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 . Claims 1-18 filed on 5/8/2024 have been reviewed and considered by this office action.
Information Disclosure Statement
The information disclosure statement filed on 9/3/2025 has been reviewed and considered by this office action.
Drawings
The drawings filed on 5/8/2024 have been reviewed and are considered acceptable.
Specification
The specification filed on 5/8/2024 has been reviewed and is considered acceptable.
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 1-18 are rejected under 35 U.S.C. 101 because the claimed invention is directed towards an abstract idea without significantly more. Claim 1 recites, “generating a three-dimensional digital corrugated surface, the corrugation of the three-dimensional digital corrugated surface being defined by a waveform comprising local minima and maxima, the three-dimensional digital corrugated surface extending along a reference plane extending perpendicular to a longitudinal direction of the teeth, with the corrugation extending in the longitudinal direction,”, “overlaying the three-dimensional digital jaw model with the three-dimensional digital corrugated surface, the overlaying comprising adjusting the waveform using the tooth positions, such that the local minima of the waveform are arranged at the positions of the teeth, while the local maxima of the waveform are arranged between the positions of the teeth,”, and “generating the three-dimensional digital guide model of the physical preparation guide using the three-dimensional digital corrugated surface with the adjusted waveform and the three-dimensional digital jaw model,”, which analyzed under Step 2A Prong One, involves generating models using waveform models employing mathematical formulas as detailed in paragraph [0013] of the filed specification and thus falls within the, “Mathematical Concepts” grouping of abstract ideas.
This judicial exception is not integrated into a practical application. Claim 1 further recites, “providing data for controlling a manufacturing of the physical preparation guide, the data defining the three-dimensional digital guide model as a template for the physical preparation guide.”, which analyzed under Step 2A Prong Two, simply describes sending data to be used for manufacturing without defining any manufacturing equipment for receiving and utilizing the received data to produce the dental object and thus merely applies the use of the judicial exception (see MPEP 2106.05(f)). Additionally, claim 1 recites, “receiving a three-dimensional digital jaw model of the patient’s jaw,” and “receiving a definition of tooth positions of a set of teeth comprising a plurality of teeth, the tooth positions comprising one or more target tooth positions for one or more artificial teeth comprised by the set of teeth,”, which analyzed under Step 2A Prong Two, adds insignificant extra solution activity in the form of mere data gathering (see MPEP 2106.05(g)).
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because as analyzed under Step 2B, the additional elements merely amount to gathering dental guide data for a dental product and sending the data over a network. Analyzed under Berkheimer, the act of gathering and sending data over a network has been deemed as well-understood, routine, and conventional by the courts (see MPEP 2106.05(d)(II), “sending/receiving data over a network”).
Independent claims 16 and 17 are substantially similar to claim 1 and are thus rejected using the same analysis above.
Dependent claims 2-14 are further evaluated for being directed towards and abstract idea without significantly more. Claims 11 and 12, include further limitations of generating models and defining tooth positions, which analyzed under Step 2A Prong One, include further limitations of utilizing mathematical formulas for generating aspects of dental models and thus fall within the, “Mathematical Concepts” grouping of abstract ideas.
This judicial exception is not integrated into a practical application. Claim 11 additionally includes limitations of receiving data, which analyzed under Step 2A Prong Two, adds insignificant extra solution activity in the form of mere data gathering (see MPEP 2106.05(g)). Finally, claims 2-10 and 13-14, describe a plurality of subjects defining aspects about the waveform, aspects of the guide model, aspects of the jaw model, intent of preparation bone guide, the type of scan used to image the patients jaw, aspects of the drilling guide, and the type of teeth modeled, all of which just provide context of the invention without adding any limitations to help integrate the application into a practical application, which analyzed under Step 2A Prong Two, just merely link the use of the judicial exception to a particular technological environment or field of use (see MPEP 2106.05(h)).
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because as analyzed under Step 2B, the additional elements merely amount to gathering dental guide data for a dental product and sending the data over a network. Analyzed under Berkheimer, the act of gathering and sending data over a network has been deemed as well-understood, routine, and conventional by the courts (see MPEP 2106.05(d)(II), “sending/receiving data over a network”).
