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 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.
Claim 19 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite steps that could be performed in the mind since the claims simply establish different intended arrangements of teeth in a plan. It is noted that the added limitation “generating a plurality of dental appliances…” is unclear whether the generated appliances are physical or virtual, and are assumed to be virtual. This judicial exception is not integrated into a practical application because the generically recited computer elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because storing and retrieving information in memory is well-understood, routine, conventional computer function MPEP 2106.05(d).
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.
Claims 1-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kopelman et al. (US 2017/0007365).
Kopelman shows a dental appliance system (it is noted that the resulting movement of teeth from a dental appliance is dependent on the position of an individual patients teeth, and claiming how the non-positively recited teeth are moved to establish the structure of the appliance is much broader than claiming the structure of the appliance itself; additionally, the order of how the appliances are used is considered intended use, where the resulting structure is simply a set of dental appliances), comprising a set of dental appliances ([0120] discusses provision of series/sets of dental appliances for affecting movement) for progressively closing a tooth gap between a group of posterior teeth and an intermediate tooth (32 for instance) in a patient’s dentition (Fig. 2 for instance shows this type of movement), wherein the intermediate tooth is adjacent to the tooth gap and between the tooth gap and a group of anterior teeth in the patient’s dentition (as seen in Fig. 2); and wherein the set of dental appliances comprise a first plurality of dental appliances for implementing anchorage preparation for the group of posterior teeth ([0145], [0152], [0155]-[0156] all discuss anchorage preparation such as “rotating the crown of the tooth away from a force to move a neighboring tooth can inhibit movement of the tooth” which would be present from the beginning of the series in order to affect the stated movement) and performing one or both of moving the intermediate tooth distally and treating the group of anterior teeth (Fig. 2 shows intermediate tooth for distal movement, and [0156] for instance discusses movement of one or more of the anterior teeth), wherein at least one dental appliance of the first plurality of dental appliances is shaped for implementing anchorage preparation for the group of posterior teeth and performing one or both of moving the intermediate tooth distally and treating the group of anterior teeth at the same time (see above, with emphasis on the last sentence of [0155] discussing the combination of anterior/intermediate tooth movement with adjustment of the posterior teeth); and a second plurality of dental appliances for moving the group of posterior teeth mesially after the anchorage preparation for the group of posterior teeth has been implemented by the first plurality of dental appliances (see previously cited paragraphs regarding tipping to then subsequently provide the desired movement of the intermediate tooth while the posterior teeth are anchored; [0155] in particular allows “one or more of the plurality of posterior teeth can be configured to move toward the target tooth”). With respect to claim 2, wherein the first plurality of dental appliances comprise: a first subset of dental appliances, each being configured for implementing anchorage preparation for the group of posterior teeth (any subset of the appliances that implements the anchorage prep); and a second subset of dental appliances, each being configured for both implementing anchorage preparation for the group of posterior teeth and moving the intermediate tooth distally (any subset of the appliances that implements the anchorage prep/control of posterior teeth and movement of the intermediate tooth distally); wherein the first subset of dental appliances are configured for being used by the patient prior to the second subset of dental appliances (anchorage prep is accomplished throughout the series in order to hold the posterior teeth still or allow selective movement thereof; it is noted that the present language does not require movement of the intermediate tooth to only be present in the second subset). With respect to claim 3, wherein the first plurality of dental appliances comprise: a first subset of dental appliances, each being configured for both implementing anchorage preparation for the group of posterior teeth and moving the intermediate tooth distally (any subset of the appliances that implements the anchorage prep/control of posterior teeth and movement of the intermediate tooth distally); and a second subset of dental appliances, each being configured for moving the intermediate tooth distally (any subsequent subset of the appliances that implements the movement of the intermediate tooth distally); wherein the first subset of dental appliances are configured for being