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 .
Claim Objections
Claim 31 is objected to because of the following informalities:
Claim 31:
Paragraph 5, line 7, recites the limitation "plurality of prompts". There is insufficient antecedent basis for this limitation in the claim.
. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 31, 44, 47 and dependent claims 32-43, 45-46, and 48-51 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claims 31, 44 and 47:
The paragraph beginning with, “generating…using an artificial intelligence model…”, describes generating the 3D representation of the predicted final position using an artificial intelligence model; however, the specification only describes using an artificial intelligence model to convert 2D images to 3D representations (refer to Paragraph [0083]). Generating the 3D representation of the predicted final position is accomplished using a trained neural network (refer to Paragraph [0064]). Examiner recommends Applicant amend the language of the claim to clearly state which type of model is used for generating the final position.
The paragraph beginning with, “displaying”:
“Sequence of on-screen prompts”, is not supported by the specification.
“Patient identification information”, is not supported by the specification.
All other claims not specifically addressed above are rejected based on their dependency on a previously rejected claim.
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 31-51 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 – Determination as to whether the claims are directed to a statutory category as specified in 35 U.S.C. 101 (MPEP 2106.03)
The claim(s) recite(s) a system for generating a treatment plan (claims 31-43) and two methods (44-46, 47-50) for generating a treatment plan. The claims fall into the categories of a product and process.
Step 2A Prong 1 – Determination as to whether the claims recite a Judicial Exception including an abstract idea, law of nature, or natural phenomenon (MPEP 2106.04)
Regarding claim 31, the system is disclosed as a smartphone with a processing circuit and memory. While the system is comprised of these components, the actual steps being performed by the processing circuit are abstract ideas: generating a 3D representation of teeth in a final position using an artificial intelligence model (mental process, mathematical concepts), causing an order for a dental aligner (mental process). The step of causing an order is not a physical step of producing an aligner. Further, an orthodontist and/or other user can perform the steps of generating a final tooth position in 3D form and ordering the aligners The steps of displaying the 3D visualization, prompting the user to guide the user through order and payment submission, and capturing the 2D representation of the teeth are extra-solution steps that do not amount to more than the abstract ideas.
Regarding dependent claims 32-34, and 41-43, the user input selection steps are further defined and do not amount to more than the abstract idea.
Regarding dependent claim 35, the stages of the treatment plan are further defined, which does not amount to more than the abstract idea.
Regarding dependent claims 36-37, the generating steps of the 3D representation and treatment plan are abstract ideas. The step of transmitting the plan to a fabrication system is extra-solution activity, not a step of physically producing an aligner.
Regarding claims 38 and 40, the claims are drawn to means of outputting the data (video, animation), which does not amount to more than the abstract idea.
Regarding claim 39, the step of validating the treatment plan is another mental process that can be performed by an orthodontist in verifying the plan meets required criteria.
Regarding claim 44, the method step of generating a 3D representation of teeth in a final position using an artificial intelligence model falls under mental processes and mathematical concepts, while the step of causing an order for a dental aligner is another mental process, as the step does not actually fabricate or manufacture an aligner, but sends the data to a fabrication system for manufacturing. An orthodontist and/or other user can perform the steps of generating a final tooth position in 3D form and ordering the aligners. The step of displaying the data for user selection is extra-solution activity.
Regarding dependent claim 45, the user input selection steps is further defined and does not amount to more than the abstract idea
Regarding dependent claim 46, the step of validating the treatment plan is another mental process that can be performed by an orthodontist in verifying the plan meets required criteria.
Regarding claim 47, the steps of capturing 2D tooth data, converting the 2D data to a 3D model, generating a final position and causing an order are mental processes performed by orthodontists in planning a treatment. The step of displaying the data for user selection is extra-solution activity.
Regarding dependent claims 48-49, the user input selection steps are further defined and do not amount to more than the abstract idea.
Regarding dependent claim 50, the stages of the treatment plan are further defined, which does not amount to more than the abstract idea.
Regarding dependent claim 51, the training of the artificial intelligence model further defines this abstract idea, and does not amount to more.
