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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. PCT/RU2021/000513, filed on 11/17/2021. For the purpose of examination, the priority date for claims 31-50 is 11/17/2021.
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:
1500a, 1500b from Figs. 15A, 15B
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.
Specification
The disclosure is objected to because of the following informalities:
Paragraph [0053], the listed patent applications (62/522847, 16047694) should be modified to state "Dental Impression Kit and Methods Therefore"
Paragraph [0109], "step 16010" should be "step 1610"
Appropriate correction is required.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Claims 31-50 recite "a mobile device". The specification makes no mention of a mobile device, only "a user device" (refer to Paragraph [0092]). Examiner recommends modifying the claim language to match the specification, in this case “ a user device” rather than a mobile device” and for examination purposes, a mobile device will be interpreted as “a user device”.
Claims 31 and 34 recite a user input to display the 3D representation or stages of a treatment plan from a plurality of angles. Paragraphs [0083] and [0115] of the specification describe images being captured from various angles, but do not describe user input to display the treatment plan and corresponding stages from a plurality of angles.
Claims 32 , 45 and 48 recite “selecting a preferred treatment plan from amount two or more treatment plans”. This is not supported by the specification.
Claims 33 and 49 recite “displaying one or more stages of the treatment plan”. Paragraphs [0102], [0110] state that the stages are shown, but not as a function of user input.
Claim 40 recites “the graphic visualization comprises an animation”. Paragraph [0090] states a series of images or a video is shown of the treatment plan.
Claim 41 recites an approval process by the user comprising “booking an appointment for an intraoral scan”, “providing a request for an appointment for an intraoral scan”, and “sharing the treatment plan or the 3D representation to be shared with another user”. These steps are not supported by the specification (Paragraph [0117]).
The amendment filed 05/16/2024 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
The incorporation by reference of the international patent application PCT/RU2021/000513 is ineffective as it was added on the date of entry into the national phase, which is after the filing date of the instant application. The filing date of this national stage application is the filing date of associated PCT, in this case 11/17/2021, see MPEP 1893.03(b). Therefore the specification amendment of 05/16/2024 to include the incorporation by reference is new matter, per MPEP 608.01(p).
Applicant is required to cancel the new matter in the reply to this Office Action; cancelling the new matter does not affect the priority date, Applicant retains the claim to priority.
Claim Objections
Claims 31, 35, 42, 44, and 50 are objected to because of the following informalities:
Claim 31, lines 4-5 and claim 44, lines 2-3 recite, "capture a two-dimensional (2D) representation representing one or more teeth of a user using a camera, wherein the user is a patient that is seeking treatment". Examiner recommends rephrasing this line to “capture a two-dimensional (2D) representation of one or more teeth of a user using a camera, wherein the user is a patient that is seeking treatment”.
Claim 35, lines 2-3 and claim 50, line 2 recite(s) “an initial stage of the treatment plan corresponding to the 3D representation”; however, claim 31 states the 3D representation is for depicting the final position. Examiner recommends modifying these lines to state, “an initial stage of the treatment plan”.
Claim 31, lines 7-8, and claim 44, lines 7-8 recite, “the 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”. Examiner recommends rephrasing this line to “the final position including of the 2D representation being repositioned
Claim 42 reads as the same limitations twice, Examiner recommends modifying the claim to state, “The mobile device of claim 31, wherein the selection comprises a request to change the treatment plan or the final position
Appropriate correction is required.
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 31-50 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 mobile device 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.
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 31-50, 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 31-50 , 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 § 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) 31-37, 39-50 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akopov. et al. (US 20190175303 A1) in view of Menon et al. (WO 2019217764 A1).