used by the patient prior to the second subset of dental appliances (see above). With respect to claim 4, wherein the second plurality of dental appliances are further configured for moving the intermediate tooth distally ([0157] for instance), and the second plurality of dental appliances comprise: a first subset of dental appliances, each being configured for both moving the intermediate tooth distally and moving the group of posterior teeth mesially (any subset of the appliances that implements the movement of the intermediate tooth distally and the posterior teeth mesially); and a second subset of dental appliances, each being configured for moving the group of posterior teeth mesially (any subsequent subset of the appliances that implements the movement of the posterior teeth mesially); wherein the first subset of dental appliances are configured for being used by the patient prior to the second subset of dental appliances (see above). With respect to claim 5, wherein the first plurality of dental appliances are further configured for implementing anchorage preparation for the group of posterior teeth and performing both of moving the intermediate tooth distally and treating the group of anterior teeth ([0157] discusses these movements together, though the present claim language is broad enough to read on these movements as separate within the plurality). With respect to claim 6, wherein the first plurality of dental appliances comprise: a first subset of dental appliances, each being configured for moving the intermediate tooth distally, implementing anchorage preparation for the group of posterior teeth and treating the group of anterior teeth (any subset of the appliances that implements the anchorage prep/control of posterior teeth, movement of the intermediate tooth distally, and treating the anterior teeth; [157]); and a second subset of dental appliances, each being configured for moving the intermediate tooth distally and treating the group of anterior teeth (any subsequent subset of the appliances that implements the movement of the intermediate tooth distally and treating the group of anterior teeth; [157]); wherein the first subset of dental appliances are configured for being used by the patient prior to the second subset of dental appliances (see above). With respect to claim 7, wherein the first plurality of dental appliances comprise: a first subset of dental appliances, each being configured for moving the intermediate tooth distally and implementing anchorage preparation for the group of posterior teeth (any subset of the appliances that implements the anchorage prep/control of posterior teeth, movement of the intermediate tooth distally); and a second subset of dental appliances, each being configured for moving the intermediate tooth distally, implementing anchorage preparation for the group of posterior teeth and treating the group of anterior teeth (any subsequent subset of the appliances that implements the anchorage prep/control of posterior teeth, movement of the intermediate tooth distally, and treating the anterior teeth; [157]); and a third subset of dental appliances, each being configured for moving the intermediate tooth distally and treating the group of anterior teeth (any subsequent subset of the appliances that implements the movement of the intermediate tooth distally and treating the anterior teeth; [157]); wherein the first, second and third subsets of dental appliances are configured for being used by the patient sequentially (see above). With respect to claim 8, wherein the group of posterior teeth comprises three or four posterior teeth (3 as in Fig. 2 for instance), and the first plurality of dental appliances are configured to implement anchorage preparation for one posterior tooth of the three or four posterior teeth by using at least the remaining teeth of the three or four posterior teeth to provide anchorage for the posterior tooth (the teeth are all within the same appliance and will provide anchorage for each other). With respect to claim 9, wherein the first plurality of dental appliances are configured to implement anchorage preparation for the posterior teeth separately and sequentially from the most distal tooth to the most mesial tooth (all posterior teeth are within the appliance but remain separate and therefore would provide for this implementation of anchorage preparation). With respect to claim 10, wherein the first plurality of dental appliances are configured to implement anchorage preparation for one of the posterior teeth by inclining the posterior teeth distally to generate an anchorage moment for the posterior teeth ([0155] in particular). With respect to claim 11, wherein one or more of the first plurality of dental appliances for moving the intermediate teeth distally are further configured to apply an initial balancing torque to the intermediate tooth to counter a torque that causes the intermediate tooth to move distally, such that the intermediate tooth can be translated and provide anchorage for the group of posterior teeth during its distal movement ([0155] for instance discusses the balancing of torque to move the tooth distally in a translation, which is best shown in Fig. 2 by the translational arrows 105 and