw scan data with the mobility tooth excluded are close to positions defined by improved patient occlusion based on the exclusion of the mobility tooth (S150) (refer to Paragraph [0081], [0117]; optimization step (S150) generates a virtual setup of the dentition for improved patient occlusion by manipulating tooth position, wherein the deciduous teeth have been replaced by the permanent teeth).
Reynard does not explicitly disclose obtaining occlusion state scan data, performing the occlusion alignment using the occlusion state data such that positions of the individualized teeth are close to positions defined by the occlusion scan data.
Bell discloses a digital dental scanning method in the same field of endeavor (refer to Paragraphs [0033]-[0034]). The dental scanning method comprises using a computer (106) to obtain upper-jaw scan data (124) obtained by scanning an upper jaw (12a) of an oral cavity (refer to Paragraph [0068] and Fig. 14; a second scan result (124) is obtained by scanning the first jaw (12a) directly), lower-jaw scan data (126) obtained by scanning a lower jaw (12b) of the oral cavity (refer to Paragraph [0068] and Fig. 14; a third scan result (126) is obtained by scanning the second jaw (12b) directly) and occlusion scan data (98) obtained by scanning an occlusion state of the upper jaw (12a) and the lower jaw (12b) (refer to Paragraphs [0058]-[0059] and Fig. 10; a first scan result (98) is created while the jaws (12a, 12b) are in a predetermined bite position) and performing occlusion alignment of the upper-jaw scan data (124) and the lower-jaw scan data (126) based on the occlusion scan data (98) are close to positions defined by the occlusion scan data (98) (refer to Paragraph [0073]; the individual jaw images (124, 126) are shifted to match the properly fitting jaw image (98) of the first scan; as the jaws comprise a series of teeth, by shifting the jaws, the teeth are also shifted close to the corresponding positions of the first, occlusion scan (98)). The shifting of the individual jaw images (124, 126) according to the bite registration of the first scan (98) creates a precise digital jaw model (116) that can be manipulated and analyzed to aid in various orthodontic and other dental treatments.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have combined the intraoral imaging process method stored in the memory (RAM of 24) of Reynard with the method of dental scanning as taught by Bell to create a method of occlusion alignment, wherein the occlusion alignment is based on the occlusion scan data excluding the selected mobility tooth, as Bell teaches performing occlusion alignment with occlusion scan data creates a precise digital model for subsequent dental treatments.
Regarding claim 9, Reynard and Bell discloses the data processing apparatus of claim 6, with Reynard further disclosing wherein the processor (20) is further configured to execute the one or more instructions stored in the memory (RAM of 24) to:
obtain occlusion alignment upper-jaw scan data and occlusion alignment lower-jaw scan data by performing occlusion alignment of the upper-jaw scan data and the lower-jaw scan data (S100) (refer to Paragraph [0154]; in an alternative method, the virtual model of maxillary and mandibular teeth provided represented in the initial virtual model for step S100 can undergo occlusal arch alignment); and
select the mobility tooth from the occlusion alignment upper-jaw scan data and the occlusion alignment lower-jaw scan data (S130) (refer to Paragraph [0102]; the deciduous tooth can be identified or detected by manual or automatic methods, with the virtual data used being the modified, aligned model); and
perform occlusion realignment of the occlusion alignment upper-jaw scan data and the occlusion alignment lower-jaw scan data by using the upper-jaw scan data and/or lower-jaw scan data excluding the selected mobility tooth (S150) (refer to Paragraph [0081]; optimization step (S150) performs the arch shaping and optimization for improved patient occlusion according to the tooth substitution).
Reynard does not explicitly disclose obtaining occlusion state scan data, the initial virtual model of step S100 being aligned according to occlusion scan data and performing the subsequent occlusion realignment using the occlusion state data.