Step 2A, Prong Two – Determination as to whether the claims as a whole integrate the judicial exception into a practical application
This judicial exception is not integrated into a practical application because:
Regarding claims 31-51, the claimed invention does not recite additional elements that integrate the judicial exception into practical application because the additional elements, either alone or in combination, generally link the use of the above-identified abstract idea(s) to a particular technological environment or field of use (MPEP 2106.04(d)). The steps capturing 2D representations of the patient’s dentition is pre-solution activity that is conventional for providing a treatment plan. Further, displaying a graphical visualization for the user to be prompted via a selection process is post-solution activity that is merely used to output the data. In totality, the additional steps mentioned are insignificant extra solution activity and do not amount to an inventive concept, particularly when the activity is well-understood and conventional. User selection to complete an order for aligners and pay for these aligners on a mobile device is well-understood and conventional, and does not amount to an inventive concept. For at least these reasons and as claims 31-50 do not recite additional elements which integrate the judicial exception into a practical application, the abstract mental processes and mathematical concepts identified for claims 31-50 are not integrated into a practical application.
Step 2B – Determination as to whether the claims amount to significantly more than the judicial exception (MPEP 2106.05)
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because:
Regarding claims 31-51 , as set forth above with respect to Step 2A Prong One, the claimed method steps are all capable of being performed mentally and represent nothing more than concepts related to performing observations, evaluations, and judgements, which fall within the judicial exception. The claimed steps of capturing 2D tooth data, converting the 2D data to a 3D model, generating a final position and causing an order require nothing more than a generic computing processor. The disclosure does not describe additional features to suggest these devices are beyond a generic component for the apparatus. Additionally, the design method is not disclosed as improving the manner in which the apparatus (mobile device) operates. Mere recitation of generic conventional processing used in a conventional manner to perform conventional computer functions that are well understood and routine does not amount to “significantly more” than the judicial exception. The claims do not go beyond inputting data (capturing) and processing data (generating, converting, causing) with a standard computer.
Taking the additional elements individually and in combination, the additional elements do not provide significantly more. The claims set forth do not require that the method be implemented by a particular machine, as a mobile device is merely a computing device, and they do not require that the method particularly transforms a particular article. When viewed as a combination, the identified additional elements set forth a process of analyzing information of specific content and are not directed to any particularly asserted inventive technology for performing these functions. The disclosure and claims do not require anything beyond a generic computer to obtain and analyze the data according to mathematical algorithms. Therefore, the claimed method and apparatus fall within the judicial exception to patent eligible subject matter of an abstract idea without significantly more.
Claim Rejections - 35 USC § 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) 31-33, 36-37, 39-42 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Menon et al. (WO 2019217764 A1), herein Menon.
Regarding claim 31, Menon discloses a smartphone (106) comprising (refer to Paragraphs [0041], [0046], [0055]; the patient system 106 is operated by a smartphone; further, components of a patient-specific 3D medical appliance manufacturer system can be automated and implemented on a patient device (smartphone)):
a processing circuit (200-900, 1500-1600) comprising one or more processors (engines of 200-900, 1500-1600) and memory storing instructions (software) that when executed cause the processing circuit (200-900, 1500-1600) to (refer to Paragraph [0031]; a computer system can be implemented through multiple engines, an engine includes one or more processors; an engine can include software embodied in a computer-readable medium (memory) for execution by the processor):
capture a two-dimensional (2D) representation of one or more teeth of a user using a camera of the smartphone (106), wherein the user is a patient that is seeking treatment (1204) (refer to Paragraphs [0041], [0079], [0144]; an applicable engine such as a patient record processing engine obtains the patient record including self-captured 2D pictures of a patient body part (e.g., teeth); the patient record processing engine 504 obtains the self-captured images from a patient system (smartphone));