Regarding claim 31, Akopov et al. discloses a mobile device (refer to Paragraph [0371]; a smartphone, computer and tablet are disclosed as systems capable of executing the described methods) comprising:
a processing circuit comprising one or more processors and memory storing instructions that when executed cause the processing circuit to (refer to Paragraph [0371]; the processor is part of the smartphone, computer or tablet, wherein the processor executes the instructions for performing the method steps of displaying, communicating with the user, and analyzing according to the disclosed methods):
capture a two-dimensional (2D) representation representing one or more teeth of a user using a scanner, wherein the user is a patient that is seeking treatment (refer to Paragraphs [0009], [0146], Fig. 16A; a scan of a patient’s dentition is shown as a 2D representation)
generate 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 final position (refer to Paragraphs [0133], [0302]; the surface of the teeth from the scan are modeled by packing the tooth surface with a plurality of 3D shapes; the final tooth setup is then displayed as a digital 3D model), the 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 (refer to Paragraph [0197]; the treatment plan is designed to reposition some or all teeth);
display a graphical visualization including the 3D representation (refer to Fig. 9E), wherein the graphical visualization is configured to enable the user to make a selection (refer to Paragraph [0245], Fig. 9C; controls on the screen allow the user to select between treatment plans for direct comparison, toggle and manipulate the 3D models), wherein the selection is a user input received on the mobile device to display the 3D representation from a plurality of angles (refer to Paragraphs [0043], [0245]; the user interface permits rotation of the 3D models of the patient’s teeth when showing stages of the treatment plan, where the user interface is on a computer, tablet or smartphone), wherein the graphical visualization includes a plurality of prompts to guide the user through an order submission process (refer to Paragraph [0249], Fig. 10B; controls on the screen allow the user to communicate directly with a technician (1025), order a series of aligners (1027) or enter consultation mode (1031)); 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 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 (refer to Paragraphs [0076], [0236]; the selected treatment plan, which is shown as the 3D model in Fig.10B, and based on the originally submitted 2D data, is transmitted to the manufacturing facility for fabrication via a wireless communication module).
Akopov et al. does not disclose capturing the 2D representation with a camera, using an artificial intelligence model to generate the final position, and further, wherein the plurality of prompts include at least a payment process to receive payment information and patient information, wherein the order initiates a payment using payment information of the user.
Menon et al. discloses a system (100) for providing 3D-printed medical appliances in the same field of endeavor (refer to Paragraph [0022]). The computer implemented system (100) is configured to capture 2D patient data using a camera (refer to Paragraphs [0052], [0079], Fig. 2; the patient system (200) includes self-captured 2D images). Camera based 2D images allow the patient to submit the necessary patient records without traveling to a facility (refer to Paragraph [0052]; the 2D images may be sent along with an in-home kit).
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 capturing the 2D representation as taught by Akopov et al. (refer to Paragraphs [0009], [0146]) with the camera based 2D images as taught by Menon et al. in order to allow the patient to submit patient records from home (refer to Paragraph [0052]).
Menon et al. further discloses using an artificial intelligence model to generate the final position (refer to Paragraph [0176]; an appropriately configured AI takes the segmentation data and manipulates it to reach a desired final position).
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 generation of the final position as taught by Akopov et al. with the use of an artificial intelligence model as taught by Menon et al. as Menon et al. demonstrates this a known method in the dental art (refer to Paragraph [0176]).
Menon et al. further discloses wherein the user prompt includes at least a payment process to receive payment information and patient information, initiating a payment using payment information of the user (refer to Paragraph [0063]; the patient transaction engine (312) includes a patient contract and payment). The payment user prompts are advantageously controlled on the back end, requiring less intervention by an orthodontist (refer to Paragraph [0199]).
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 user prompts of Akopov et al. (refer to Paragraphs [0076], [0236]) with the payment prompts as taught by Menon et al. (refer to Paragraph [0063] in order to require less orthodontist intervention (refer to Paragraph [0199]).
Regarding claim 32, Akopov et al. and Menon et al. disclose the mobile device of claim 31, with Akopov et al further disclosing 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 (refer to Paragraph [0249], Fig. 10B; controls on the screen allow the user to order a series of aligners), selecting a preferred treatment plan from among two or more treatment plans (refer to Paragraph [0253]; from consultation model the user can review various selected treatment plans and select between them), making a payment based on the treatment plan, or making an appointment based on the treatment plan.
Regarding claim 33, Akopov et al. and Menon et al. disclose the mobile device of claim 31, with Akopov et al further disclosing wherein the selection is a user input received on the mobile device to display one or more stages of the treatment plan (refer to Paragraph [0043]; the user can display all of the different stages).
Regarding claim 34, Akopov et al. and Menon et al. disclose the mobile device of claim 33, with Akopov et al further disclosing wherein the selection is a user input received on the mobile device to display the one or more stages of the treatment plan from a plurality of angles (refer to Paragraph [0245]; the user interface may be allowed to permit rotation of the 3D models of the patient’s teeth when showing stages of the treatment plan).
