DETAILED ACTION
The present application is being examined under the pre-AIA first to invent provisions.
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/31/25 has been entered.
Response to Arguments
Response: Double Patenting
1. Examiner Response:
The applicant states that a Terminal Disclaimer will be filed once the claims are
considered allowable. Therefore, the Double Patenting rejection is being maintained.
Response: 35 U.S.C. § 101
2. Applicants argue:
The applicant argues that the recent amendment to claim 1 that states “scanning a
patient's dentition using a scanning device to obtain a scan of the patient's dentition in a
current configuration” cannot be conducted in the human mind or with pencil and paper.
(Remarks: pages 7-8)
3. Examiner Response:
The examiner notes that the recent amendment that states “scanning a
patient's dentition using a scanning device to obtain a scan of the patient's dentition in a
current configuration” amounts to extra-solution activity of receiving data i.e. pre-solution
activity of gathering data for use in the claimed process, where the scanning taking place is to
obtain a scan of the patient’s dentition, see MPEP 2106.05(g).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine
grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being
unpatentable over claims 21, 24-29, 31-32 and 34-40 of U.S. Patent No. 11,986,369. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the instant claims are found in the parent application as noted above.
With respect to claim 1, U.S. Patent 11,986,369 teaches A computing device implemented method of digital treatment planning (Col. 2 lines 13-15 “Embodiments of the present disclosure include computing device related, system, and method embodiments for determining dental treatment difficulty”
U.S. Patent 11,986,369 teaches scanning a patient's dentition using a scanning device
to obtain a scan of the patient's dentition in a current configuration (Col. 3 lines lines 4-7 “Virtual dental models from a scan of a patient's dentition can be provided with computer-aided tooth-treatment systems. An initial digital data set (IDDS) representing an initial tooth arrangement may be obtained in a variety of ways”, Col. 3 lines 18-21 “ A positive model and/or negative impression of the patient's teeth or a tooth may be scanned using an X-ray, laser scanner, destructive scantier, structured light, and/or other range acquisition system to produce the IDDS.”
U.S. Patent 11,986,369 teaches wherein in the current configuration, a first tooth of the patient's dentition is in a first initial position and a second tooth of the patient's dentition is in a second initial position (Col. 2 lines 15-19 “For example, one or more method embodiments include, receiving an initial and subsequent position of each of a first tooth and a second tooth and calculating a change in position of each of the first tooth and the second tooth.”
U.S. Patent 11,986,369 teaches processing the scan of the patient’s dentition to derive a virtual three-dimensional (3D) model of the patient’s dentition (Col. 3 lines 4-7 “Virtual dental models from a scan of a patient's dentition can be provided with computer-aided tooth-treatment systems. An initial digital data set (IDDS) representing an initial tooth arrangement may be obtained in a variety of ways”
U.S. Patent 11,986,369 teaches wherein the virtual 3D model corresponds to an initial dental model of the patient’s arch in the current configuration, including the first tooth in the first initial position and the second tooth in the second initial position (Col. 3 lines 32-36 “One or more embodiments of the present disclosure include receiving a virtual IDDS and a desired position of a tooth contained in the virtual IDDS. The initial dental model 100 (e.g., virtual IDDS) can also include a model of an individual tooth (e.g., tooth 110-1) that is part of a full dental model, such as full dental model 100”
U.S. Patent 11,986,369 teaches generating a digital treatment plan for moving the patient’s dentition from the initial dental model toward a target dental model (Col. 3 line 67- Col. 4 lines 1-2 “For example, a patient and his or her treatment provider may plan to have the patient's teeth aligned to a particular desired position.”
U.S. Patent 11,986,369 teaches wherein the first tooth moves from the first initial position toward a first subsequent position and the second tooth moves from the second initial position toward a second subsequent position (Col. 2 lines 15-19 “For example, one or more method embodiments include, receiving an initial and subsequent position of each of a first tooth and a second tooth and calculating a change in position of each of the first tooth and the second tooth.”
U.S. Patent 11,986,369 teaches determining changes in position of the first and second teeth between the initial and target dental models relative to an arch line of the initial dental model by: projecting a first distance between the first initial position of the first tooth and the first subsequent position of the first tooth onto the arch line (Col. 4 lines 21-25 “The changes in position of each of the first tooth and the second tooth can be projected onto a reference line (e.g., an arch line) at 206. For instance, the center point of the tooth (e.g., the first and/or second tooth) at its initial and subsequent positions can be projected onto the reference line.”