generate, using an artificial intelligence model and without use of dental impression data or intraoral scan data (refer to Paragraphs [0172]-[0173], Fig. 15; the image scanner (1504) and associated dental scan data (1506) includes 2D images from a 2D camera), a three-dimensional (3D) representation of the one or more teeth of the user based on the 2D representation, the 3D representation depicting the one or more teeth of the user in a predicted final position, the predicted final position including one or more teeth of the 2D representation being repositioned with respect to another of the one or more teeth of the 2D representation (1206) (refer to Paragraphs [0057], [0066], [0145], [0176]; an applicable engine such as a treatment plan communicating engine described in this paper receives 3D scanning data of a patient from an applicable sources, such as a medical practitioner system and/or a patient system; the medical practitioner system of Fig. 3 (300) generates 3D scanning data of a patient body part, based on 2D image data that has been obtained the medical practitioner system of Fig. 3 (300), segments (308) and determines a final position (310) based on the converted 3D scanning data; this paper assumes an appropriately configured AI takes the segmentation data and manipulates it to reach a desired final position; thus, the final position is a “predicted” position);
display a graphical visualization including the representation, on a patient- operated mobile application running on the smartphone (refer to Paragraph [0041]; the patient system 106 is intended to represent various applicable computing device(s) to be operated by a patient, such as a smartphone, and is further configured to receive treatment plan information), wherein the graphical visualization is configured to enable the user to make a selection, wherein the selection is a user input received on the smartphone to display the representation (1210) (refer to Paragraphs [0050]-[0051], [0097] [0146]; [0147]; an applicable engine such as a treatment plan communicating engine described in this paper provides the generated 3D medical appliance treatment plan to a patient system (106), for the patient’s consent; the treatment plan communicating engine 702 is configured to communicate with a patient system (106/200), which includes hardware configured to interface with a patient to obtain selections for review of the medical treatment plan; the treatment plan includes an expected post-treatment state);
wherein the graphical visualization includes a sequence of on-screen prompts presented to the user to guide the user through an order submission process, wherein the plurality of prompts include at least a payment process to receive payment information and patient identification information (refer to Paragraphs [0059], [0063], [0097], [0147]; the method (1200) discloses using an applicable engine such as a treatment plan communicating engine (702) during the approval process for the treatment plan; the treatment plan communicating engine (702) is configured to communicate with a medical practitioner system (300), which includes the patient registration engine 304 to receive age, gender, race, residence, which each represent a prompt; the patient transaction engine 312 represents hardware configured to enable a patient to purchase a 3D-printed medical appliance based medical treatment; the transaction includes a contract between a patient and a medical practitioner, and payment for the 3D-printed medical appliance based medical treatment, which each represent a prompt); and
causing an order for at least one dental aligner for repositioning the one or more teeth of the user according to a treatment plan to a position corresponding with the predicted final position to be transmitted over a cellular network to a fabrication system configured to manufacture the at least one dental aligner based on at least one of the 2D representation or the 3D representation, wherein the order initiates a payment using payment information of the user (refer to Paragraphs [0041], [0063], [0050], [0097], [0149]; an applicable engine such as a treatment plan communicating engine described in this paper provides the manufacturing request with the approved 3D appliance treatment plan to a manufacturer system; the treatment plan communicating engine is intended to represent hardware configured to communicate with a patient system (106/200); it is inherent that a smartphone patient system (106) communicates over a cellular network; the patient transaction engine 312 enables a patient to pay for the 3D-printed medical appliance based medical treatment).
Regarding claim 32, Menon discloses the smartphone of claim 31 (106), wherein the selection further comprises at least one of making a purchase based on the treatment plan (refer to Paragraph [0063]), submitting an order based on the treatment plan (1214) (refer to Paragraph [0149]; an applicable engine such as a treatment plan communicating engine described in this paper provides the manufacturing request with the approved 3D appliance treatment plan to a manufacturer system), selecting a preferred treatment plan (refer to Paragraph [0147]; the generated 3D medical appliance treatment plan is provided to a patient system, for the patient’s consent) making a payment based on the treatment plan (refer to Paragraph [0063]), or making an appointment based on the treatment plan.
Regarding claim 33, Menon discloses the smartphone of claim 31 (106), wherein displaying the graphical visualization comprises displaying one or more stages of the treatment plan (refer to Paragraphs [0146], [0147]; the generated 3D medical appliance treatment plan is directly provided to a patient system (106), for the patient’s consent; the treatment plan includes an expected post-treatment state).
