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 .
Allowable Subject Matter
Claims 4, 6, 11, 13, 18, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if the claims are rewritten in independent form including 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:
In regards to dependent claim 4, none of the cited prior art alone or in combination provides motivation to teach “wherein the non-moveable zone is depicted, via the user interface, as a border encompassing the one or more implants” as the references only teach techniques for adjustment of virtual modeling for dental devices and accounting for dental implants with regards to movement of teeth, however the references fail to explicitly disclose specific user interface features for delineating an area relating to the implant as non-movable via user of bordering, in conjunction with the features of claim 1 with which it depends regarding generating multiple versions of an aligner to fit over one or more patient implants.
In addition, there is no teaching, suggestion, or motivation found in the current references and none that can be inferred from the examiner’s own knowledge with respect to the current limitation.
In regards to dependent claim 6, none of the cited prior art alone or in combination provides motivation to teach “wherein the cutting planes define regions around the one or more implants that are immoveable” as the references only teach techniques for adjustment of virtual modeling for dental devices and accounting for dental implants with regards to movement of teeth, however the references fail to explicitly disclose specific user interface features for delineating an area relating to the implant as non-movable via defining cutting regions, in conjunction with the features of claim 5 with which it depends regarding defining a line indicating a cutting plane.
In regards to dependent claims 11, 13, 18, and 20, these claims recite limitations similar in scope to claims 4 and 6, and thus are objected to based on the same rationale as provided above.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 5, 7-10, 12, 14-17, 19, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Wu (US 2013/0317800 A1, hereinafter referenced “Wu”) in view of SHIVAPUJA (US 2019/0388189 A1, hereinafter referenced “SHIVAPUJA”).
In regards to claim 1. Wu discloses a method of creating an orthodontic appliance (Wu, Abstract):
-displaying, via a user interface (Wu, para [0130]; Reference discloses as illustrated in the embodiment of FIG. 11, a system can include one or more input and/or output interfaces 1186), a model of a patient’s teeth and the patient’s palate and/or the buccal shelf area, wherein the palate and/or the buccal shelf area depict one or more implants (Wu, Fig. 2 and Fig. 4 and para [0057] and [0097]; Reference discloses FIG. 4 illustrates an occlusogram 410 of a virtual dental model 451 of a jaw 455 according to one or more embodiments of the present disclosure. Fig. 2 illustrates buccal ridges of teeth). Para [0097] discloses a tooth that has been defined as non-movable is not allowed to move. Examples of such teeth can include a pontic, a crown, a bridge, and a partially erupted tooth, among others (i.e. implants).);
-determining a non-moveable zone about the model (Wu, para [0096]-[0097]; Reference at para [0096] discloses according to a number of embodiments of the present disclosure, three types of teeth may be defined in a virtual dental model: non-movable, anchorage, and normal. Para [0097] discloses a tooth that has been defined as non-movable is not allowed to move (i.e. non-moveable zone within the virtual model));
-wherein the patient’s teeth have movement with regard to successive versions of the aligner
Wu does not explicitly disclose but SHIVAPUJA teaches
-and generating multiple versions of an aligner configured to fit over the one or more implants and the patient’s teeth (SHIVAPUJA, para [0205]; Reference discloses In a modeling block 3702, virtual models are created for the orthodontia to be performed, resulting in the 3D-printing of various sets of 3D aligners that will apply forces to the teeth, in stages that are also determined by the models),
-wherein the patient’s teeth have movement with regard to successive versions of the aligner SHIVAPUJA, para [0207]-[0208]; Reference at para [0207] discloses next, virtual divot anchors are placed on the virtual teeth in the first virtual model, based on desired tooth movements. Para [0208] discloses next, a second virtual model of orthodontic teeth movement is generated, based on the first virtual model. The second virtual model generates virtual movements of the patient's teeth, and may generate multiple stages in which the modeled tooth movements are to occur. The number of stages for applying the orthodontia may be based on the Modulus of Elasticity (MOE) of various materials for multiple aligners to be staged on the patient's teeth (i.e. wherein the patient’s teeth have movement with regard to successive versions of the aligner)).
