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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/24/2026, has been entered.
Response to Arguments
Applicant's arguments filed on 6/24/2026, with respect to rejection of claim 2-21, have been fully considered but they are not persuasive. Regarding independent claims 2 and12 (and their respective dependent claims), Applicant argues that “Wen is relied upon for allegedly teaching aspects of "providing, to the electronic device, one or more of each of the first and second plurality of treatment plans to a dental professional for evaluation, the first and second treatment plans for moving the teeth from respective initial positions towards respective desired final positions. See Office Action at 12. However, Wen does not teach or suggest providing first and second pluralities of treatment plans, before initiating orthodontic treatment, where the provided plans are for moving teeth from respective initial positions toward respective desired final positions. Instead, Wen teaches that "the treatment process is not predetermined from the start to the end of the entire treatment." See Wen at paragraph [0136]. Wen goes on to state that "This also provides flexibility to the practitioner to alter the treatment mid-course . ..." Id. Wen discusses the fact that the treatment options do not result in a desired final position, elsewhere, including at paragraph [0135], stating that "the step-by-step process for subsequent treatments is variable such that the final treatment step is not pre-determined." (please see Remarks, page 7).
Examiner respectfully, disagrees, as Wen discloses in paragraph 24, “With the dental model labeled and defined, the user may then generate a treatment plan for moving the labeled and defined tooth or teeth relative to one another to correct for any malocclusions. Upon approval of the treatment plan, a series of 3D printed dental appliances or aligners to be worn in series by the patient may be lubricated to ultimately move the tooth or teeth to a desired position” here please note “desired position” corresponds to claimed final position, and also as previously cited paragraph 143, discloses “Once the dental records are acquired, the lower arch and upper arch relationship may be imported or calculated 112 for registration by one or more computing devices and a flexible dental anatomy model may be auto created 113 by one or more processors located locally in proximity to where the patient is treated, e.g., dental office, or remotely from the patient location. Once the dental anatomy model has been digitally created and confirmed to fit and that the arch model can open and close as expected, one or more possible treatments may be created in real-time chairside of the patient 116 and the one or more treatment options may be shown and/or discussed with the patient chairside 118 where simulations of the treatment options may also be shown and/or discussed for potentially altering the treatment plan as needed. The simulations of treatment options may be displayed to the patient using any number of electronic display methods.”. Hence as cam be seen from above passages that Wen reference discloses first and second pluralities of treatment plans, before initiating orthodontic treatment, where the provided plans are for moving teeth from respective initial positions toward respective desired final positions. Therefore Wen reads on the argues limitations as presented by the Applicant. Examiner suggests Applicant to further elaborate on how the treatment plans are generated if different from the cited reference in order to overcome the cited reference.
Applicant further argues that “Second, Sachdeva is cited for allegedly teaching aspects of "using a clinical decision tree before initiating orthodontic treatment." Office Action at 13-14. The rejection relies on the orthodontic treatment system 10 and treatment plan device 12 of FIG. 1 along with step 60 and received treatment constraints while also citing to paragraphs 12, 24, 25, 28, and 30. However, nothing here teaches or suggests a clinical decision tree. Instead, Sachdeva merely discusses the simulation of a treatment "based on the received digital information, the treatment objective, and normalized patient data" at block 54 (see Sachdeva at paragraph [0028]) and generation of a treatment plan at block 60 after acknowledgment of the simulated result at block 56. See Sachdeva at paragraph [0030]. Nothing here can reasonably be said to teach or suggest a clinical decision tree at all, let alone using one before initiating orthodontic treatment.”
Examiner respectfully disagrees, as Sachdeva, Fig. 2, shows a decision tree, which generates a treatment plan (step 60) before initiating orthodontic treatment please see paragraph 24 of Sachdeva and received treatment constraint (step 46-54), and also please see paragraphs 12, 25, 28, and 30, which further elaborate on decision tree shown in Fig. 2. Examiner suggests Applicant to further elaborate on decision tree or how decision tree implemented and/or utilized if different from the cited reference, in order to overcome the cited reference. Therefore in view of above explanation Wen in view of Miller in view of Sachdeva reads on the argued limitations of independent claims 2 and 12 (and their respective dependent claims), as presented by the Applicant.
Further, Applicant’s arguments, with respect to obviousness type double patenting rejection (please see Remarks, page 6), have been fully considered and rejection is being maintained in view of arguments.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 2-21 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6, 8, 10, 12, 16-17, and 19, of US Patent 12,064,310 B2 in view of Sachdeva (US PGPUB 2004/0002873 A1), as being described below .
Instant Application 18/771,087.
