DETAILED ACTION
Claims 1-2, 4, 6, 9, 11-12, 16-17, 20-27, 54-55, 57, 86, 88-89 are pending.
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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-2, 4, 6, 9, 11-12, 16-17, 20-27, 54-55, 57, 86, 88-89 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yuan, Peng, et al. "Design, development and clinical validation of computer-aided surgical simulation system for streamlined orthognathic surgical planning", International journal of computer assisted radiology and surgery 12.12 (2017): 2129-2143 (hereinafter Yuan).
Regarding claims 1-2, 4, 6, 9, 11-12, 16-17, 20-27, 54-55, 57, 86, 88-89 , Yuan discloses all the claimed limitations as outlined below:
1. A computer-implemented method of determining a virtual occlusion, comprising: obtaining a 3-D representation of a first jaw portion of a patient and second jaw portion of the patient, the second jaw portion being opposite to and moveable with respect to the first jaw portion; with the 3 -D representation, setting and representing in a graphic user interface (GUI) an initial position of the second jaw portion relative to the first jaw portion, the initial position being defined by a control point on the second jaw portion and the second jaw portion having six degrees of freedom relative to a coordinate system with an origin fixed relative to the first jaw portion; receiving user input of one or more changes to at least one degree of freedom of the six degrees of freedom; adjusting at least one of the other degrees of freedom of the six degrees of freedom other than the at least one degree of freedom to minimize a vertical distance of the control point to the origin while constraining distances between opposed surfaces of the first and second jaw portions to be positive, thereby determining an occlusion between the first and second jaw portions; and representing, in the GUI, the first and second jaw portions in the determined occlusion (Page 2135 Section labeled “Module 5: surgical simulation” and Page 2136 section labeled “Module 6: surgical splints/template” – Utilizing surgical simulations to determine final dental occlusion between the upper and lower teeth. Manipulating jaw portions in all degrees of freedom using a 3D environment. Displaying measurements in the 3D environment. Fabricating surgical splints and guides utilizing additive manufacturing).
2. The method of Claim 1, wherein; one or more changes comprises a change to at least one of: a position of the second jaw in a direction in the coordinate system corresponding to left-right direction of the patient, a position of the second jaw in a direction in the coordinate system corresponding to the anterior-posterior direction of the patient, a rotation of the second jaw around a direction in the coordinate system corresponding to the patient's an upward-downward direction of the patient, or a position of the control point relative to the second jaw; and adjusting the at least one other degree of freedom comprises adjusting at least one of: a position of the second jaw in the direction in the coordinate system corresponding to the upward-downward direction, a rotation of the second jaw around the direction in the coordinate system corresponding to the left-right direction, or a rotation of the second jaw around the direction in the coordinate system corresponding to the anterior-posterior direction (Page 2135 Section labeled “Module 5: surgical simulation” and Page 2136 section labeled “Module 6: surgical splints/template” – Utilizing surgical simulations to determine final dental occlusion between the upper and lower teeth. Manipulating jaw portions in all degrees of freedom using a 3D environment. Displaying measurements in the 3D environment. Fabricating surgical splints and guides utilizing additive manufacturing).
4. The method of Claim 1, wherein: the one or more changes comprises a change to at least one of: a position of the second jaw in a direction in the coordinate system corresponding to a left-right direction of a position of the second jaw in a direction in the coordinate system corresponding to an anterior-posterior direction of the patient, a rotation of the second jaw around a direction in the coordinate system corresponding to the patient's an upward-downward direction of the patient, a rotation of the second jaw around the direction in the coordinate system corresponding to the left-right direction, or a position of the control point relative to the second jaw; and adjusting the at least one other degree of freedom comprises adjusting at least one of: a position of the second jaw in the direction in the coordinate system corresponding to the upward-downward direction, or a rotation of the second jaw around the direction in the coordinate system corresponding to the anterior-posterior direction (Page 2135 Section labeled “Module 5: surgical simulation” and Page 2136 section labeled “Module 6: surgical splints/template” – Utilizing surgical simulations to determine final dental occlusion between the upper and lower teeth. Manipulating jaw portions in all degrees of freedom using a 3D environment. Displaying measurements in the 3D environment. Fabricating surgical splints and guides utilizing additive manufacturing).