SHIVAPUJA does not explicitly disclose
-and as the non-moveable zone that remains in a fixed location (However, the primary reference Wu already establishes modeling of a patients teeth virtually with a non-moveable zone that remains fixed as it discloses in para [0096]-[0097] according to a number of embodiments of the present disclosure, three types of teeth may be defined in a virtual dental model: non-movable, anchorage, and normal. Para [0097] discloses a tooth that has been defined as non-movable is not allowed to move as the method is directed towards treatment steps for applying the orthodontic appliance such as an aligner (see para [0127]))
Wu and SHIVAPUJA are combinable because they are in the same field of endeavor regarding orthodontic modeling and adjustment. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the virtual dental tooth modeling system of Wu to include the direct 3D printed orthodontic aligner features of SHIVAPUJA in order to provide the user with a system for adjusting tooth position in a virtual dental model to reduce space and collision as taught by Wu while incorporating the direct 3D printed orthodontic aligner features of SHIVAPUJA to allow for direct 3D printing of orthodontic aligners having torque, rotation, and full-control anchors divots which reduces steps involved in conventional aligner manufacturing methods and provides better adaptation and fit, applicable to improving the aligner development processes as taught in Wu.
In regards to claim 2. Wu in view of SHIVAPUJA teach the method of claim 1.
Wu further discloses
-wherein the implants comprise any one of a temporary anchorage device or a palatal anchorage appliance (Wu, para [0097]; Reference discloses a tooth that has been defined as non-movable is not allowed to move. Examples of such teeth can include a pontic, a crown, a bridge, and a partially erupted tooth, among others (i.e. crown and bridge interpreted as a temporary anchorage device or a palatal anchorage appliance)).
In regards to claim 3. Wu in view of SHIVAPUJA teach the method of claim 1.
Wu further discloses
-wherein the determining a non-moveable zone about the model comprises: receiving a user input for the selection of an area about the model designating a portion of the model non-moveable zone (Wu, para [0096]-[0097]; Reference at para [0096] discloses according to a number of embodiments of the present disclosure, three types of teeth may be defined in a virtual dental model: non-movable, anchorage, and normal. Para [0097] discloses a tooth that has been defined as non-movable is not allowed to move (i.e. non-moveable zone within the virtual model)).
In regards to claim 5. Wu in view of SHIVAPUJA teach the method of claim 1.
Wu further discloses
-wherein the non-moveable zone is depicted, via the user interface, as a plane or a line indicating a cutting plane (Wu, para [0096] and [0100]; Reference at [0096] discloses after teeth are aligned in an archform of a particular jaw, crowding between adjacent teeth in the jaw may be resolved by moving one or more teeth along the archform, by IPR, and/or by adjustment of the archform. According to a number of embodiments of the present disclosure, three types of teeth may be defined in a virtual dental model: non-movable, anchorage, and normal. Para [0100] discloses considering the factors described herein, a cost function can be optimized to solve mobility, space, IPR, and/or midline considerations. Midline can refer to a middle line between two central incisors and midline shift can refer to a distance that a point on the midline shifts after the teeth have been adjusted (e.g., either physically or in the virtual dental model) (i.e. resolving crowding via archform adjustment where teeth are categorized in the virtual model as non-movable and factors include a midline considerations for teeth interpreted as wherein the non-moveable zone is depicted, via the user interface, as a plane).
In regards to claim 7. Wu in view of SHIVAPUJA teach the method of claim 1.
Wu further discloses
-wherein the non-moveable zone is geometrically aligned with the one or more implants (Wu, para [0096]; Reference discloses FIG. 9 illustrates a virtual dental model 951 including crowding between teeth according to one or more embodiments of the present disclosure. After teeth are aligned in an archform of a particular jaw, crowding between adjacent teeth in the jaw may be resolved by moving one or more teeth along the archform, by IPR, and/or by adjustment of the archform. According to a number of embodiments of the present disclosure, three types of teeth may be defined in a virtual dental model: non-movable, anchorage, and normal. Alignment takes place initially for the dental model which includes non0moveable and anchorage teeth thus interpreted as the non-moveable zone is geometrically aligned with the one or more implants).