Regarding claim 35, Akopov et al. and Menon et al. disclose the mobile device of claim 34, with Akopov et al further disclosing wherein the one or more stages of the treatment plan comprises an initial stage of the treatment plan corresponding to the 3D representation (refer to Paragraph [0043], [0337]; the user can display animations, where the animations include the initial stage), one or more intermediate stages of the treatment plan, and a final stage of the treatment plan corresponding to the final position (refer to Paragraph [0061]; display tools allow rotating the final or any intermediate stage of the treatment plan).
Regarding claim 36, Akopov et al. and Menon et al. disclose the mobile device of claim 31, with Akopov et al. further disclosing wherein the treatment plan is a first treatment plan (refer to Paragraph [0227], Fig. 3; multiple treatment plans are provided), and wherein the memory stores instructions that when executed cause the processing circuit to:
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 (303; refer to Paragraph [0226], Fig. 3; a dental impression or direct digital scan of the teeth is prepared); and
generate a second treatment plan based on the second 3D representation (307; refer to Paragraph [0226], Fig. 3; another treatment plan is generated based on the model).
Regarding claim 37, Akopov et al. and Menon et al. disclose the mobile device of claim 36, with Akopov et al. disclosing wherein the memory stores instructions that when executed cause the processing circuit to:
transmit the second treatment plan to the fabrication system configured to manufacture a plurality of dental aligners based on the second treatment plan (refer to Paragraphs [0076]; the selected treatment plan is transmitted to the manufacturing facility for fabrication), 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 (refer to Paragraphs [0197], [0219]; the system is configured for automatically creating an orthodontic treatment plan of a patient, where the treatment plan is designed to reposition some or all teeth).
Regarding claim 39, Akopov et al. and Menon et al. disclose the mobile device of claim 31, with Akopov et al. disclosing wherein the treatment plan is validated prior to providing the treatment plan to the user device (319; refer to Paragraph [0229], Fig. 3; the dental professional may toggle through the plan and select one or a subset of plans prior to presenting them to a client (323)).
Regarding claim 40, Akopov et al. and Menon et al. disclose the mobile device of claim 31, with Akopov et al. further disclosing wherein the graphical visualization comprises an animation of the treatment plan (refer to Paragraph [0254], Fig. 14).
Regarding claim 41, Akopov et al. and Menon et al. disclose the mobile device of claim 31, with Akopov et al. further disclosing wherein the selection comprises a user approval of the treatment plan or the final position (refer to Paragraph [0230]; once the user is satisfied with the treatment plan, the user transmits the plan to the manufacturer), wherein the approval comprises one or more of providing the order (refer to Paragraph [0249], Fig. 10B; controls on the screen allow the user to order a series of aligners), providing a request for an impression kit, booking an appointment for an intraoral scan, providing a request for an appointment for an intraoral scan, providing the payment, or sharing the treatment plan or the 3D representation to be shared with another user (refer to Paragraph [0370]; the patient can send the case to a technician for updates).
Regarding claim 42, Akopov et al. and Menon et al. disclose the mobile device of claim 31, with Akopov et al. further disclosing wherein the selection comprises a request to change the treatment plan or the final position, wherein the request to change comprises an adjustment to the treatment plan or the final position (refer to Paragraph [0237]; the user can modify the tooth positions, staging and timing of a treatment plan).
Regarding claim 43, Akopov et al. and Menon et al. disclose the mobile device of claim 42, with Akopov et al. 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 can modify the teeth by adding/removing/modifying attachments, IPR, and pontics).
Regarding claim 44, Akopov et al. discloses a method of visualizing a treatment for teeth, the method (refer to Paragraph [0128], Fig. 7D) comprising:
capturing a two-dimensional (2D) representation representing one or more teeth of a user using a scanner, wherein the user is a patient that is seeking treatment (refer to Paragraphs [0009], [0146], Fig. 16A; a scan of a patient’s dentition is shown as a 2D representation)
generating 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 final position (refer to Paragraphs [0133], [0302]; the surface of the teeth from the scan are modeled by packing the tooth surface with a plurality of 3D shapes; the final tooth setup is then displayed as a digital 3D model based on the automated treatment planning), the 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 (refer to Paragraph [0197]; the treatment plan is designed to reposition some or all teeth);
displaying, by the processing circuit via a display (refer to Paragraph [0371]; the processor is part of the smartphone, computer or tablet, wherein the processor executes the instructions for performing the method steps of displaying), a graphical visualization including the 3D representation (refer to Paragraph [0244], Fig. 9C), wherein the graphical visualization is configured to enable the user to make a selection (refer to Paragraph [0245], Fig. 9C; controls on the screen allow the user to select between treatment plans for direct comparison, toggle and manipulate the 3D models); and
causing, by the processing circuit (refer to Paragraph [0371]; the processor is part of the smartphone, computer or tablet, wherein the processor executes the instructions for performing the method steps) , 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 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 (refer to Paragraphs [0076], [0236]; the selected treatment plan, which is shown as the 3D model in Fig.10B, and based on the originally submitted 2D data, is transmitted to the manufacturing facility for fabrication via a wireless communication module).