Regarding claim 36, Menon discloses the smartphone of claim 31 (106), wherein the treatment plan is a first treatment plan (refer to Paragraphs [0146], [0151]; after module 1218, the flowchart 1200 returns to module 1204 for a new treatment plan; thus, the treatment plan generated in module 1208 is a first treatment plan), and wherein the memory stores instructions (software) that when executed cause the processing circuit (200-900, 1500-1600) to (refer to Paragraph [0031]):
generate a second 3D representation of the one or more teeth of the user, wherein the second 3D representation is generated based on a dental impression or intraoral scan data (1204) (refer to Paragraph [0145], Fig. 12; a treatment plan communicating engine (702) receives 3D data obtained by scanning the impress (impression kit)) and
generate a second treatment plan based on the second 3D representation (1208) (refer to Paragraphs [0096], [0143], [0146], Fig. 12; module 1208 generates a 3D appliance treatment plan by applying the patient record and the 3D scanning data to the dynamic 3D medical appliance treatment plan generation model, such as the engine of 700).
Regarding claim 37, Menon discloses the smartphone of claim 36 (106), wherein the memory stores instructions (software) that when executed cause the processing circuit (200+300+700+1500) (refer to Paragraph [0031]) to:
transmit the second treatment plan to the fabrication system configured to manufacture a plurality of dental aligners based on the second treatment plan, wherein the plurality of dental aligners are specific to the user and are configured to move the one or more teeth of the user according to the second treatment plan (1214) (refer to Paragraph [0149]; in module 1214 a treatment plan communicating engine (702) provides a manufacturing request to a manufacturer system for manufacturing a set of 3D-printed medical appliances specifically designed for the patient based on the approved 3D appliance treatment plan).
Regarding claim 39, Menon discloses the smartphone of claim 31 (106), wherein the treatment plan is validated prior to being provided to the smartphone (1210) (refer to Paragraphs [0051], [0147]; a medical practitioner can review the generated 3D medical appliance treatment plan for approval and then provide the plan to the patient system (106)).
Regarding claim 40, Menon discloses the smartphone of claim 31 (106), wherein the graphical visualization comprises at least one of a series of images or a video (refer to Paragraph [0071]; a 3D animation to show transition from a pre-treatment state to a post-treatment state may be generated, where an animation is defined as a series of still frames in sequence (Merriam-Webster)).
Regarding claim 41, Menon discloses the smartphone of claim 31 (106), wherein the selection comprises a user approval of the treatment plan or the predicted final position (1210) (refer to Paragraphs [0146], [0147]; a 3D appliance treatment plan may include an expected post-treatment state of the patient; the generated 3D medical appliance treatment plan is also provided to the patient for the patient’s consent; ), wherein the approval comprises one or more of providing the order (1214) (refer to Paragraph [0149]; an applicable engine such as a treatment plan communicating engine described in this paper provides the manufacturing request with the approved 3D appliance treatment plan to a manufacturer system), providing a request for an impression kit, providing the payment (refer to Paragraph [0063]), or providing the treatment plan or the 3D representation to (refer to Paragraph [0147]; the treatment plan is also provided to a medical practitioner).
Regarding claim 42, Menon discloses the smartphone of claim 31 (106), wherein the selection comprises a request to change the treatment plan or the predicted final position, wherein the request to change comprises an adjustment to the treatment plan or the predicted final position (1218) (refer to Paragraph [0151]; the dynamic 3D medical appliance treatment plan generation model, which includes the treatment plan from module 1210 is modified in module 1218).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 44-50 is/are rejected under 35 U.S.C. 103 as being unpatentable over Menon et al. (WO 2019217764 A1), herein Menon.