In regards to claim 8. Wu discloses a system comprising at least one processor (Wu, Abstract) configured to perform the operations of:
-displaying, via a user interface (Wu, para [0130]; Reference discloses as illustrated in the embodiment of FIG. 11, a system can include one or more input and/or output interfaces 1186), a model of a patient’s teeth and the patient’s palate and/or the buccal shelf area, wherein the palate and/or the buccal shelf area depict one or more implants (Wu, Fig. 2 and Fig. 4 and para [0057] and [0097]; Reference discloses FIG. 4 illustrates an occlusogram 410 of a virtual dental model 451 of a jaw 455 according to one or more embodiments of the present disclosure. Fig. 2 illustrates buccal ridges of teeth). Para [0097] discloses a tooth that has been defined as non-movable is not allowed to move. Examples of such teeth can include a pontic, a crown, a bridge, and a partially erupted tooth, among others (i.e. implants).);
-determining a non-moveable zone about the model (Wu, para [0096]-[0097]; Reference at para [0096] discloses according to a number of embodiments of the present disclosure, three types of teeth may be defined in a virtual dental model: non-movable, anchorage, and normal. Para [0097] discloses a tooth that has been defined as non-movable is not allowed to move (i.e. non-moveable zone within the virtual model));
-wherein the patient’s teeth have movement with regard to successive versions of the aligner
Wu does not explicitly disclose but SHIVAPUJA teaches
-and generating multiple versions of an aligner configured to fit over the one or more implants and the patient’s teeth (SHIVAPUJA, para [0205]; Reference discloses In a modeling block 3702, virtual models are created for the orthodontia to be performed, resulting in the 3D-printing of various sets of 3D aligners that will apply forces to the teeth, in stages that are also determined by the models),
-wherein the patient’s teeth have movement with regard to successive versions of the aligner SHIVAPUJA, para [0207]-[0208]; Reference at para [0207] discloses next, virtual divot anchors are placed on the virtual teeth in the first virtual model, based on desired tooth movements. Para [0208] discloses next, a second virtual model of orthodontic teeth movement is generated, based on the first virtual model. The second virtual model generates virtual movements of the patient's teeth, and may generate multiple stages in which the modeled tooth movements are to occur. The number of stages for applying the orthodontia may be based on the Modulus of Elasticity (MOE) of various materials for multiple aligners to be staged on the patient's teeth (i.e. wherein the patient’s teeth have movement with regard to successive versions of the aligner)).
SHIVAPUJA does not explicitly disclose
-and as the non-moveable zone that remains in a fixed location (However, the primary reference Wu already establishes modeling of a patients teeth virtually with a non-moveable zone that remains fixed as it discloses in para [0096]-[0097] according to a number of embodiments of the present disclosure, three types of teeth may be defined in a virtual dental model: non-movable, anchorage, and normal. Para [0097] discloses a tooth that has been defined as non-movable is not allowed to move as the method is directed towards treatment steps for applying the orthodontic appliance such as an aligner (see para [0127]))
Wu and SHIVAPUJA are combinable because they are in the same field of endeavor regarding orthodontic modeling and adjustment. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the virtual dental tooth modeling system of Wu to include the direct 3D printed orthodontic aligner features of SHIVAPUJA in order to provide the user with a system for adjusting tooth position in a virtual dental model to reduce space and collision as taught by Wu while incorporating the direct 3D printed orthodontic aligner features of SHIVAPUJA to allow for direct 3D printing of orthodontic aligners having torque, rotation, and full-control anchors divots which reduces steps involved in conventional aligner manufacturing methods and provides better adaptation and fit, applicable to improving the aligner development processes as taught in Wu.
In regards to claim 9. Wu in view of SHIVAPUJA teach the system of claim 1.
Wu further discloses
-wherein the implants comprise any one of a temporary anchorage device or a palatal anchorage appliance (Wu, para [0097]; Reference discloses a tooth that has been defined as non-movable is not allowed to move. Examples of such teeth can include a pontic, a crown, a bridge, and a partially erupted tooth, among others (i.e. crown and bridge interpreted as a temporary anchorage device or a palatal anchorage appliance)).
Wu and SHIVAPUJA are combinable because they are in the same field of endeavor regarding orthodontic modeling and adjustment. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the virtual dental tooth modeling system of Wu to include the direct 3D printed orthodontic aligner features of SHIVAPUJA in order to provide the user with a system for adjusting tooth position in a virtual dental model to reduce space and collision as taught by Wu while incorporating the direct 3D printed orthodontic aligner features of SHIVAPUJA to allow for direct 3D printing of orthodontic aligners having torque, rotation, and full-control anchors divots which reduces steps involved in conventional aligner manufacturing methods and provides better adaptation and fit, applicable to improving the aligner development processes as taught in Wu.
In regards to claim 10. Wu in view of SHIVAPUJA teach the system of claim 1.
Wu further discloses
-wherein the determining a non-moveable zone about the model comprises: receiving a user input for the selection of an area about the model designating a portion of the model non-moveable zone (Wu, para [0096]-[0097]; Reference at para [0096] discloses according to a number of embodiments of the present disclosure, three types of teeth may be defined in a virtual dental model: non-movable, anchorage, and normal. Para [0097] discloses a tooth that has been defined as non-movable is not allowed to move (i.e. non-moveable zone within the virtual model)).