Akopov et al. does not disclose capturing the 2D representation with a camera, using an artificial intelligence model to generate the final position, and further, wherein the order initiates a payment using payment information of the user.
Menon et al. discloses a system (100) for providing 3D-printed medical appliances in the same field of endeavor (refer to Paragraph [0022]). The computer implemented system (100) is configured to capture 2D patient data using a camera (refer to Paragraphs [0052], [0079], Fig. 2; the patient system (200) includes self-captured 2D images). Camera based 2D images allow the patient to submit the necessary patient records without traveling to a facility (refer to Paragraph [0052]; the 2D images may be sent along with an in-home kit).
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 capturing the 2D representation as taught by Akopov et al. (refer to Paragraphs [0009], [0146]) with the camera based 2D images as taught by Menon et al. in order to allow the patient to submit patient records from home (refer to Paragraph [0052]).
Menon et al. further discloses using an artificial intelligence model to generate the final position (refer to Paragraph [0176]; an appropriately configured AI takes the segmentation data and manipulates it to reach a desired final position).
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 generation of the final position as taught by Akopov et al. with the use of an artificial intelligence model as taught by Menon et al. as Menon et al. demonstrates this a known method in the dental art (refer to Paragraph [0176]).
Menon et al. further discloses initiating a payment using payment information of the user (refer to Paragraph [0063]; the patient transaction engine (312) includes a patient contract and payment). The payment user prompts are advantageously controlled on the back end, requiring less intervention by an orthodontist (refer to Paragraph [0199]).
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 user prompts of Akopov et al. (refer to Paragraphs [0076], [0236]) with the payment prompts as taught by Menon et al. (refer to Paragraph [0063] in order to require less orthodontist intervention (refer to Paragraph [0199]).
Regarding claim 45, Akopov et al. and Menon et al. disclose the method of claim 44, with Akopov et al further disclosing wherein the selection comprises at least one of making a purchase based on the treatment plan, submitting an order based on the treatment plan (refer to Paragraph [0249], Fig. 10B; controls on the screen allow the user to order a series of aligners), selecting a preferred treatment plan from among two or more treatment plans (refer to Paragraph [0253]; from consultation model the user can review various selected treatment plans and select between them), making a payment based on the treatment plan, or making an appointment based on the treatment plan.
Regarding claim 46, Akopov et al. and Menon et al. disclose the method of claim 44, with Akopov et al further disclosing wherein the treatment plan is validated prior to providing the treatment plan to the user device (319; refer to Paragraph [0229], Fig. 3; the dental professional may toggle through the plan and select one or a subset of plans prior to presenting them to a client (323)).
Regarding claim 47, Akopov et al. discloses a method of visualizing treatments of teeth, the method (refer to Paragraph [0128], Fig. 7D) comprising:
capturing, by a processing circuit (refer to Paragraph [0371]; the processor is part of the smartphone, computer or tablet, wherein the processor executes the instructions for performing the method steps), a two-dimensional (2D) representation representing one or more teeth of a user using a scanner, wherein the user is a patient that is seeking treatment (refer to Paragraphs [0009], [0146], Fig. 16A; a scan of a patient’s dentition is shown as a 2D representation);
converting, by the processing circuit (refer to Paragraph [0371]; the processor is part of the smartphone, computer or tablet, wherein the processor executes the instructions for performing the method steps), the 2D representation into a first three- dimensional (3D) representation of the one or more teeth of the user based on the 2D representation (refer to Paragraph [0302]; the surface of the teeth from the scan are modeled by packing the tooth surface with a plurality of 3D shapes);
generating, by the processing circuit (refer to Paragraph [0371]; the processor is part of the smartphone, computer or tablet, wherein the processor executes the instructions for performing the method steps), 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 final position (refer to Paragraphs [0133], [0302]; the surface of the teeth from the scan are modeled by packing the tooth surface with a plurality of 3D shapes; the final tooth setup is then displayed as a digital 3D model based on the automated treatment planning), the 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 (refer to Paragraph [0197]; the treatment plan is designed to reposition some or all teeth);
displaying, by the processing circuit via a display (refer to Paragraph [0371]; the processor is part of the smartphone, computer or tablet, wherein the processor executes the instructions for performing the method steps of displaying), a graphical visualization including the second 3D representation (refer to Paragraph [0244], Fig. 9C), wherein the graphical visualization is configured to enable the user to make a selection (refer to Paragraph [0245], Fig. 9C; controls on the screen allow the user to select between treatment plans for direct comparison, toggle and manipulate the 3D models); and
causing, by the processing circuit (refer to Paragraph [0371]; the processor is part of the smartphone, computer or tablet, wherein the processor executes the instructions for performing the method steps), 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 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 (refer to Paragraphs [0076], [0236]; the selected treatment plan, which is shown as the 3D model in Fig.10B, and based on the originally submitted 2D data, and generated 3D data is transmitted to the manufacturing facility for fabrication via a wireless communication module).
