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 .
Response to Preliminary Amendment
The Preliminary Amendment filed on 12/09/2024 has been entered.
Response to Preliminary Remarks
Applicant's Preliminary Remarks filed 12/09/2024 concerning the Preliminary Amendment have been considered and those amendments have been entered.
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Claims 2-21 have been interpreted under 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) to not invoke 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) claim interpretation.
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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 2-7, 9-13, 15-19, and 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8, 4, 21, and 17 of U.S. Patent No. 11,051,914 in view of Maraj et al., US Patent Application Publication No. 2018/0110590, hereinafter Maraj.
Regarding independent claims 2, 10, and 15 claims 8 and 21 of parent U.S. Patent No. 11,051,914 claim an orthodontic treatment plan, however, Patented claims 8 and 21 each fail to claim an orthodontic treatment plan having dental attachments. Maraj describes orthodontic treatment plan having dental attachments such as brackets, refer to FIG. 4 and paragraphs [0002]-[0006], [0008], [0024], [0026]-[0030], and [0035] and claims 1, 3, and 10. It would have been obvious to one of ordinary skill in the art to add to the patented claims limitations directed to dental attachments such as brackets because these are often used in the patent’s claimed orthodontic treatment and discussed by Maraj as used in orthodontic treatment.
Regarding dependent claims 3, 11, and 16 claims 8 and 21 of parent U.S. Patent No. 11,051,914 claim an orthodontic treatment plan, however, Patented claims 8 and 21 each fail to claim like above discussed independent claims 2, 10, and 15 each fail to claim an orthodontic treatment plan having dental attachments. The BRI of updated image data of the dental arch and dental practitioner interaction covers image data acquired and dental practitioner interaction over many visits to the dental practice with real time occurring at each visit. Maraj describes orthodontic treatment plan having dental attachments such as brackets, refer to FIG. 4 and paragraphs [0002]-[0006], [0008], [0024], [0026]-[0030], and [0035] and claims 1, 3, and 10. Maraj further describes in paragraph [0025] “In some embodiments, physical arches are scanned at regular intervals to identify actual movement of teeth by physical dental apparatus relative to the last scan. By knowing the positioning of the physical dental apparatus, the actual effect of the physical dental apparatus on the teeth is determined by comparison of these scans. Further, the actual position of the teeth can be compared with the predicted position of the teeth, to vet the accuracy of software 112A/112B and refine software 112A/112B and the movement training data set.”. It would have been obvious to one of ordinary skill in the art to add to the patented claims limitations that at least cover at least two visits to the dental practice directed to dental attachments such as brackets because these are often used in the patent’s claimed orthodontic treatment and discussed by Maraj as used in orthodontic treatment.
Regarding dependent claims 5, 12, and 17 claims 8 and 21 of parent U.S. Patent No. 11,051,914 claim an orthodontic treatment plan, however, Patented claims 8 and 21 each fail to claim an orthodontic treatment plan having an attachment type to be used based on/determined by the dental treatment plan. Maraj describes orthodontic treatment plan having an attachment type to be used based on/determined by the dental treatment plan such as “clear versus metal brackets”, refer to paragraph [0008], [0030], and [0035]. It would have been obvious to one of ordinary skill in the art to add to the patented claims limitations directed to attachment type to be used based on/determined by the dental treatment plan such as “clear versus metal brackets” because these are often used in the patent’s claimed orthodontic treatment and discussed by Maraj as used in orthodontic treatment.
Regarding dependent claims 7 and 19 claims 8 and 21 of parent U.S. Patent No. 11,051,914 claim an AR display present in their respective parent claim, however, Patented claims 8 and 21 each fail to claim a head mounted display. Maraj describes a head mounted display in paragraph [0022] where a “mixed reality device 102 is a headset” is described and FIG. 1A illustrates “mixed reality device 102 is a headset”. It would have been obvious to one of ordinary skill in the art to add to the patented claims limitations directed to an AR display that is a head mounted display because AR displays are often manifested as a head mounted display as discussed by Maraj in paragraph [0022] as used in orthodontic treatment.
Refer to the following table which summarizes the pending claims with regard to this and the below nonstatutory double patenting rejections.