In regards to claim 12. Wu in view of SHIVAPUJA teach the system of claim 1.
Wu further discloses
-wherein the non-moveable zone is depicted, via the user interface, as a plane or a line indicating a cutting plane (Wu, para [0096] and [0100]; Reference at [0096] discloses after teeth are aligned in an archform of a particular jaw, crowding between adjacent teeth in the jaw may be resolved by moving one or more teeth along the archform, by IPR, and/or by adjustment of the archform. According to a number of embodiments of the present disclosure, three types of teeth may be defined in a virtual dental model: non-movable, anchorage, and normal. Para [0100] discloses considering the factors described herein, a cost function can be optimized to solve mobility, space, IPR, and/or midline considerations. Midline can refer to a middle line between two central incisors and midline shift can refer to a distance that a point on the midline shifts after the teeth have been adjusted (e.g., either physically or in the virtual dental model) (i.e. resolving crowding via archform adjustment where teeth are categorized in the virtual model as non-movable and factors include a midline considerations for teeth interpreted as wherein the non-moveable zone is depicted, via the user interface, as a plane).
In regards to claim 14. Wu in view of SHIVAPUJA teach the system of claim 1.
Wu further discloses
-wherein the non-moveable zone is geometrically aligned with the one or more implants (Wu, para [0096]; Reference discloses FIG. 9 illustrates a virtual dental model 951 including crowding between teeth according to one or more embodiments of the present disclosure. After teeth are aligned in an archform of a particular jaw, crowding between adjacent teeth in the jaw may be resolved by moving one or more teeth along the archform, by IPR, and/or by adjustment of the archform. According to a number of embodiments of the present disclosure, three types of teeth may be defined in a virtual dental model: non-movable, anchorage, and normal. Alignment takes place initially for the dental model which includes non-moveable and anchorage teeth thus interpreted as the non-moveable zone is geometrically aligned with the one or more implants).
In regards to claim 15. Wu discloses Non-transitory computer storage medium that stores executable program instructions that when executed by at least one computing devices (Wu, Abstract), configure the at least one computing devices to perform operations comprising:
-displaying, via a user interface (Wu, para [0130]; Reference discloses as illustrated in the embodiment of FIG. 11, a system can include one or more input and/or output interfaces 1186), a model of a patient’s teeth and the patient’s palate and/or the buccal shelf area, wherein the palate and/or the buccal shelf area depict one or more implants (Wu, Fig. 2 and Fig. 4 and para [0057] and [0097]; Reference discloses FIG. 4 illustrates an occlusogram 410 of a virtual dental model 451 of a jaw 455 according to one or more embodiments of the present disclosure. Fig. 2 illustrates buccal ridges of teeth). Para [0097] discloses a tooth that has been defined as non-movable is not allowed to move. Examples of such teeth can include a pontic, a crown, a bridge, and a partially erupted tooth, among others (i.e. implants).);
-determining a non-moveable zone about the model (Wu, para [0096]-[0097]; Reference at para [0096] discloses according to a number of embodiments of the present disclosure, three types of teeth may be defined in a virtual dental model: non-movable, anchorage, and normal. Para [0097] discloses a tooth that has been defined as non-movable is not allowed to move (i.e. non-moveable zone within the virtual model));
-wherein the patient’s teeth have movement with regard to successive versions of the aligner
Wu does not explicitly disclose but SHIVAPUJA teaches
-and generating multiple versions of an aligner configured to fit over the one or more implants and the patient’s teeth (SHIVAPUJA, para [0205]; Reference discloses In a modeling block 3702, virtual models are created for the orthodontia to be performed, resulting in the 3D-printing of various sets of 3D aligners that will apply forces to the teeth, in stages that are also determined by the models),
-wherein the patient’s teeth have movement with regard to successive versions of the aligner SHIVAPUJA, para [0207]-[0208]; Reference at para [0207] discloses next, virtual divot anchors are placed on the virtual teeth in the first virtual model, based on desired tooth movements. Para [0208] discloses next, a second virtual model of orthodontic teeth movement is generated, based on the first virtual model. The second virtual model generates virtual movements of the patient's teeth, and may generate multiple stages in which the modeled tooth movements are to occur. The number of stages for applying the orthodontia may be based on the Modulus of Elasticity (MOE) of various materials for multiple aligners to be staged on the patient's teeth (i.e. wherein the patient’s teeth have movement with regard to successive versions of the aligner)).