U.S. Patent 11,986,369 teaches and projecting a second distance between the second initial position of the second tooth and the second subsequent position of the second tooth onto the arch line (Col. 4 lines 21-25 “The changes in position of each of the first tooth and the second tooth can be projected onto a reference line (e.g., an arch line) at 206. For instance, the center point of the tooth (e.g., the first and/or second tooth) at its initial and subsequent positions can be projected onto the reference line.”
U.S. Patent 11,986,369 teaches calculating an average change in position using a first change in position of the first tooth and a second change in position of the second tooth (Col. 4 lines 14-18 “For example, based on root movement measurements, an amount (e.g., an average amount) of mesial and/or distal movement of the first and second teeth in a quadrant can be calculated.”
U.S. Patent 11,986,369 teaches determining a treatment difficulty of anterior-posterior (A-P) correction by comparing the calculated average change in position to one or more threshold changes in position (Col. 4 lines 14-20 “For example, based on root movement measurements, an amount (e.g., an average amount) of mesial and/or distal movement of the first and second teeth in a quadrant can be calculated. This amount can be compared to one or more thresholds to determine an amount of A-P correction, as will be discussed further herein.”
U.S. Patent 11,986,369 teaches and adjusting the digital treatment plan when the average change in position is greater than at least one of the one or more threshold changes in position. (Col. 5 lines 4-13 “A determination regarding whether to adjust a dental treatment plan can also be made based on the threshold comparison. For example, if an original treatment plan was based on an assumption of A-P correction movement in the quadrant, hut it is determined that the calculated average change in position is less than a threshold, the original treatment plan may be changed. This may occur, for example, if it is determined that the treatment plan is too difficult, for instance, for a recommended treatment provider to perform.”).
With respect to claim 2, U.S. Patent 11,986,369 teaches wherein adjusting the digital treatment plan includes adjusting the first and second subsequent positions of respective first and second teeth such that the average change in position is within at least one of the one or more threshold changes in position. (Col. 5 lines 4-13 “A determination regarding whether to adjust a dental treatment plan can also be made based on the threshold comparison. For example, if an original treatment plan was based on an assumption of A-P correction movement in the quadrant, hut it is determined that the calculated average change in position is less than a threshold, the original treatment plan may be changed. This may occur, for example, if it is determined that the treatment plan is too difficult, for instance, for a recommended treatment provider to perform.”).
With respect to claim 3, U.S. Patent 11,986,369 teaches wherein the first and second distances are determined based on center points of the first and second teeth. (Col. 4 lines 8-14 “The distance between a center point of a tooth (e.g., the first and/or second tooth) in an initial position and a center point of the tooth in a subsequent position may be determined when calculating a change in position, and calculating the changes in position can further include calculating root movement measurements of the first tooth (e.g., canine tooth) and the second tooth (e.g., posterior tooth).”).
With respect to claim 4, U.S. Patent 11,986,369 teaches wherein the first and second distances are determined based on root movements of the first and second teeth. (Col. 4 lines 8-14 “The distance between a center point of a tooth (e.g., the first and/or second tooth) in an initial position and a center point of the tooth in a subsequent position may be determined when calculating a change in position, and calculating the changes in position can further include calculating root movement measurements of the first tooth (e.g., canine tooth) and the second tooth (e.g., posterior tooth).”).
With respect to claim 5, U.S. Patent 11,986,369 teaches wherein the first and second teeth are in the same quadrant of the patient’s dentition. (Col. 4 lines 62-66 “For example, if the threshold change in position is 4.0 millimeters, and the calculated average change in position is greater than 4.0 millimeters, then there is A-P correction movement in the quadrant containing the first and second teeth.”).