US Patent 12,064,310 B2
Claim 2. A method of digital treatment planning via an electronic device, the method comprising: receiving a three-dimensional model representative of a patient's teeth; determining, based on the three-dimensional model, a degree of malocclusion for each of a plurality of malocclusions of the patient's teeth including a first malocclusion and a second malocclusion; receiving treatment constraints for the patient's teeth; generating, using a clinical decision tree, the received treatment constraints, and the degree of malocclusion for teach of the plurality of malocclusions, a first plurality of treatment plans based on the received treatment constraints, wherein the clinical decision tree comprises at least two branched treatment plan options that include at least one of the received treatment constraints; generating, before initiating orthodontic treatment, a second plurality of modified treatment plans by modifying some of the first plurality of modified treatment plans to treat the second malocclusion; providing, to the electronic device, one or more of each of the first and second plurality of treatment plans to a dental professional for evaluation, the first and second treatment plans for moving the teeth from respective initial positions towards respective desired final positions; receiving a selection of a treatment plan from the dental professional among the one or more of each of the first and second plurality of treatment plans; and generating, on a display of the electronic device, a graphical representation of the selected treatment plan for display on the electronic device.
3. The method of claim 2, wherein the graphical representation comprises a second three-dimensional model representative of a treatment outcome of the patient's teeth.
4. The method of claim 2, further comprising modifying the selected treatment plan.
5. The method of claim 2, wherein the first malocclusion comprises a molar malocclusion.
6. The method of claim 2, wherein the second malocclusion comprises a canine malocclusion.
7. The method of claim 2, wherein the treatment constraints comprises a selection of teeth not to be moved during orthodontic treatment.
8. The method of claim 2, wherein the treatment constraints comprises restricting interproximal reduction to certain teeth or groups of teeth.
9. The method of claim 2, wherein the second plurality of modified treatment plans comprises at least one treatment plan that does not treat the first malocclusion.
10. The method of claim 2, further comprising measuring relative positions of the patient's teeth on the three-dimensional model.
11. The method of claim 2, further comprising: generating a model of an appliance for each stage of the selected treatment plan; and outputting instructions for fabricating the appliance for each stage of the selected treatment plan based on the model of the appliance for each stage of the selected treatment plan.
Claim 12.
13. The non-transitory computing device readable medium of claim 12, wherein the graphical representation comprises a second three-dimensional model representative of a treatment outcome of the patient's teeth.
14. The non-transitory computing device readable medium of claim 12, wherein the method further comprises modifying the selected treatment plan.
15. The non-transitory computing device readable medium of claim 12, wherein the first malocclusion comprises a molar malocclusion.
16. The non-transitory computing device readable medium of claim 12, wherein the second malocclusion comprises a canine malocclusion.
17. The non-transitory computing device readable medium of claim 12, wherein the treatment constraints comprises a selection of teeth not to be moved during orthodontic treatment.
18. The non-transitory computing device readable medium of claim 12, wherein the treatment constraints comprises restricting interproximal reduction to certain teeth or groups of teeth.
19. The non-transitory computing device readable medium of claim 12, wherein the second plurality of modified treatment plans comprises at least one treatment plan that does not treat the first malocclusion.
20. The non-transitory computing device readable medium of claim 12, further comprising measuring relative positions of the patient's teeth on the three-dimensional model.
21. The non-transitory computing device readable medium of claim 12, wherein the method further comprises: generating a model of an appliance for each stage of the selected treatment plan; and outputting instructions for fabricating the appliance for each stage of the selected treatment plan based on the model of the appliance for each stage of the selected treatment plan.
Claim 1. A method of digital treatment planning via an electronic device, the method comprising: receiving a three-dimensional model representative of a patient's teeth; identifying, based on the three-dimensional model, a plurality of malocclusions of the patient's teeth including a first malocclusion and a second malocclusion; receiving treatment constraints for the patient's teeth; generating, using a clinical decision tree to accommodate the received treatment constraints, a first plurality of treatment plans based on the received treatment constraints, wherein the clinical decision tree comprises at least two branched treatment plan options that include at least one of the received treatment constraints and the three-dimensional model is validated against the at least two branched treatment plan options to select a treatment plan option of the at least two branched treatment plan options; generating a second plurality of treatment plans by modifying some of the first plurality of treatment plans to treat the first malocclusion; generating a third plurality of modified treatment plans by modifying some of the second plurality of modified treatment plans to treat the second malocclusion; providing one or more of the third plurality of modified treatment plans to a dental professional for evaluation; receiving a selection of a treatment plan from the dental professional among the one or more of the third plurality of modified treatment plans; and displaying a graphical representation of the selected treatment plan for display on the electronic device.
2. The method of claim 1, wherein the graphical representation comprises a second three-dimensional model representative of a treatment outcome of the patient's teeth.