SHIVAPUJA does not explicitly disclose
-and as the non-moveable zone that remains in a fixed location (However, the primary reference Wu already establishes modeling of a patients teeth virtually with a non-moveable zone that remains fixed as it discloses in para [0096]-[0097] according to a number of embodiments of the present disclosure, three types of teeth may be defined in a virtual dental model: non-movable, anchorage, and normal. Para [0097] discloses a tooth that has been defined as non-movable is not allowed to move as the method is directed towards treatment steps for applying the orthodontic appliance such as an aligner (see para [0127]))
Wu and SHIVAPUJA are combinable because they are in the same field of endeavor regarding orthodontic modeling and adjustment. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the virtual dental tooth modeling system of Wu to include the direct 3D printed orthodontic aligner features of SHIVAPUJA in order to provide the user with a system for adjusting tooth position in a virtual dental model to reduce space and collision as taught by Wu while incorporating the direct 3D printed orthodontic aligner features of SHIVAPUJA to allow for direct 3D printing of orthodontic aligners having torque, rotation, and full-control anchors divots which reduces steps involved in conventional aligner manufacturing methods and provides better adaptation and fit, applicable to improving the aligner development processes as taught in Wu.
In regards to claim 16. Wu in view of SHIVAPUJA teach the non-transitory computer storage medium of claim 15.
Wu further discloses
-wherein the implants comprise any one of a temporary anchorage device or a palatal anchorage appliance (Wu, para [0097]; Reference discloses a tooth that has been defined as non-movable is not allowed to move. Examples of such teeth can include a pontic, a crown, a bridge, and a partially erupted tooth, among others (i.e. crown and bridge interpreted as a temporary anchorage device or a palatal anchorage appliance)).
In regards to claim 17. Wu in view of SHIVAPUJA teach the non-transitory computer storage medium of claim 15.
Wu further discloses
-wherein the determining a non-moveable zone about the model comprises: receiving a user input for the selection of an area about the model designating a portion of the model non-moveable zone (Wu, para [0096]-[0097]; Reference at para [0096] discloses according to a number of embodiments of the present disclosure, three types of teeth may be defined in a virtual dental model: non-movable, anchorage, and normal. Para [0097] discloses a tooth that has been defined as non-movable is not allowed to move (i.e. non-moveable zone within the virtual model)).
In regards to claim 19. Wu in view of SHIVAPUJA teach the non-transitory computer storage medium of claim 15.
Wu further discloses
-wherein the non-moveable zone is depicted, via the user interface, as a plane or a line indicating a cutting plane (Wu, para [0096] and [0100]; Reference at [0096] discloses after teeth are aligned in an archform of a particular jaw, crowding between adjacent teeth in the jaw may be resolved by moving one or more teeth along the archform, by IPR, and/or by adjustment of the archform. According to a number of embodiments of the present disclosure, three types of teeth may be defined in a virtual dental model: non-movable, anchorage, and normal. Para [0100] discloses considering the factors described herein, a cost function can be optimized to solve mobility, space, IPR, and/or midline considerations. Midline can refer to a middle line between two central incisors and midline shift can refer to a distance that a point on the midline shifts after the teeth have been adjusted (e.g., either physically or in the virtual dental model) (i.e. resolving crowding via archform adjustment where teeth are categorized in the virtual model as non-movable and factors include a midline considerations for teeth interpreted as wherein the non-moveable zone is depicted, via the user interface, as a plane).
In regards to claim 21. Wu in view of SHIVAPUJA teach the non-transitory computer storage medium of claim 15.
Wu further discloses
-wherein the non-moveable zone is geometrically aligned with the one or more implants (Wu, para [0096]; Reference discloses FIG. 9 illustrates a virtual dental model 951 including crowding between teeth according to one or more embodiments of the present disclosure. After teeth are aligned in an archform of a particular jaw, crowding between adjacent teeth in the jaw may be resolved by moving one or more teeth along the archform, by IPR, and/or by adjustment of the archform. According to a number of embodiments of the present disclosure, three types of teeth may be defined in a virtual dental model: non-movable, anchorage, and normal. Alignment takes place initially for the dental model which includes non0moveable and anchorage teeth thus interpreted as the non-moveable zone is geometrically aligned with the one or more implants).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: See the Notice of References Cited (PTO-892)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRELL M ROBINSON whose telephone number is (571)270-3526. The examiner can normally be reached 8am-5pm.
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, KENT CHANG can be reached at 571-272-7667. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TERRELL M ROBINSON/Primary Examiner, Art Unit 2614
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