Regarding claim 44, Menon discloses a method of visualizing a treatment for teeth (1200), the method (1200) comprising:
capturing, by a processing circuit (200-900, 1500-1600), a two-dimensional (2D) representationof one or more teeth of a user using a camera, wherein the user is a patient that is seeking treatment (1204) (refer to Paragraph [0144]; the information on the pre-treatment state may include self-captured 2D pictures of a patient body part (e.g., teeth));
generating, by the processing circuit (200-900, 1500-1600) and using an artificial intelligence model and without use of dental impression data or intraoral scan data (refer to Paragraph [0144]; the information on the pre-treatment state may not include detailed 3D scanning data), a three-dimensional (3D) representation of the one or more teeth of the user based on the 2D representation, the 3D representation depicting the one or more teeth of the user in a predicted final position, the predicted final position including of the 2D representation being repositioned with respect to another of the one or more teeth of the 2D representation (1206) (refer to Paragraphs [0057], [0066], [0145], [0176]; an applicable engine, such as a treatment plan communicating engine described in this paper, receives 3D scanning data of a patient from an applicable sources, such as a medical practitioner system and/or a patient system; the medical practitioner system of Fig. 3 (300) generates 3D scanning data of a patient body part, based on 2D image data that has been obtained, segmenting (308) and determining a final position (310); this paper assumes an appropriately configured AI takes the segmentation data and manipulates it to reach a desired final position; thus, the final position is a “predicted” position);
displaying, by the processing circuit (200-900, 1500-1600) via a display of a smartphone operated by the user (106) (refer to Paragraph [0041]; the patient system 106 is intended to represent various applicable computing device(s) to be operated by a patient, such as a smartphone, and is further configured to receive treatment plan information) a graphical visualization including the 3D representation, wherein the graphical visualization is presented on a patient-operated mobile application (1210) (refer to Paragraphs [0146], [0048], [0147]; the generated 3D medical appliance treatment plan is directly provided to a patient system (106), for the patient’s consent; the treatment plan includes an expected post-treatment state),
causing, by the processing circuit (200-900, 1500-1600), an order for at least one dental aligner for repositioning the one or more teeth of the user according to a treatment plan to a position corresponding with the predicted final position to be transmitted over a cellular network to a fabrication system configured to manufacture the at least one dental aligner based on at least one of the 2D representation or the 3D representation (1214) (refer to Paragraphs [0041], [0050], [0097], [0149]; an applicable engine such as a treatment plan communicating engine described in this paper provides the manufacturing request with the approved 3D appliance treatment plan to a manufacturer system; the treatment plan communicating engine is intended to represent hardware configured to communicate with a patient system (106/200); it is inherent that a smartphone patient system (106) communicates over a cellular network),
The method (1200) does not explicitly disclose a sequence of on-screen prompts presented to the user to guide the user through an order submission process, the sequence of prompts including prompts to receive payment information and patient identification information from the user, wherein the graphical visualization is configured to enable the user to make a selection and further, wherein the order initiates a payment using payment information of the user.
Although these limitations are not disclosed as part of the method (1200), the method (1200) does disclose using an applicable engine such as a treatment plan communicating engine (702) during the approval process for the treatment plan (refer to Paragraph [0147]). The treatment plan communicating engine (702) is configured to communicate with a medical practitioner system (300) (refer to Paragraph [0097]). The medical practitioner system (300) includes a sequence of on-screen prompts presented to the user to guide the user through an order submission process, the sequence of prompts including prompts to receive payment information and patient identification information from the user, wherein the order initiates a payment using payment information of the user (refer to Paragraphs [0059], [0063]; the patient registration engine includes patient attributes (e.g., age, gender, race, residence, etc.), the patient transaction engine 312 represents hardware configured to enable a patient to purchase a 3D-printed medical appliance based medical treatment; the transaction includes a contract between a patient and a medical practitioner, and payment for the 3D-printed medical appliance based medical treatment, which each represent a prompt).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method (1200) to include a sequence of on-screen prompts presented to the user to guide the user through an order submission process to allow a user to purchase a 3D medical appliance and provide relevant patient identification information (refer to Paragraphs [0059], [0063]).
Regarding claim 45, Menon discloses the method of claim 44 (1200), wherein the selection comprises at least one of making a purchase based on the treatment plan, submitting an order based on the treatment plan (1214) (refer to Paragraph [0149]; an applicable engine such as a treatment plan communicating engine described in this paper provides the manufacturing request with the approved 3D appliance treatment plan to a manufacturer system), selecting a preferred treatment plan (1210) (refer to Paragraph [0147]; the generated 3D medical appliance treatment plan is provided to a patient system, for the patient’s consent) making a payment based on the treatment plan, or making an appointment based on the treatment plan.