Bell discloses a dental scanning method in the same field of endeavor (refer to Paragraphs [0033]-[0034]). The dental scanning method comprises obtaining upper-jaw scan data (124) obtained by scanning an upper jaw (12a) of an oral cavity (refer to Paragraph [0068] and Fig. 14; a second scan result (124) is obtained by scanning the first jaw (12a) directly), lower-jaw scan data (126) obtained by scanning a lower jaw (12b) of the oral cavity (refer to Paragraph [0068] and Fig. 14; a third scan result (126) is obtained by scanning the second jaw (12b) directly) and occlusion scan data (98) obtained by scanning an occlusion state of the upper jaw (12a) and the lower jaw (12b) (refer to Paragraphs [0058]-[0059] and Fig. 10; a first scan result (98) is created while the jaws (12a, 12b) are in a predetermined bite position) and performing occlusion alignment of the upper-jaw scan data (124) and the lower-jaw scan data (126) based on the occlusion scan data (98) (refer to Paragraph [0073]; the individual jaw images (124, 126) are shifted to match the properly fitting jaw image (98) of the first scan). The shifting of the individual jaw images (124, 126) according to the bite registration of the first scan (98) creates a precise digital jaw model (116) that can be manipulated and analyzed to aid in various orthodontic and other dental treatments.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have combined the intraoral imaging process method of Reynard with the method of dental scanning as taught by Bell to create a method of occlusion alignment, wherein the initial occlusion alignment is based on the occlusion data and subsequent realignment is based on the occlusion scan data excluding the selected mobility tooth, as Bell et al. teaches performing occlusion alignment with occlusion scan data creates a precise digital model for subsequent dental treatments.
Regarding claim 10, Reynard and Bell discloses the data processing apparatus of claim 9, with Reynard et al. further disclosing wherein the processor (20) is further configured to execute the one or more instructions stored in the memory (RAM of 24) to:
select the mobility tooth from the occlusion alignment upper-jaw scan data or the occlusion alignment lower-jaw scan data (S130) (refer to Paragraphs [0102], [0131] and Fig. 7; the deciduous tooth can be identified or detected by manual or automatic methods for either a maxillary or mandibular arches based on user selection, with the virtual data used being the modified, aligned model); and
select the mobility tooth based on a user input for selecting the mobility tooth through a user interface (28) with the occlusion alignment upper-jaw scan data or the occlusion alignment lower-jaw scan data displayed therein (S130) (refer to Paragraphs [0084], [0102]; deciduous teeth can be manually designated, with dental imaging system (10) including a graphical user interface (28) for entry, and the virtual data being the modified, pre-aligned model), or automatically select the mobility tooth by the data processing apparatus (10) (S130) (refer to Paragraph [0102]; the deciduous tooth can be identified or detected by automatic methods with the virtual data being the modified, pre-aligned model).
Regarding claim 11, Reynard discloses a computer-readable recording medium (24) having recorded thereon a program implemented to execute an intraoral image processing method (Fig.1; refer to Paragraphs [0078], [0082]; as understood from Applicant’s disclosure, an intraoral image is a 2D or 3D image representing at least one tooth or tooth model; the imaging data processed as part of this method represents patient’s dentition) by a processor (20) of a data processing apparatus (10), wherein the intraoral image processing method (refer to Paragraphs [0084]-[0085]; the dental imaging system (10) is configured to practice the disclosed processing method of the initial dental images) comprises:
obtaining upper-jaw scan data obtained by scanning an upper jaw of an oral cavity, lower-jaw scan data obtained by scanning a lower jaw of the oral cavity (S100) (refer to Paragraphs [0080], [0082]; an initial upper and lower tooth arrangement can be acquired using an intraoral scanner),
individualizing teeth of the upper-jaw scan data and teeth of the lower-jaw scan data (S110) (refer to Paragraph [0086]; the 3D point model is segmented into individual teeth);
providing a user interface (28) for selecting a mobility tooth (refer to Paragraphs [0084], [0102]; deciduous teeth can be manually designated, with dental imaging system (10) comprising a graphical user interface (GUI) for entry of viewer instructions);
identifying at least one mobility tooth through the user interface based on a user input for selecting the at least one mobility teeth from at least one of the upper-jaw scan data and the lower-jaw scan data (refer to Paragraphs [0084], [0102]; deciduous teeth can be manually designated, with dental imaging system (10) comprising a graphical user interface (GUI) for entry of viewer instructions);
obtaining the individualized teeth of the upper-jaw scan data with the mobility tooth excluded and the individualized teeth of the lower-jaw scan data with the mobility tooth excluded (S140) (refer to Paragraph [0081]; each identified deciduous tooth is removed from the arch, wherein the arch is represented by individual teeth (S110));
performing occlusion alignment of the upper-jaw scan data and the lower-jaw scan data based on the upper-jaw scan data and/or lower-jaw scan data by moving or rotating the individualized teeth of the upper-jaw scan data with the mobility tooth excluded and the individualized teeth of the lower-jaw scan data with the mobility tooth excluded until the individualized teeth of the upper-jaw scan data with the mobility tooth excluded and the individualized teeth of the lower-jaw scan data with the mobility tooth excluded are close to positions defined by improved patient occlusion based on the exclusion of the mobility tooth (S150) (refer to Paragraph [0081], [0117]; optimization step (S150) generates a virtual setup of the dentition for improved patient occlusion by manipulating tooth position, wherein the deciduous teeth have been replaced by the permanent teeth).