***Examiner’s note: the office would like to make note of dependent claims 15 and 18, as both of these claims positively recite using manufacturing equipment to produce a physical copy of the device designed by the preparation guide, which positively shows using the abstract idea to create something which represents significantly more than the abstract idea itself. Incorporating these limitations into the independent claims would help to overcome the current 101 rejection.***
Allowable Subject Matter
The office would like to first preface that the present application currently has a 35 U.S.C. 101 rejection that must be resolved prior to consideration for allowance.
The following is a statement of reasons for the indication of allowable subject matter:
The independent claims recite: “A method for generating a three-dimensional digital guide model of a physical preparation guide for a dental preparation of a patient’s jaw, the method comprising:
receiving a three-dimensional digital jaw model of the patient’s jaw,
receiving a definition of tooth positions of a set of teeth comprising a plurality of teeth, the tooth positions comprising one or more target tooth positions for one or more artificial teeth comprised by the set of teeth,
generating a three-dimensional digital corrugated surface, the corrugation of the three-dimensional digital corrugated surface being defined by a waveform comprising local minima and maxima, the three-dimensional digital corrugated surface extending along a reference plane extending perpendicular to a longitudinal direction of the teeth, with the corrugation extending in the longitudinal direction,
overlaying the three-dimensional digital jaw model with the three-dimensional digital corrugated surface, the overlaying comprising adjusting the waveform using the tooth positions, such that the local minima of the waveform are arranged at the positions of the teeth, while the local maxima of the waveform are arranged between the positions of the teeth,
generating the three-dimensional digital guide model of the physical preparation guide using the three-dimensional digital corrugated surface with the adjusted waveform and the three-dimensional digital jaw model,
providing data for controlling a manufacturing of the physical preparation guide, the data defining the three-dimensional digital guide model as a template for the physical preparation guide.”
This application describes a digital way to design a guide used in dental preparation of a patient’s jaw. It starts with a 3D model of the jaw and with planned tooth positions, especially where artificial teeth will go. The software creates a corrugated, wave-like surface and places its low points at tooth locations and its high points between teeth. That shaped surface is then overlaid on the jaw model to define where bone or gum tissue should be removed, rebuilt, or otherwise shaped. The resulting digital guide model can be made into a physical splint or template. In some versions, the guide is for bone reduction, bone reconstruction, gingiva shaping, or drilling for implants. The guide may also include through-holes for drilling and fastening. The 3D jaw model may come from CT, CBCT, or optical scan data. The corrugated shape is intended to better match the geometry of artificial teeth and preserve as much natural tissue as possible. The same digital workflow can also drive manufacturing of the physical guide by 3D printing, machining, or casting.
The closest prior art of record is Cahill et al. (US PGPUB 20090220134) and Jones et al. (US Patent 7,063,532). Cahill discloses a system and method for creating a dental preparation guide by imaging the surface of a patients teeth and combining it with a CT volumetric scan to create a combined model of the patients mouth. This model can then be utilized to construct a surgical drill guide as well as a guide for a prosthetic part that can then be installed in the patient. The reference of Jones teaches a system and method for subdividing a dentition model by receiving a 3D model of the patients teeth, creating a 2D cross-section from the 3D model, and finally analyze the 2D model to identify features and boundaries between each of the teeth. The method does this by identifying local minima which and maxima based on detected voxels, wherein these local minima and maxima can define the location of teeth as well as the positions between each teeth. However, neither Cahill nor Jones, alone or in combination, account for any artificial teeth contained within a patients model nor do they employ the use of a 3D waveform model for modeling the various teeth positions which can then be utilized to design a dental preparation guide for a patient.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wang et al. (US PGPUB 20230113425): disclose a system and method for modeling a patients mouth in preparation for a dental crown, wherein the system models the tooth including all the spacing between adjacent teeth and from the model, generates a dental guide for creating and installing the crown.
Bielser et al. (US PGPUB 20230087800): disclose an automated dental preparation system and method for modeling a patients jaw by modeling the teeth as well as interdental gaps and from the analysis, generating a best fit tooth number as well as a preparation guide.
Matov et al. (US PGPUB 20080014588): disclose a system and method for modeling a patients teeth by generating a 2D model and analyzing the model for detecting various peaks and valleys to identify and model specific teeth location, from which, a dental preparation guide can be created.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER W CARTER whose telephone number is (469)295-9262. The examiner can normally be reached 9-6:30.
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/CHRISTOPHER W CARTER/Examiner, Art Unit 2117
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