Regarding claim 46, Menon discloses the method of claim 44 (1200), wherein the treatment plan is validated prior to providing the treatment plan to the smartphone (1210) (refer to Paragraphs [0051], [0147]; a medical practitioner can review the generated 3D medical appliance treatment plan for approval and then provide the plan to the patient system (106)).
Regarding claim 47, Menon discloses a method of visualizing a treatment for teeth (1200), the method (1200) comprising:
capturing, by a processing circuit (200-900, 1500-1600), a two-dimensional (2D) representation representing one or more teeth of a user using a camera of the smartphone (106), wherein the user is a patient that is seeking treatment (1204) (refer to Paragraphs [0041], [0079], [0144]; an applicable engine such as a patient record processing engine obtains the patient record including self-captured 2D pictures of a patient body part (e.g., teeth); the patient record processing engine 504 obtains the self-captured images from a patient system (smartphone));
converting, by the processing circuit (200-900, 1500-1600), the 2D representation into a first three- dimensional (3D) representation of the one or more teeth of the user based on the 2D representation (1206) (refer to Paragraphs [0057], [0066], [0145], [0176]; an applicable engine such as a treatment plan communicating engine described in this paper receives 3D scanning data of a patient from an applicable sources, such as a medical practitioner system and/or a patient system; the medical practitioner system of Fig. 3 (300) generates 3D scanning data of a patient body part, based on 2D image data that has been obtained);
generating, by the processing circuit (200-900, 1500-1600) and using an artificial intelligence model and without use of dental impression data or intraoral scan data (refer to Paragraph [0144]; the information on the pre-treatment state may not include detailed 3D scanning data), a second 3D representation of the one or more teeth of the user based on the first 3D representation, the second 3D representation depicting the one or more teeth of the user in a predicted final position, the predicted final position including one or more of the one or more teeth being repositioned with respect to another of the one or more teeth captured in the 2D representation (1206) (refer to Paragraphs [0057], [0066], [0145], [0176]; the medical practitioner system of Fig. 3 (300) segments (308) and determines a final position (310) based on the converted 3D scanning data; this paper assumes an appropriately configured AI takes the segmentation data and manipulates it to reach a desired final position; thus the final position is a “predicted” position);
displaying, by the processing circuit (200-900, 1500-1600) via a display of the smartphone (refer to Paragraph [0041]; the patient system 106 is intended to represent various applicable computing device(s) to be operated by a patient, such as a smartphone, and is further configured to receive treatment plan information), a graphical visualization including the second 3D representation, on a patient-operated mobile application, wherein the graphical visualization is configured to enable the user to make a selection (1210) (refer to Paragraphs [0050]-[0051], [0097] [0146]; [0147]; an applicable engine such as a treatment plan communicating engine described in this paper provides the generated 3D medical appliance treatment plan to a patient system (106), for the patient’s consent; the treatment plan communicating engine 702 is configured to communicate with a patient system (106/200), which includes hardware configured to interface with a patient to obtain selections for review of the medical treatment plan; the treatment plan includes an expected post-treatment state);
causing, by the processing circuit (200-900, 1500-1600), an order for at least one dental aligner for repositioning the one or more teeth of the user according to a treatment plan to a position corresponding with the predicted final position to be transmitted over a cellular network to a fabrication system configured to manufacture the at least one dental aligner based on at least one of the 2D representation, the first 3D representation, or the second 3D representation (1214) (refer to Paragraphs [0041], [0050], [0097], [0149]; an applicable engine such as a treatment plan communicating engine described in this paper provides the manufacturing request with the approved 3D appliance treatment plan to a manufacturer system; the treatment plan communicating engine is intended to represent hardware configured to communicate with a patient system (106/200); it is inherent that a smartphone patient system (106) communicates over a cellular network).
The method (1200) does not explicitly disclose a sequence of on-screen prompts presented to the user to guide the user through an order submission process, the sequence of prompts including prompts to receive payment information and patient identification information from the user, wherein the graphical visualization is configured to enable the user to make a selection and further, wherein the order initiates a payment using payment information of the user.