Akopov et al. does not disclose capturing the 2D representation with a camera, and further, wherein the order initiates a payment using payment information of the user.
Menon et al. discloses a system (100) for providing 3D-printed medical appliances in the same field of endeavor (refer to Paragraph [0022]). The computer implemented system (100) is configured to capture 2D patient data using a camera (refer to Paragraphs [0052], [0079], Fig. 2; the patient system (200) includes self-captured 2D images). Camera based 2D images allow the patient to submit the necessary patient records without traveling to a facility (refer to Paragraph [0052]; the 2D images may be sent along with an in-home kit).
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 capturing the 2D representation as taught by Akopov et al. (refer to Paragraphs [0009], [0146]) with the camera based 2D images as taught by Menon et al. in order to allow the patient to submit patient records from home (refer to Paragraph [0052]).
Menon et al. further discloses initiating a payment using payment information of the user (refer to Paragraph [0063]; the patient transaction engine (312) includes a patient contract and payment). The payment user prompts are advantageously controlled on the back end, requiring less intervention by an orthodontist (refer to Paragraph [0199]).
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 user prompts of Akopov et al. (refer to Paragraphs [0076], [0236]) with the payment prompts as taught by Menon et al. (refer to Paragraph [0063] in order to require less orthodontist intervention (refer to Paragraph [0199]).
.
Regarding claim 48, Akopov et al. and Menon et al. disclose the method of claim 47, with Akopov et al further disclosing 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 (refer to Paragraph [0249], Fig. 10B; controls on the screen allow the user to order a series of aligners), selecting a preferred treatment plan from among two or more treatment plans (refer to Paragraph [0253]; from consultation model the user can review various selected treatment plans and select between them), making a payment based on the treatment plan, or making an appointment based on the treatment plan.
Regarding claim 49, Akopov et al. and Menon et al. disclose the method of claim 47, with Akopov et al further disclosing wherein the selection is a user input received on the mobile device to display one or more stages of the treatment plan (refer to Paragraph [0043]; the user can display all of the different stages).
Regarding claim 50, Akopov et al. and Menon et al. disclose the method of claim 49, with Akopov et al further disclosing wherein the one or more stages of the treatment plan comprises an initial stage of the treatment plan corresponding to the 3D representation (refer to Paragraph [0043], [0337]; the user can display animations, where the animations include the initial stage), one or more intermediate stages of the treatment plan, and a final stage of the treatment plan corresponding to the final position (refer to Paragraph [0061]; display tools allow rotating the final or any intermediate stage of the treatment plan).
Claim(s) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akopov. et al. (US 20190175303 A1) in view of Menon et al. (WO 2019217764 A1) as applied to claim 31 above, and further in view of Bergersen (US 5882192 A).
Regarding claim 38, Akopov et al. and Menon et al. disclose the mobile device of claim 31, but are both silent to wherein the 2D representation is a video.
Bergerson 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 Akopov et al. and Menon et al. 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).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kuo et al. (US 20070128574 A1) discloses treatment planning software that uses a neural network to generate a treatment plan for a patient to purchase the appliances (refer to Paragraphs [0107], [0218]).
The US counterpart of WO 2019217764 A1 is included for reference (US 20210236251 A1).
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/ADRIENA J WEBB LYTTLE/Examiner, Art Unit 3772
/THOMAS C BARRETT/SPE, Art Unit 3799