Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant's election with traverse of Group II in the reply filed on December 3, 2025 is acknowledged. The traversal is on the ground(s) that Hansen does not teach the special technical feature. This is not found persuasive because the applicant is arguing limitations in only one grouping of the claims. It is noted that the special technical feature, is a feature that is found in each of the different grouping of the claims. The applicant is arguing that the special technical feature including the selection or synthesis of interproximal surface from geometric data not affiliate with the patient, as well of the use of anatomical averages, digital image libraries, or customizable algorithmic contact generation is not taught by Hanson. However, it is noted that these features are not special technical features shared amount the groups, as they are not required by each of the different groups. It is noted that if the above argued special technical features are in fact special, then the restriction would still be proper as it is not shared amount the groups. It is noted that the elected group does not have argued featured.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 234, 211, 121, 104a, 104b, 62, 26a, 24a, 24b, 26a, 26b, 28a, 28b, 31a, 31b, 32a, 32b, 33a, 33b. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 82, 84, 86, and 92. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 8-16 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hansen et al. (2018/0280116).
With respect to claim 8, Hansen discloses a method of forming a dental restoration, the method comprising positioning a first mold body 211 providing for a customized fit with at least one tooth of a patient, wherein the first mold body includes a portion corresponding with at least a first surface of the tooth and a first interproximal portion 216 corresponding with a first interproximal surface of the tooth and a second interproximal portion 216 corresponding with the second interproximal surface of the tooth (see annotated figure below, par. 52 regarding positioning in mouth, figs. 7-10); and positioning a second mold body 219 providing for a customized fit with the at least one tooth of the patient, wherein the second mold body includes a portion corresponding with a second surface of the tooth, and a first interproximal portion corresponding with a first interproximal surface of the tooth and a second interproximal portion corresponding with the second interproximal surface of the tooth (see figs. 7-10, pars. 43, 52, see annotated figure below), wherein the first interproximal portion of the first mold body and the first interproximal portion of the second mold body each have a patient-specific customized fit (par. 41-42 regarding customized fit, therefore it is a patient specific customized fit) and wherein the second interproximal portion of the first mold body and the second interproximal portion of the second mold body each have a patient-specific customized fit pars. 41-42), wherein the first mold body and second mold body combine with the tooth of the patient to form a mold cavity encompassing a portion of missing tooth structure of the tooth (see figs.8-10, pars. 44-48) and wherein a first portion of the missing tooth structure includes missing interproximal tooth structure (par. 26); introducing restorative material into the mold cavity (see step 304 in fig. 10, par. 52); curing the restorative material (see step 306 in fig. 10, par. 52); and removing the first mold body and second mold body from the at least one tooth (see step 308 in fig. 10, par. 52).
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440
493
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With respect to claim 9, Hansen further discloses wherein the first interproximal portion of the first mold body and the first interproximal portion of the second mold body are designed to fit together to provide a selected interproximal tooth structure and wherein the second interproximal portion of the first mold body and the second interproximal portion of the second mold body are each designed to fit together to provide a selected interproximal tooth structure, wherein the selected interproximal tooth structure allows a dentist to separate the interproximal tooth structure formed between adjacent teeth (see annotated figure above, par. 43, such that elements 221 and 213 on the interproximal portions mate to hold mold into place, each portion forms an individual mold cavity so that the portion formed by the mold is separated from adjacent teeth, par. 47 regarding distinct mold cavities).
With respect to claim 10, wherein the first interproximal portion of the first mold body and the first interproximal portion of the second mold body are substantially offset from one another along the mesial-distal axis (see annotated figure, such that the lower portion of the first interproximal portion of the first mold body is offset relative to the middle portion of the first interproximal portion of the second mold body).
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436
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With respect to claim 11, Hansen further discloses wherein the first interproximal portion of the first mold body includes a first region and a second region along the occlusal-gingival axis (see annotated figure below).
With respect to claim 12, Hansen further discloses wherein the first region includes a first thickness measured along the mesial-distal axis and wherein the second region includes a second thickness measured along the occlusal-gingival axis, and wherein the first thickness is less than the second thickness (see annotated figure above, such that the thickness of the second portion along the occlusal-gingival axis is the length of the portion extending along the occlusal-gingival axis, such that the second portion extends along a length greater than the thickness of the first portion along the mesial-distal axis..
With respect to claim 13, Hansen further discloses wherein the first interproximal portion of the second mold body includes a first region and a second region, wherein the first region includes a first thickness measured along the mesial-distal axis and wherein the second region includes a second thickness measured along the mesial-distal axis, and wherein the first thickness is less than the second thickness (see annotated figure below).
With respect to claim 14, Hansen further discloses wherein the first interproximal portion of the first mold body further includes third region along the occlusal-gingival axis, wherein the third region includes a third thickness measured along the mesial-distal axis, and wherein the second thickness is less than the third thickness (see annotated figure below, such that the thickness of the third portion along the mesial-distal axis is greater than the thickness, i.e. a length of the second portion along the occlusal-gingival axis).
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509
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With respect to claim 15, Hansen further discloses wherein the first interproximal of the first mold body has a first thickness measured along the mesial-distal axis, and the first interproximal of the second mold body has a second thickness measured along the mesial-distal axis, and the first thickness is less than the second thickness (see annotated figure below).
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With respect to claim 16, wherein the second interproximal portion of the second mold body has a first thickness measured along the mesial-distal axis and the second interproximal portion of the second mold body has a second thickness measured along the mesial-distal axis and wherein the first thickness is less than the second thickness (see annotated figure below).
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512
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With respect to claim 20, wherein the second mold body provides for a customized fit with at least three teeth of the patient, including a first tooth, a second tooth, and a third tooth, and wherein the second mold body includes a portion corresponding with a second surface of the first tooth, a second surface of the second tooth, and a third surface of the third tooth, wherein the first tooth corresponds to the at least one tooth (see figs. 7-9, such that is provides a customized fit with four teeth, each cavity of the first mold body 215a/215b and 212a/212b and 225a/22b and 220a/220b on the second mold body provides a customized surface of fitting with a tooth).
Allowable Subject Matter
Claims 17-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art fails to teach with respect to claim 17, wherein the first interproximal portion of the first mold body includes a first region, a second region, and a third region along the occlusal- gingival axis and wherein the first interproximal portion of the second mold body includes a first region, a second region, and a third region, and wherein the second region of the first interproximal portion of the first mold body includes a portion of an aperture and the second region of the first interproximal portion of the second mold body includes another portion of the aperture in combination with the other claimed limitations.
The prior art fails to teach with respect to claim 18, wherein the second interproximal portion of the first mold body includes a first region, a second region and a third region along the occlusal-gingival axis and wherein the second interproximal portion of the second mold body includes a first region, a second region, and a third region along the occlusal-gingival axis, and wherein the second region of the second interproximal portion of the first mold body includes a portion of an aperture and the second region of the second interproximal portion of the second mold body includes another portion of the aperture in combination with the other claimed limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HEIDI MARIE EIDE whose telephone number is (571)270-3081. The examiner can normally be reached Mon-Fri 9:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached at 571-270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HEIDI M EIDE/Primary Examiner, Art Unit 3772 12/30/2025