With respect to claim 6, U.S. Patent 11,986,369 teaches determining treatment difficulty of A-P correction for multiple quadrants of the patient’s dentition (Col. 2 lines 46-52 “Anterior-posterior (A-P) correction is a movement of teeth in a quadrant (e.g., upper left, upper right, lower left, lower right) when movements of teeth in a segment of the quadrant between a first molar and a canine, along an arch are all in a distal direction (e.g., toward the last tooth in a quadrant of a dental arch) or all in a mesial direction (e.g., direction toward an anterior midline in a dental arch).).
and adjusting the digital treatment plan for those quadrants having an average change in position that is greater than at least one of the one or more threshold changes in position. (Col. 5 lines 4-13 “A determination regarding whether to adjust a dental treatment plan can also be made based on the threshold comparison. For example, if an original treatment plan was based on an assumption of A-P correction movement in the quadrant, hut it is determined that the calculated average change in position is less than a threshold, the original treatment plan may be changed. This may occur, for example, if it is determined that the treatment plan is too difficult, for instance, for a recommended treatment provider to perform.”).
With respect to claim 7, U.S. Patent 11,986,369 teaches wherein the one or more threshold changes in position are based on a skill level of a treatment provider. (Col. 5 lines 28-34 “A determination regarding whether to adjust the dental treatment plan can be made based on a comparison of the dental treatment difficult to a treatment provider skill level. For example, a treatment provider may have certain abilities and/or a certain level of skill that allows for him or her to provide a particular level of treatment (e.g., at or below a certain treatment difficulty level).”).
With respect to claim 8, U.S. Patent 11,986,369 teaches wherein determining the treatment difficulty of A-P correction includes comparing the average change in position to a table of difficulty levels. (Col. 5 lines 14-17 “In some embodiments, a determined dental treatment difficulty can be compared to a table of difficulty ranges to determine a level of difficulty for a quadrant of teeth, among other benefits”
With respect to claim 9, U.S. Patent 11,986,369 teaches wherein the first and second distances are based on mesial and/or distal movements of respective first and second teeth. (Col. 4 lines 8-18 “The distance between a center point of a tooth (e.g., the first and/or second tooth) in an initial position and a center point of the tooth in a subsequent position may be determined when calculating a change in position, and calculating the changes in position can further include calculating root movement measurements of the first tooth (e.g., canine tooth) and the second tooth (e.g., posterior tooth). For example, based on root movement measurements, an amount (e.g., an average amount) of mesial and/or distal movement of the first and second teeth in a quadrant can be calculated.”).
With respect to claim 10, U.S. Patent 11,986,369 teaches wherein the first tooth is a canine tooth and the second tooth is a posterior tooth. (Col. 3 lines 63-65 “In various embodiments, the first tooth may be a canine tooth, and the second tooth may be a posterior tooth (e.g., a molar)”).
With respect to claim 11, U.S. Patent 11,986,369 teaches displaying one or more measures of treatment difficulty for the digital treatment plan using the treatment difficulty of A-P correction. (Col. 7 lines 1-3 “The processor 452 can execute instructions to provide a visual indication of a treatment plan and/or dental treatment difficulty on the display 466.”).
Claims 14 and 16-20 recite the same substantive limitations as claims 2-7 above, and are rejected using the same teachings.
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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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Under the broadest reasonable interpretation, the claims cover performance of the limitation in the mind or by pencil and paper and as a mathematical concept.
Claims 1 and 12
Regarding step 1, claims 1 and 12 is directed towards a method and a system, which has the claim fall within the eligible statutory categories of processes, machines, manufactures and composition of matter under 35 U.S.C. 101.
Claim 1
Regarding step 2A, prong 1, claim 1 recites wherein in the current configuration, a first tooth of the patient's dentition is in a first initial position and a second tooth of the patient's dentition is in a second initial position. This limitation doesn’t distinguish itself from being able to be conducted in the human mind or with pencil and paper. Therefore, under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claim 1 recites “processing the scan of the patient’s dentition to derive a virtual three-dimensional (3D) model of the patient’s dentition”. This limitation doesn’t distinguish itself from being able to be conducted in the human mind or with pencil and paper, where a patient’s dentition that is scanned can be processed. Therefore, under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claim 1 recites “wherein the virtual 3D model corresponds to an initial dental model of the patient’s arch in the current configuration including the first tooth in the first initial position and the second tooth in the second initial position”. Under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claim 1 recites “generating a digital treatment plan for moving the patient’s dentition from the initial dental model toward a target dental model”. Under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claim 1 recites “wherein the first tooth moves from the first initial position toward a first subsequent position and the second tooth moves from the second initial position toward a second subsequent position”. Under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claim 1 recites “determining changes in position of the first and second teeth between the initial and target dental models relative to an arch line of the initial dental model by: projecting a first distance between the first initial position of the first tooth and the first subsequent position of the first tooth onto the arch line”. This limitation doesn’t distinguish itself from being able to be conducted in the human mind or with pencil and paper. Therefore, under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claim 1 recites “and projecting a second distance between the second initial position of the second tooth and the second subsequent position of the second tooth onto the arch line”. This limitation doesn’t distinguish itself from being able to be conducted in the human mind or with pencil and paper. Therefore, under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claim 1 recites “calculating an average change in position using a first change in position of the first tooth and a second change in position of the second tooth”. This limitation is calculating an average change in position using the first change in position of the first tooth and the second change in position of the second tooth. Therefore, under MPEP 2106.04(a)(2), this limitation covers a mathematical concept, which falls in the “Mathematical Concept” grouping of abstract ideas.