6. The method of Claim 2, wherein the change to the position of the control point relative to the second jaw comprises a change to the position of the control point in the direction in the coordinate system corresponding to the anterior-posterior direction (Page 2135 Section labeled “Module 5: surgical simulation” and Page 2136 section labeled “Module 6: surgical splints/template” – Utilizing surgical simulations to determine final dental occlusion between the upper and lower teeth. Manipulating jaw portions in all degrees of freedom using a 3D environment. Displaying measurements in the 3D environment. Fabricating surgical splints and guides utilizing additive manufacturing).
7. The method of Claim 1, wherein the one or more changes comprises a change to at least one of a position of the second jaw in a direction in the coordinate system corresponding to a mesial-distal direction of the patient, the position of the second jaw in a direction in the coordinate system corresponding to a buccal-lingual direction of the patient, a rotation of the second jaw around a direction in the coordinate system corresponding to the upward-downward direction of the patient, a rotation of the second jaw around the direction in the coordinate system corresponding to the patient's mesial-distal direction, or a position of the control point relative to the second jaw; and adjusting at least the other degree of freedom comprises adjusting at least one of: a position of the second jaw in the direction in the coordinate system corresponding to the upward-downward direction, or a rotation of the second jaw around the direction in the coordinate system corresponding to the buccal-lingual direction (Page 2135 Section labeled “Module 5: surgical simulation” and Page 2136 section labeled “Module 6: surgical splints/template” – Utilizing surgical simulations to determine final dental occlusion between the upper and lower teeth. Manipulating jaw portions in all degrees of freedom using a 3D environment. Displaying measurements in the 3D environment. Fabricating surgical splints and guides utilizing additive manufacturing).
9. The method of Claim 1, wherein: the first jaw portion comprises at least part of a maxilla of the patient, and the second jaw portion comprises at least part of the mandible of the patient; or the first jaw portion comprises the at least part of the mandible, and the second jaw portion comprises the at least part of the maxilla (Page 2135 Section labeled “Module 5: surgical simulation” and Page 2136 section labeled “Module 6: surgical splints/template” – Utilizing surgical simulations to determine final dental occlusion between the upper and lower teeth. Manipulating jaw portions in all degrees of freedom using a 3D environment. Displaying measurements in the 3D environment. Fabricating surgical splints and guides utilizing additive manufacturing).
11. The method of Claim 1, wherein the GUI comprises a 3-D model of each of the first jaw portion and the second jaw portion (Page 2135 Section labeled “Module 5: surgical simulation” and Page 2136 section labeled “Module 6: surgical splints/template” – Utilizing surgical simulations to determine final dental occlusion between the upper and lower teeth. Manipulating jaw portions in all degrees of freedom using a 3D environment. Displaying measurements in the 3D environment. Fabricating surgical splints and guides utilizing additive manufacturing).
12. The method of Claim 11, further comprising displaying one or more of: a distance between the first and second jaw portions in the determined occlusion as a color map on the 3-D model; Client Ref. No.: MTRLS.325US contact points between the first and second jaw portions in the determined occlusion on the 3-D model; approximate contact points between the first and second jaw portions in the determined occlusion on the 3-D model; or a convex hull around the contact points or the approximate contact points between the first and second jaw portions in the determined occlusion on the 3-D model (Page 2135 Section labeled “Module 5: surgical simulation” and Page 2136 section labeled “Module 6: surgical splints/template” – Utilizing surgical simulations to determine final dental occlusion between the upper and lower teeth. Manipulating jaw portions in all degrees of freedom using a 3D environment. Displaying measurements in the 3D environment. Fabricating surgical splints and guides utilizing additive manufacturing).