Although these limitations are not disclosed as part of the method (1200), the method (1200) does disclose using an applicable engine such as a treatment plan communicating engine (702) during the approval process for the treatment plan (refer to Paragraph [0147]). The treatment plan communicating engine (702) is configured to communicate with a medical practitioner system (300) (refer to Paragraph [0097]). The medical practitioner system (300) includes a sequence of on-screen prompts presented to the user to guide the user through an order submission process, the sequence of prompts including prompts to receive payment information and patient identification information from the user, wherein the order initiates a payment using payment information of the user (refer to Paragraphs [0059], [0063]; the patient registration engine includes patient attributes (e.g., age, gender, race, residence, etc.), the patient transaction engine 312 represents hardware configured to enable a patient to purchase a 3D-printed medical appliance based medical treatment; the transaction includes a contract between a patient and a medical practitioner, and payment for the 3D-printed medical appliance based medical treatment, which each represent a prompt).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method (1200) to include a sequence of on-screen prompts presented to the user to guide the user through an order submission process to allow a user to purchase a 3D medical appliance and provide relevant patient identification information (refer to Paragraphs [0059], [0063]).
Regarding claim 48, Menon discloses the method of claim 47 (1200), wherein the selection further comprises at least one of making a purchase based on the treatment plan, submitting an order based on the treatment plan (1214) (refer to Paragraph [0149]; an applicable engine such as a treatment plan communicating engine described in this paper provides the manufacturing request with the approved 3D appliance treatment plan to a manufacturer system), selecting a preferred treatment plan (1210) (refer to Paragraph [0147]; the generated 3D medical appliance treatment plan is provided to a patient system, for the patient’s consent) making a payment based on the treatment plan, or making an appointment based on the treatment plan.
Regarding claim 49, Menon discloses the method of claim 47 (1200), wherein displaying the graphical visualization comprises displaying one or more stages of the treatment plan (1210) (refer to Paragraphs [0146], [0147]; the generated 3D medical appliance treatment plan is directly provided to a patient system (106), for the patient’s consent; the treatment plan includes an expected post-treatment state).
Regarding claim 50, Menon discloses the method of claim 49 (1200), wherein the one or more stages of the treatment plan comprises an initial stage of the treatment plan corresponding to the 3D representation, one or more intermediate stages of the treatment plan, and a final stage of the treatment plan corresponding to the predicted final position (1208) (refer to Paragraph [0146]; a 3D appliance treatment plan includes designs of 3D medical appliances to be used for each of different phases of the treatment).
Claim(s) 34-35, and 43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Menon et al. (WO 2019217764 A1), herein Menon, in view of Akopov et al. (US 20190175303 A1), herein Akopov.
Regarding claim 34, Menon discloses the smartphone of claim 33 (106); Menon does not explicitly teach wherein the selection is a user input received on the smartphone to display the one or more stages of the treatment plan
Akopov discloses a system for automatically creating an orthodontic treatment plan in the same field of endeavor (refer to Paragraph [0039]), further disclosing that the user may use one or more controls to select and display all of the different stages on a smartphone device (refer to Paragraph [0043]). This allows for rapid review and selection of a treatment plan (refer to Paragraph [0042]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the smartphone (106) of Menon with user selection to display all of the different stages as taught by Akopov in order to allow for rapid review and selection of a treatment plan (refer to Paragraph [0042]).
Regarding claim 35, Menon and Akopov disclose the smartphone of claim 34; Menon further discloses wherein the one or more stages of the treatment plan comprises an initial stage of the treatment planone or more intermediate stages of the treatment plan, and a final stage of the treatment plan corresponding to the predicted final position (refer to Paragraphs [0176]-[0178], Fig. 15; the original, intermediate and final positions are output from the setup engine (1518)).
Regarding claim 43, Menon discloses the smartphone of claim 42; Menon does not explicitly teach wherein the adjustment comprises an adjustment to the one or more teeth in the graphical visualization.
Akopov discloses a system for automatically creating an orthodontic treatment plan in the same field of endeavor (refer to Paragraph [0039]), further disclosing wherein the adjustment comprises an adjustment to the one or more teeth in the graphical visualization (refer to Paragraph [0242], Fig. 9C; the user selects and applies various digital tools to modify the teeth of the treatment plan (e.g., changing tooth number, adding/removing or moving attachments, adding/removing/modifying IPR between selected teeth, adding/removing pontics to selected teeth, etc)). This allows for interactive treatment planning (refer to Paragraph [0242]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the smartphone (106) of Menon with user selection to adjust the teeth in the graphic visualization as taught by Akopov in order to allow for interactive treatment planning (refer to Paragraph [0242]).