Claim 1 recites “determining a treatment difficulty of anterior-posterior (A-P) correction by comparing the calculated average change in position to one or more threshold changes in position”. Under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claim 1 recites “and adjusting the digital treatment plan when the average change in position is greater than at least one of the one or more threshold changes in position.”. Under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Regarding step 2A, prong 2, the limitation of “scanning a patient's dentition using a
scanning device to obtain a scan of the patient's dentition in a current configuration”
amounts to extra-solution activity of receiving data i.e. pre-solution activity of gathering data for
use in the claimed process, where the scanning taking place is to obtain a scan of the patient’s
dentition, see MPEP 2106.05(g).
Further, the claim recites the additional elements of a virtual 3D model. The virtual 3D model are recited at a high level of generality such that it amounts no more than mere instructions to apply the exception using a computer and/or a generic computer component. Accordingly, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
Regarding Step 2B, the limitation of “scanning a patient's dentition using a
scanning device to obtain a scan of the patient's dentition in a current configuration” is also shown to reflect the court decisions of Versata Dev. Group, Inc. v. SAP Am., Inc. iv. Storing and retrieving information in memory, shown in MPEP 2106.05(d) (II).
Further, the claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of the virtual 3D model amounts no more than mere instructions to apply the exception using a generic computer component that does not impose any meaningful limits on practicing the abstract idea and therefore cannot provide an inventive concept (See MPEP 2106.05(b).
Claim 12
Regarding step 2A, prong 1, claim 12 recites “wherein in the current configuration, a first tooth of the patient's dentition is in a first initial position and a second tooth of the patient's dentition is in a second initial position”. This limitation doesn’t distinguish itself from being able to be conducted in the human mind or with pencil and paper. Therefore, under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claim 12 recites “processing the scan of the patient’s dentition to derive a virtual three-dimensional (3D) model of the patient’s dentition”. This limitation doesn’t distinguish itself from being able to be conducted in the human mind or with pencil and paper, where a patient’s dentition that is scanned can be processed. Therefore, under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claim 12 recites “wherein the virtual 3D model corresponds to an initial dental model of the patient’s arch in the current configuration including the first tooth in the first initial position and the second tooth in the second initial position”. Under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claim 12 recites “generating a digital treatment plan for moving the patient’s dentition from the initial dental model toward a target dental model”. Under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claim 12 recites “wherein the first tooth moves from the first initial position toward a first subsequent position and the second tooth moves from the second initial position toward a second subsequent position”. Under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claim 12 recites “determining changes in position of the first and second teeth between the initial and target dental models relative to an arch line of the initial dental model by: projecting a first distance between the first initial position of the first tooth and the first subsequent position of the first tooth onto the arch line”. This limitation doesn’t distinguish itself from being able to be conducted in the human mind or with pencil and paper. Therefore, under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claim 12 recites “and projecting a second distance between the second initial position of the second tooth and the second subsequent position of the second tooth onto the arch line”. This limitation doesn’t distinguish itself from being able to be conducted in the human mind or with pencil and paper. Therefore, under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claim 12 recites “calculating an average change in position using a first change in position of the first tooth and a second change in position of the second tooth”. This limitation is calculating an average change in position using the first change in position of the first tooth and the second change in position of the second tooth. Therefore, under MPEP 2106.04(a)(2), this limitation covers a mathematical concept, which falls in the “Mathematical Concept” grouping of abstract ideas.