3. The method of claim 1, further comprising modifying the selected treatment plan.
4. The method of claim 1, wherein the first malocclusion comprises a molar malocclusion.
6. The method of claim 1, wherein the second malocclusion comprises a canine malocclusion.
8. The method of claim 1, wherein the treatment constraints comprises a selection of teeth not to be moved during orthodontic treatment.
10. The method of claim 1, wherein the treatment constraints comprises restricting interproximal reduction to certain teeth or groups of teeth.
12. The method of claim 1, wherein the second plurality of modified treatment plans comprises at least one treatment plan that does not treat the first malocclusion.
16. The method of claim 1, further comprising measuring positions of the patient's teeth on the three-dimensional model.
17. The method of claim 1, further comprising: generating a model of an appliance for each stage of the selected treatment plan; and outputting instructions for fabricating the appliance for each stage of the selected treatment plan based on the model of the appliance for each stage of the selected treatment plan.
Claim 19.
2. The method of claim 1, wherein the graphical representation comprises a second three-dimensional model representative of a treatment outcome of the patient's teeth.
3. The method of claim 1, further comprising modifying the selected treatment plan.
4. The method of claim 1, wherein the first malocclusion comprises a molar malocclusion.
6. The method of claim 1, wherein the second malocclusion comprises a canine malocclusion.
8. The method of claim 1, wherein the treatment constraints comprises a selection of teeth not to be moved during orthodontic treatment.
10. The method of claim 1, wherein the treatment constraints comprises restricting interproximal reduction to certain teeth or groups of teeth.
12. The method of claim 1, wherein the second plurality of modified treatment plans comprises at least one treatment plan that does not treat the first malocclusion.
16. The method of claim 1, further comprising measuring positions of the patient's teeth on the three-dimensional model.
17. The method of claim 1, further comprising: generating a model of an appliance for each stage of the selected treatment plan; and outputting instructions for fabricating the appliance for each stage of the selected treatment plan based on the model of the appliance for each stage of the selected treatment plan.
As can be seen, patent 310 claims discloses all the claim limitations of instant application except generating, using a clinical decision tree before initiating orthodontic treatment, the received treatment constraints, and the degree of malocclusion, a treatment plan,
Sachdeva discloses generating, using a clinical decision tree before initiating orthodontic treatment, the received treatment constraints, and the degree of malocclusion, a treatment plan (Sachdeva, Fig. 1:10:12, and Fig. 2, shows a decision tree, which generates a treatment plan (step 60) before initiating orthodontic treatment and received treatment constraint (step 46-54), and also please see paragraphs 12, 24-25, 28, and 30).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify patent 310, teachings by generating a treatment plan to arrive at the claimed invention, as taught by Sachdeva.
The motivation would be to provide an improved scientific approach which maintains treatment costs, and provides a more consistent treatment time, especially with respect to automation of treatment plan generation (paragraph 11), as taught by Sachdeva
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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) 2-21, is/are rejected under 35 U.S.C. 103 as being unpatentable over Wen (US PGPUB 2017/0100214 A1) and further in view of Miller (US PGPUB 2014/0193766 A1) and further in view of Sachdeva (US PGPUB 2004/0002873 A1).
As per claim 2, Wen discloses a method of digital treatment planning (Wen, Figs. 1A-9) via an electronic device (Wen, Fig. 8:250), the method comprising:
receiving a three-dimensional model representative of a patient's teeth (Wen, Fig. 1A:14:16, and paragraphs 139 and 142);
determining, based on the three-dimensional model, a degree of malocclusion for each of a plurality of malocclusions of the patient's teeth including a first malocclusion and a second malocclusion (Wen, paragraphs 25, 133, and 142-143);
receiving treatment constraints for the patient's teeth (Wen, Fig. 1A:18, and Fig. 1B:30, and paragraph 135);
generating, using a clinical decision tree, the received treatment constraints (Wen, Fig. 1B:32:34), and the degree of malocclusion for each of the plurality of malocclusions, a first plurality of treatment plans based on the received treatment constraints (Wen, Fig. 1B:34:40:46, and paragraphs 27 and 183), wherein the clinical decision tree comprises at least two branched treatment plan options that include at least one of the received treatment constraints (Wen, Fig. 1B:34:40);
generating, before initiating orthodontic treatment, a second plurality of treatment plans by modifying some of the first plurality of treatment plans to treat the second malocclusion (Wen, Fig. 2A:116, and paragraphs 34 and 143);
providing, to the electronic device, one or more of each of the first and second plurality of treatment plans to a dental professional for evaluation (Wen, paragraphs 29, 136, 143 and 202), the first and second treatment plans for moving the teeth from respective initial positions towards respective desired final positions (Wen, paragraphs 24, 27, 34, 186, and 202);
generating, on a display of the electronic device, a graphical representation of the selected treatment plan for display on the electronic device (Wen, paragraphs 143, 174, and 202).