16. The method of Claims 1-15, wherein the GUI further comprises an occlusionogram of at least one of the first jaw portion and the second jaw portion (Page 2135 Section labeled “Module 5: surgical simulation” and Page 2136 section labeled “Module 6: surgical splints/template” – Utilizing surgical simulations to determine final dental occlusion between the upper and lower teeth. Manipulating jaw portions in all degrees of freedom using a 3D environment. Displaying measurements in the 3D environment. Fabricating surgical splints and guides utilizing additive manufacturing).
17. The method of Claim 16, further comprising displaying one or more of: contact points between the first and second jaw portions in the determined occlusion on the occlusionogram; approximate contact points between the first and second jaw portions in the determined occlusion on the occlusionogram; or a convex hull around the contact points or the approximate contact points between the first and second jaw portions in the determined occlusion on the occlusionogram (Page 2135 Section labeled “Module 5: surgical simulation” and Page 2136 section labeled “Module 6: surgical splints/template” – Utilizing surgical simulations to determine final dental occlusion between the upper and lower teeth. Manipulating jaw portions in all degrees of freedom using a 3D environment. Displaying measurements in the 3D environment. Fabricating surgical splints and guides utilizing additive manufacturing).
20. The method of Claim 1, wherein the GUI further comprises a display of interactive user controls, corresponding to the six degrees of freedom controllable by the user (Page 2135 Section labeled “Module 5: surgical simulation” and Page 2136 section labeled “Module 6: surgical splints/template” – Utilizing surgical simulations to determine final dental occlusion between the upper and lower teeth. Manipulating jaw portions in all degrees of freedom using a 3D environment. Displaying measurements in the 3D environment. Fabricating surgical splints and guides utilizing additive manufacturing).
21. (Original) The method of Claim 20, wherein the interactive user controls are superimposed on a 3-D model of each of the first jaw portion and the second jaw portion (Page 2135 Section labeled “Module 5: surgical simulation” and Page 2136 section labeled “Module 6: surgical splints/template” – Utilizing surgical simulations to determine final dental occlusion between the upper and lower teeth. Manipulating jaw portions in all degrees of freedom using a 3D environment. Displaying measurements in the 3D environment. Fabricating surgical splints and guides utilizing additive manufacturing).
22. The method of Claim 20, wherein the GUI further comprises a display of values corresponding to the at least one other degree of freedom (Page 2135 Section labeled “Module 5: surgical simulation” and Page 2136 section labeled “Module 6: surgical splints/template” – Utilizing surgical simulations to determine final dental occlusion between the upper and lower teeth. Manipulating jaw portions in all degrees of freedom using a 3D environment. Displaying measurements in the 3D environment. Fabricating surgical splints and guides utilizing additive manufacturing).
23. The method of Claims 1, further comprising selecting, in the GUI, a center of rotation for the second jaw portion (Page 2135 Section labeled “Module 5: surgical simulation” and Page 2136 section labeled “Module 6: surgical splints/template” – Utilizing surgical simulations to determine final dental occlusion between the upper and lower teeth. Manipulating jaw portions in all degrees of freedom using a 3D environment. Displaying measurements in the 3D environment. Fabricating surgical splints and guides utilizing additive manufacturing).
24. The method of Claims 1, further comprising updating the representation of the first and second jaw portions in the GUI in the occlusion determined in response to additional user input of changes to the at least one of the degrees of freedom and corresponding adjustments of the at least one of the other degrees of freedom (Page 2135 Section labeled “Module 5: surgical simulation” and Page 2136 section labeled “Module 6: surgical splints/template” – Utilizing surgical simulations to determine final dental occlusion between the upper and lower teeth. Manipulating jaw portions in all degrees of freedom using a 3D environment. Displaying measurements in the 3D environment. Fabricating surgical splints and guides utilizing additive manufacturing).
25. The method of Claim 1, further comprising: receiving user input indicating a region of at least one of the first and second jaw portions and assigning a maximum burring depth to said region; and generating at least one modified 3-D model representing the at least one of the first and second jaw portions based on the indicated region and the maximum burring depth, wherein automatically adjusting the at least one of the other degrees of freedom comprises constraining distances between opposed surfaces of the first and second jaw portions to be positive based on the at least one modified 3-D model (Page 2135 Section labeled “Module 5: surgical simulation” and Page 2136 section labeled “Module 6: surgical splints/template” – Utilizing surgical simulations to determine final dental occlusion between the upper and lower teeth. Manipulating jaw portions in all degrees of freedom using a 3D environment. Displaying measurements in the 3D environment. Fabricating surgical splints and guides utilizing additive manufacturing).