Claim(s) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Menon et al. (WO 2019217764 A1), herein Menon, in view of Bergersen (US 5882192 A).
Regarding claim 38, Menon discloses the smartphone of claim 31 (106); Menon does not disclose wherein the 2D representation is a video.
Bergersen discloses an apparatus for determining orthodontic conditions in the same field of endeavor (20; refer to col. 1, lines 54-57, Figs. 2-3). The hardware takes video images for diagnosing the patient (refer to col. 4, line 3-6). Video allows the patient to obtain images from all necessary angles for diagnosis and treatment (refer to col. 2, lines 11-15).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the 2D representation as taught by Menon with video, as taught by Bergersen, in order to obtain images from all necessary angles for diagnosis and treatment (refer to col. 2, lines 11-15).
Claim(s) 51 is/are rejected under 35 U.S.C. 103 as being unpatentable over Menon et al. (WO 2019217764 A1), herein Menon, in view of Kuo et al. (US 20070128574 A1), herein Kuo.
Regarding claim 51, Menon discloses the method of claim 47 (1200); Menon does not disclose wherein the artificial intelligence model is trained on historical orthodontic treatment plan data comprising treatment plans associated with successful orthodontic outcomes.
Kuo discloses an artificial neural network in the same field of endeavor (refer to Paragraph [0081]). The artificial neural network is trained on historical orthodontic treatment plan data (refer to Paragraph [0081]; data driven analyzers or models are built using one or more training sessions) comprising treatment plans associated with successful orthodontic outcomes (refer to Paragraph [0099]; the system identifies/clusterizes patient histories based on treatment parameters and outcome). This method allows for risks within each cluster of patients with completed treatments to be used with new cases to predict treatment outcomes and risks of complications, flagging these patient for special attention (refer to Paragraph [0096]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the artificial intelligence model of Menon with the artificial neural network trained on historical orthodontic treatment plan data as taught by Kuo in order to predict treatment outcomes and risks of complications, flagging these patient for special attention (refer to Paragraph [0096]).
Response to Arguments
The outstanding drawing objections of Figs. 15A-15B are withdrawn in view of the newly submitted drawing amendment.
The outstanding specification objections are withdrawn in view of the newly submitted specification amendment.
The outstanding objections of claims 31-50, are withdrawn in view of the newly submitted claim amendment.
Applicant's arguments filed 06/08/2026 have been fully considered but they are not persuasive.
In response to the argument that the claims do not merely recite abstract ideas, the claims recite an improvement to the existing dental treatment workflow, Examiner notes that the technology of the claims is improved by the computer/smartphone functionality, but the claims themselves do not improve the manner in which the smartphone operates. Automating a process of abstract ideas using a mobile device or smartphone does not amount to more than the abstract idea.
Further, use of a smartphone with a camera and graphic visualization is conventional to all smartphones and does not amount to more than the abstract idea or implementing the abstract idea into practical application. Similarly, capturing images using the smartphone is also conventional activity that does not amount to more than the abstract idea. Examiner recommends Applicant incorporate a specific manufacturing step, such as the steps mentioned in Paragraph [0029] of the specification, to overcome this rejection.
In response to the argument that Menon does not teach or suggest the features of the amended independent claims (31, 44, 47), Examiner points to the above rejection. Further, Menon discloses multiple instances where intraoral scan data and/or impression data is not used to generate treatment plans (refer to Figs. 12, 15 and Paragraphs [0144], [0172]) and discloses using a patient system (106, smartphone) with a selection based patient interface (202) to execute the components of the disclosed systems, including showing (displaying) the patient the treatment plan for review (refer to Paragraphs [0029], [0041], [0051], [0055]).
Applicant’s arguments with respect to claim(s) 31, 44, and 47 in regards to Akopov have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ADRIENA J WEBB LYTTLE/Examiner, Art Unit 3772 /EDWARD MORAN/Primary Examiner, Art Unit 3772
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