Claim 12 recites “determining a treatment difficulty of anterior-posterior (A-P) correction by comparing the calculated average change in position to one or more threshold changes in position”. Under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claim 12 recites “and adjusting the digital treatment plan when the average change in position is greater than at least one of the one or more threshold changes in position.”. Under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Regarding step 2A, prong 2, the limitation of “scanning a patient's dentition using a
scanning device to obtain a scan of the patient's dentition in a current configuration”
amounts to extra-solution activity of receiving data i.e. pre-solution activity of gathering data for
use in the claimed process, where the scanning taking place is to obtain a scan of the patient’s
dentition, see MPEP 2106.05(g).
Further, the claim recites the additional elements of a processor, memory and virtual 3D model. The processor, memory and virtual 3D model are recited at a high level of generality such that it amounts no more than mere instructions to apply the exception using a computer and/or a generic computer component. Accordingly, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
Regarding Step 2B, the limitation of “scanning a patient's dentition using a
scanning device to obtain a scan of the patient's dentition in a current configuration” is also shown to reflect the court decisions of Versata Dev. Group, Inc. v. SAP Am., Inc. iv. Storing and retrieving information in memory, shown in MPEP 2106.05(d) (II).
Further, the claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of the computing device and virtual 3D model amounts no more than mere instructions to apply the exception using a generic computer component that does not impose any meaningful limits on practicing the abstract idea and therefore cannot provide an inventive concept (See MPEP 2106.05(b).
Claims 2 and 14
Dependent claims 2 and 14 recites “wherein adjusting the digital treatment plan includes adjusting the first and second subsequent positions of respective first and second teeth such that the average change in position is within at least one of the one or more threshold changes in position.”. Under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claims 3 and 16
Dependent claims 3 and 16 recites “wherein the first and second distances are determined based on center points of the first and second teeth.”. Under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claims 4 and 17
Dependent claims 4 and 17 recites “wherein the first and second distances are determined based on root movements of the first and second teeth.”. Under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claims 5 and 18
Dependent claims 5 and 18 recites “wherein the first and second teeth are in the same quadrant of the patient’s dentition.”. Under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claims 6 and 19
Dependent claims 6 and 19 recites “determining treatment difficulty of A-P correction for multiple quadrants of the patient’s dentition”. Under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Dependent claims 6 and 19 recites “and adjusting the digital treatment plan for those quadrants having an average change in position that is greater than at least one of the one or more threshold changes in position.”. Under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claims 7 and 20
Dependent claims 7 and 20 recites “wherein the one or more threshold changes in position are based on a skill level of a treatment provider.”. Under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claim 8
Dependent claim 8 recites “wherein determining the treatment difficulty of A-P correction includes comparing the average change in position to a table of difficulty levels.”. Under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claim 9
Dependent claim 9 recites “wherein the first and second distances are based on mesial and/or distal movements of respective first and second teeth.”. Under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claim 10
Dependent claim 10 recites “wherein the first tooth is a canine tooth and the second tooth is a posterior tooth.”. Under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claim 11
Dependent claim 11 recites “displaying one or more measures of treatment difficulty for the digital treatment plan using the treatment difficulty of A-P correction.”. This limitation amounts to insignificant extra-solution activity receiving data i.e. pre-solution activity of gathering data for use in the claimed process, where the build parameter is provided to a consolidation device to build the component, see MPEP 2106.05(g).
Claim 13
Dependent claim 13 recites “further comprising a display, wherein the method further comprises instructing the display to display one or more measures of treatment difficulty for the digital treatment plan based on the treatment difficulty of A-P correction.”. This limitation amounts to insignificant extra-solution activity receiving data i.e. pre-solution activity of gathering data for use in the claimed process, where the build parameter is provided to a consolidation device to build the component, see MPEP 2106.05(g).
Claim 15
Dependent claim 15 recites “wherein adjusting the digital treatment plan includes adjusting one or more of a type of dental treatment and a duration of dental treatment.”. Under the broadest reasonable interpretation, this limitation is a process step that covers performance in the human mind or with the aid of pencil and paper. As such, this limitation falls within the “Mental Process” grouping of abstract ideas.
Claims 1-20 are therefore not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
Allowable Subject Matter
Even with the recent amendment, the claims still contain allowable subject matter. The
reasons for allowance are shown in the previous office action dated 6/9/25.
Conclusion
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/BERNARD E COTHRAN/Examiner, Art Unit 2188
/RYAN F PITARO/Supervisory Patent Examiner, Art Unit 2188