26. (Original) The method of Claim 25, wherein the GUI comprises an occlusionogram of at least one of the first jaw portion and the second jaw portion based on the at least one modified 3-D model (Page 2135 Section labeled “Module 5: surgical simulation” and Page 2136 section labeled “Module 6: surgical splints/template” – Utilizing surgical simulations to determine final dental occlusion between the upper and lower teeth. Manipulating jaw portions in all degrees of freedom using a 3D environment. Displaying measurements in the 3D environment. Fabricating surgical splints and guides utilizing additive manufacturing).
27. A computer-implemented method of forming a surgical guide based on a determined virtual occlusion, comprising: obtaining a 3-D representation of a patient's first jaw portion of a patient and the patient's a second jaw portion of the patient, the second jaw portion being opposite to and moveable with respect to the first jaw portion; with the 3-D representation, setting an initial position of the second jaw portion relative to the first jaw portion, the initial position being defined by a control point on the second jaw portion and the second jaw portion having six pre-determined degrees of freedom relative to a coordinate system with an origin fixed relative to the first jaw portion; receiving user input of one or more changes to at least one degree of freedom of the six degrees of freedom changes to at least one of the degrees of freedom; automatically adjusting at least one of the other degrees of freedom of the six degrees of freedom other than the at least one degree of freedom to minimize a vertical distance of the control point to the origin while constraining distances between opposed surfaces of the first and second jaw portions to be positive, thereby determining an occlusion between the first and second jaw portions; and forming a surgical guide to guide the patient's teeth of the patient into the determined occlusion during orthognathic surgery (Page 2135 Section labeled “Module 5: surgical simulation” and Page 2136 section labeled “Module 6: surgical splints/template” – Utilizing surgical simulations to determine final dental occlusion between the upper and lower teeth. Manipulating jaw portions in all degrees of freedom using a 3D environment. Displaying measurements in the 3D environment. Fabricating surgical splints and guides utilizing additive manufacturing).
54. The method of Claims 27, wherein forming the surgical guide comprises manufacturing the surgical guide by means with an additive manufacturing technology (Page 2135 Section labeled “Module 5: surgical simulation” and Page 2136 section labeled “Module 6: surgical splints/template” – Utilizing surgical simulations to determine final dental occlusion between the upper and lower teeth. Manipulating jaw portions in all degrees of freedom using a 3D environment. Displaying measurements in the 3D environment. Fabricating surgical splints and guides utilizing additive manufacturing).
55. The method of Claim 27, wherein the surgical guide comprises a guide body, said guide body comprising a top surface, a bottom surface opposing the top surface and an edge, said top and bottom surfaces comprising indentations shaped complementary to surface portions of the patient's first and second jaw portions in the determined occlusion (Page 2135 Section labeled “Module 5: surgical simulation” and Page 2136 section labeled “Module 6: surgical splints/template” – Utilizing surgical simulations to determine final dental occlusion between the upper and lower teeth. Manipulating jaw portions in all degrees of freedom using a 3D environment. Displaying measurements in the 3D environment. Fabricating surgical splints and guides utilizing additive manufacturing).