Reynard does not explicitly disclose obtaining occlusion state scan data, performing the occlusion alignment using the occlusion state data such that positions of the individualized teeth are close to positions defined by the occlusion scan data.
Bell discloses a dental scanning method in the same field of endeavor (refer to Paragraphs [0033]-[0034]). The dental scanning method comprises obtaining upper-jaw scan data (124) obtained by scanning an upper jaw (12a) of an oral cavity (refer to Paragraph [0068] and Fig. 14; a second scan result (124) is obtained by scanning the first jaw (12a) directly), lower-jaw scan data (126) obtained by scanning a lower jaw (12b) of the oral cavity (refer to Paragraph [0068] and Fig. 14; a third scan result (126) is obtained by scanning the second jaw (12b) directly) and occlusion scan data (98) obtained by scanning an occlusion state of the upper jaw (12a) and the lower jaw (12b) (refer to Paragraphs [0058]-[0059] and Fig. 10; a first scan result (98) is created while the jaws (12a, 12b) are in a predetermined bite position) and performing occlusion alignment of the upper-jaw scan data (124) and the lower-jaw scan data (126) based on the occlusion scan data (98) such that positions of the individualized teeth are close to positions defined by the occlusion scan data (98) (refer to Paragraph [0073]; the individual jaw images (124, 126) are shifted to match the properly fitting jaw image (98) of the first scan; as the jaws comprise a series of teeth, by shifting the jaws, the teeth are also shifted close to the corresponding positions of the first, occlusion scan (98)). The shifting of the individual jaw images (124, 126) according to the bite registration of the first scan (98) creates a precise digital jaw model (116) that can be manipulated and analyzed to aid in various orthodontic and other dental treatments.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have combined the intraoral imaging process method of Reynar. with the method of dental scanning as taught by Bell to create a method of occlusion alignment, wherein the occlusion alignment is based on the occlusion scan data excluding the selected mobility tooth, as Bell teaches performing occlusion alignment with occlusion scan data creates a precise digital model for subsequent dental treatments.
(New) Regarding claim 12, Reynard and Bell disclose the intraoral image processing method of claim 1, with Reynard further disclosing wherein the performing of the occlusion alignment (S150) comprises:
storing information representing position relationship between the upper-jaw scan data and the lower-jaw scan data in the occlusal state (refer to Paragraphs [0081], [0117]; the virtual setup from the occlusal optimization step can be displayed, stored or transmitted).
Response to Arguments
The outstanding specification objection remains. Applicant retains the effective filing date of the claims without the reference to the priority documents; however, nothing new can be added to the specification, and as such, the amendment to the specification entered 12/08/2023 is improper. This guidance comes from the intersection of MPEP sections 608.01(p) and 1893.03(b), and OPLA.
Applicant's arguments filed 11/13/2025 have been fully considered but they are not persuasive.
Regarding the arguments that claim 1 incorporates a practical application of the exception, Examiner notes that a practical application requires creating a physical apparatus, such as fabrication or manufacturing of a dental appliance based on the occlusion alignment. In the case of Applicant’s invention, providing a user interface is conventional, well known, and mere instruction to apply the method to a computer environment. The user interface does not amount to an inventive concept. Further, obtaining tooth data and aligning tooth data has long been performed by orthodontists without the use of a computer.
Regarding the arguments that the independent claims and additional dependent claim (12) are not anticipated by the combination of Reynard and Bell, Examiner points to the above rejection.
Reynard explicitly discloses the step of removing the deciduous teeth (refer to Paragraph [0081]). Applicant’s claim(s) recite that the occlusion alignment is performed with the mobility tooth excluded; Reynard excludes the mobility (deciduous) teeth from occlusion alignment.
Further, in response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ADRIENA J WEBB LYTTLE/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772