discussion in [0152]). With respect to claim 12, wherein the initial balancing torque applied to the intermediate tooth depends on a size of the tooth gap to be closed (movements and torque are dependent upon the location and relationship of teeth to one another, and therefore would also rely upon the size of the gap to be closed). With respect to claim 13, wherein one or more of the first plurality of dental appliances for moving the intermediate tooth distally are further configured to apply to the intermediate tooth a balancing torque that increases incrementally from the initial balancing torque to an expected balancing torque (tipping of tooth as discussed above will increase incrementally the balancing torque to provide proper anchorage). With respect to claim 14, wherein the balancing torque increases incrementally from the initial balancing torque to the expected balancing torque in a linear manner for each of the dental appliance ([0172] discusses threshold limits of linear and rotational translation and therefore linear increments when the movements are at the threshold). With respect to claim 15, wherein the first plurality of dental appliances comprise: a first subset of dental appliances each being configured for both implementing anchorage preparation and treating the group of anterior teeth; a second subset of dental appliances each being configured for implementing anchorage preparation, moving the intermediate tooth, and treating the group of anterior teeth; wherein the first subset of dental appliances are configured for being used by the patient prior to the second subset of dental appliances (rejected similarly to the above where the subset are those selected that perform these movements and a corresponding subsequent subset that perform the following movements). With respect to claim 16, wherein treating the group of anterior teeth comprises aligning, depression or retracting the group of anterior teeth ([0156]-[0157]; [0173] discusses the different types of available movement). With respect to claim 17, wherein treating the group of anterior teeth comprises moving two or more of the group of anterior teeth together (achieved when the desired movement above results in similar movement of anterior teeth). With respect to claim 18, wherein mesially moving posterior teeth comprises moving two or more of the group of posterior teeth together (achieved when the desired movement above results in similar movement of anterior teeth).
Method claim 19 is rejected similarly to the above, and additionally providing a series of discrete tooth arrangements progressing from an initial arrangement to a final arrangement (Fig. 3B), said method comprising providing a digital data set representing an initial tooth arrangement (Fig. 3A-B); providing a digital data set representing a final tooth arrangement (Fig. 3A-B); producing a plurality of successive digital data sets based on the provided digital data sets, wherein said plurality of digital data sets represent a series of successive tooth arrangements progressing from the initial tooth arrangement to the final tooth arrangement (Fig. 3A-B) and each corresponding a stage of a series of orthodontic stages for progressively closing a tooth gap between a group of posterior teeth and an intermediate tooth in a patient’s dentition (Fig. 3A-B appears to meet this limitation as best understood); wherein the series of orthodontic stages comprises: a first plurality of orthodontic stages for implementing anchorage preparation for the group of posterior teeth and performing one or both of moving the intermediate tooth distally and treating the group of anterior teeth and a second plurality of orthodontic stages for mesially moving the group of posterior teeth after the anchorage preparation for the group of posterior teeth has been implemented by the first plurality of orthodontic stages (addressed similarly to claims above, particularly claim 1). Also, generating a plurality of dental appliances from the plurality of successive digital data sets (the digital polymeric shell appliances to be manufactured).
Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive.
Applicant argues the 101 rejection appearing to rely on the eventual wearing of dental appliances by a patient, however this is not in the claims. In the virtual space, the tooth arrangements are purely mathematical within the software/memory of a computer. The cited patent provided by Applicant recites physical patient removable appliance (since “wearing an appliance of the plurality so as to reposition the teeth”). In any case, the present claim language does not meet current 101 standards.
Applicant argues the simultaneous movement of posterior teeth (which act as anchors to the other tooth movements) and intermediate/anterior teeth, particularly in [0155] as addressed above. Fig. 2 shows the examples of movement as well.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW NELSON whose telephone number is (571)270-5898. The examiner can normally be reached on Monday-Friday 7:30am-5:00pm EDT.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eric Rosen, at (571) 270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MATTHEW M NELSON/Primary Examiner, Art Unit 3772
Prosecution Insights