57. A system for determining a virtual occlusion, comprising: a graphic user interface (GUI); and
one or more processors configured to cause the system to execute a comprising the steps of:
obtaining a 3-D representation of a patient' first jaw portion, of a patient and the patient's a second jaw portion of the patient, the second jaw portion being opposite to and moveable with respect to the first jaw portion; with the 3-D representation, setting and representing in the GUI an initial
position of the second jaw portion relative to the first jaw portion, the initial position
being defined by a control point on the second jaw portion and the second jaw
portion having six pre determined degrees of freedom relative to a coordinate
system with an origin fixed relative to the first jaw portion;
receiving user input of one or more changes to at least one degree of
freedom of the six degrees of freedom ranges to at least 090 of the degrees of
freedom; adjusting at least one of the other degrees of freedom of the six degrees of
freedom other than the at least one degree of freedom to minimize a vertical
distance of the control point to the origin while constraining distances between
opposed surfaces of the first and second jaw portions to be positive, thereby
determining an occlusion between the first and second jaw portions; and
representing, in the GUI, the first and second jaw portions in the determined
occlusion (Page 2135 Section labeled “Module 5: surgical simulation” and Page 2136 section labeled “Module 6: surgical splints/template” – Utilizing surgical simulations to determine final dental occlusion between the upper and lower teeth. Manipulating jaw portions in all degrees of freedom using a 3D environment. Displaying measurements in the 3D environment. Fabricating surgical splints and guides utilizing additive manufacturing).
86. A non-transitory computer-readable storage medium, having instructions stored therein, which, when executed by a computing device, causes the computing device to carry out operations comprising:
obtaining a 3-D representation of a first jaw portion of a patient and a second jaw
portion of the patient, the second jaw portion being opposite to and moveable with respect
to the first jaw portion; with the 3-D representation, setting and representing in a graphic user interface
(GUT) an initial position of the second jaw portion relative to the first jaw portion, the initial
position being defined by a control point on the second jaw portion and the second jaw
portion having six degrees of freedom relative to a coordinate system with an origin fixed
relative to the first jaw portion: receiving user input of one or more changes to at least one degree of freedom of the six degrees of freedom: adjusting at least one other degree of freedom of the six degrees of freedom other than the at least one degree of freedom to minimize a vertical distance of the control point to the origin while constraining distances between opposed surfaces of the first and second
jaw portions to be positive, thereby determining an occlusion between the first and second
jaw portions; and representing, in the GUL the first and second jaw portions in the determined
occlusion (Page 2135 Section labeled “Module 5: surgical simulation” and Page 2136 section labeled “Module 6: surgical splints/template” – Utilizing surgical simulations to determine final dental occlusion between the upper and lower teeth. Manipulating jaw portions in all degrees of freedom using a 3D environment. Displaying measurements in the 3D environment. Fabricating surgical splints and guides utilizing additive manufacturing).
88. The method of Claim 4, wherein the change to the position of the control
point relative to the second jaw comprises a change to the position of the control point in
the direction in the coordinate system corresponding to the anterior-posterior direction (Page 2135 Section labeled “Module 5: surgical simulation” and Page 2136 section labeled “Module 6: surgical splints/template” – Utilizing surgical simulations to determine final dental occlusion between the upper and lower teeth. Manipulating jaw portions in all degrees of freedom using a 3D environment. Displaying measurements in the 3D environment. Fabricating surgical splints and guides utilizing additive manufacturing).
89. The method of Claim 1, further comprising one or more of: acquiring
medical image data; converting the medical image data into the 3-D representation of the
first and second jaw portions; or acquiring optical or intraoral scans, said optical or intraoral
scans being the 3-D representation of the first and second jaw portions (Page 2135 Section labeled “Module 5: surgical simulation” and Page 2136 section labeled “Module 6: surgical splints/template” – Utilizing surgical simulations to determine final dental occlusion between the upper and lower teeth. Manipulating jaw portions in all degrees of freedom using a 3D environment. Displaying measurements in the 3D environment. Fabricating surgical splints and guides utilizing additive manufacturing).
Citation of Pertinent Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Fang, Jing-Jing, and Tai-Hong Kuo. "Tracked motion-based dental occlusion surface estimation for crown restoration." Computer-Aided Design 41.4 (2009): 315-323. – relates to tracking plates mounted on upper and lower jaws.
Nadjmi, Nasser, et al. "Virtual occlusion in planning orthognathic surgical procedures." International journal of oral and maxillofacial surgery 39.5 (2010): 457-462. – relates to a setup in 3D environment.
Conclusion
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/CARLOS R ORTIZ RODRIGUEZ/ Primary Examiner, Art Unit 2119
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