Although Wen discloses treatment plan selection however Wen does not explicitly disclose receiving a selection of a treatment plan from the dental professional among the one or more of each of the first and second plurality of treatment plans;
Miller discloses receiving a selection of a treatment plan from the dental professional among the one or more of each of the first and second plurality of treatment plans (Miller, paragraphs 88-89 and 91);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wen teachings by selecting a treatment plan, as taught by Miller.
The motivation would be to provide a system which greatly improves patient compliance, comfort, and satisfaction (paragraph 29), as taught by Miller.
Although Wen in view of Miller discloses generating, using a clinical decision tree, the received treatment constraints (Wen, Fig. 1B:32:34), and the degree of malocclusion for teach of the plurality of malocclusions, a first plurality of treatment plans based on the received treatment constraints (Wen, Fig. 1B:34:40:46, and paragraphs 27 and 183), however Wen in view of Miller does not explicitly disclose generating, using a clinical decision tree before initiating orthodontic treatment, the received treatment constraints, and the degree of malocclusion, a treatment plan,
Sachdeva discloses generating, using a clinical decision tree before initiating orthodontic treatment, the received treatment constraints, and the degree of malocclusion, a treatment plan (Sachdeva, Fig. 1:10:12, and Fig. 2, shows a decision tree, which generates a treatment plan (step 60) before initiating orthodontic treatment and received treatment constraint (step 46-54), and also please see paragraphs 12, 24-25, 28, and 30).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wen in view of Miller teachings by generating a treatment plan, as taught by Sachdeva.
The motivation would be to provide an improved scientific approach which maintains treatment costs, and provides a more consistent treatment time, especially with respect to automation of treatment plan generation (paragraph 11), as taught by Sachdeva.
As per claim 3, Wen in view of Miller in view of Sachdeva further discloses the method of claim 2, wherein the graphical representation comprises a second three-dimensional model representative of a treatment outcome of the patient's teeth (Wen, paragraphs 144, 152 and 174).
As per claim 4, Wen in view of Miller in view of Sachdeva further discloses the method of claim 2, further comprising modifying the selected treatment plan (Miller, paragraphs 88 and 91).
As per claim 5, Wen in view of Miller in view of Sachdeva further discloses the method of claim 2, wherein the first malocclusion comprises a molar malocclusion (Wen, paragraphs 194 and 244).
As per claim 6, Wen in view of Miller in view of Sachdeva further discloses the method of claim 2, wherein the second malocclusion comprises a canine malocclusion (Miller, paragraph 18).
As per claim 7, Wen in view of Miller in view of Sachdeva further discloses the method of claim 2, wherein the treatment constraints comprises a selection of teeth not to be moved during orthodontic treatment (Wen, paragraphs 29, 161, and 187).
As per claim 8, Wen in view of Miller in view of Sachdeva further discloses the method of claim 2, wherein the treatment constraints comprises restricting interproximal reduction to certain teeth or groups of teeth (Wen, paragraphs 20 and 32).
As per claim 9, Wen in view of Miller in view of Sachdeva further discloses the method of claim 2, wherein the second plurality of treatment plans comprises at least one treatment plan that does not treat the first malocclusion (Miller, paragraphs 69 and 71).
As per claim 10, Wen in view of Miller in view of Sachdeva further discloses the method of claim 2, further comprising measuring relative positions of the patient's teeth on the three-dimensional model (Wen, paragraph 152).
As per claim 11, Wen in view of Miller in view of Sachdeva further discloses the method of claim 2, further comprising:
generating a model of an appliance for each stage of the selected treatment plan (Wen, paragraphs 152 and 154); and
outputting instructions for fabricating the appliance for each stage of the selected treatment plan based on the model of the appliance for each stage of the selected treatment plan. (Wen, paragraphs 152 and 154)
As per claim 12, Wen discloses a non-transitory computing device readable medium storing instructions executable by a processor to cause a computing device to perform a method via an electronic device (Wen, Fig. 8:852, and paragraph 174), the method comprising:
For rest of claim limitations please see the analysis of claim 2.
As per claim 13, please see the analysis of claim 3.
As per claim 14, please see the analysis of claim 4.
As per claim 15, please see the analysis of claim 5.
As per claim 16, please see the analysis of claim 6.
As per claim 17, please see the analysis of claim 7.
As per claim 18, please see the analysis of claim 8.
As per claim 19, please see the analysis of claim 9.
As per claim 20, please see the analysis of claim 10.
As per claim 21, please see the analysis of claim 11.
Conclusion
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/SYED HAIDER/Primary Examiner, Art Unit 2633
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