Claims 8, 14, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8, 4, 21, and 17 of U.S. Patent No. 11,051,914 in view of Maraj et al., US Patent Application Publication No. 2018/0110590, hereinafter Maraj as applied above further in view of claims 6 and 14 present in parent Patent U.S. Patent No. 12,070,375.
Regarding dependent claims 8 and 14 claims 8 and 21 of parent U.S. Patent No. 11,051,914 do not claim “determining an identity of the one or more teeth of the dental arch visible in the image data; and adding to the visual overlay a label for each of the one or more teeth.”. Regarding dependent claim 20 claims 8 and 21 of parent U.S. Patent No. 11,051,914 do not claim “determine an identity of the one or more teeth of the dental arch visible in the image data; and add to the visual overlay a label for each of the one or more teeth.”. Each of dependent claims 6 and 14 in parent U.S. Patent No. 12070375 claim “determining an identity of one or more tooth of the dental arch visible in the image data; and adding to the visual overlay a label for each of the one or more tooth.”. Regarding pending claims 8 and 14 it would have been obvious to one of ordinary skill in the art to add to the patented claims 8 and 21 limitations directed to “determining an identity of one or more tooth of the dental arch visible in the image data; and adding to the visual overlay a label for each of the one or more tooth.” and regarding pending claim 20 to add to patented claims 8 and 21 “determine an identity of the one or more teeth of the dental arch visible in the image data; and add to the visual overlay a label for each of the one or more teeth.” because adding labels to teeth will assist in identifying which teeth will have associated dental attachment installed.
Refer to the following table which summarizes the pending claims with regard to this and the above nonstatutory double patenting rejections.
The following table which summarizes the pending claims with regard to the above nonstatutory double patenting rejections.
Claims filed on 12/09/2024,
Non-transitory computer readable medium claims
1. (Canceled)
2. (New) A non-transitory computer readable medium comprising instructions that, when executed by a processing device, cause the processing device to perform operations comprising:
receiving image data of a dental arch of a patient;
receiving a dental treatment plan;
determining, from the dental treatment plan, locations at which one or more attachments are to be attached to one or more teeth of the patient;
determining, for at least one attachment of the one or more attachments, an area in the image data corresponding to a location at which the attachment is to be placed on a tooth of the one or more teeth;
generating a visual overlay comprising an indication of the location to place the attachment; and
outputting the visual overlay to a display.
3. (New) The non-transitory computer readable medium of claim 2, the operations further comprising:
receiving updated image data of the dental arch of the patient; and
performing the following in real time as a dental practitioner interacts with the patient:
determining, for the least one attachment, an updated area in the updated image data corresponding to the location at which the at least one attachment is to be placed on the tooth;
generating an updated visual overlay comprising an updated indication of the location to place the at least one attachment; and
outputting the updated visual overlay to the display.
4. (New) The non-transitory computer readable medium of claim 2, wherein the image data comprises one or more two-dimensional images of an oral cavity of the patient captured as the oral cavity of the patient is viewed by a dental practitioner.
5. (New) The non-transitory computer readable medium of claim 2, the operations further comprising:
determining, for the at least one attachment, an attachment type to be used based on the dental treatment plan; and
providing an indication of the attachment type to be placed at the location.
6. (New) The non-transitory computer readable medium of claim 2,
wherein the display is an augmented reality display, and wherein the image data is captured by an image capture device associated with the augmented reality display.
7. (New) The non-transitory computer readable medium of claim 6, wherein the augmented reality display is a head mounted display.
8. (New) The non-transitory computer readable medium of claim 2, further comprising:
determining an identity of the one or more teeth of the dental arch visible in the image data; and
adding to the visual overlay a label for each of the one or more teeth.
9. (New) The non-transitory computer readable medium of claim 2, wherein the dental treatment plan is an orthodontic treatment plan for the patient.
Claims filed on 12/09/2024,
Method claims
10. (New) A method of facilitating placement of one or more attachments onto one or more teeth of a patient, comprising:
receiving image data of a dental arch of the patient;
receiving a dental treatment plan;
determining, from the dental treatment plan, locations at which the one or more attachments are to be attached to the one or more teeth of the patient;
determining, for at least one attachment of the one or more attachments, an area in the image data corresponding to a location at which the attachment is to be placed on a tooth of the one or more teeth;
generating a visual overlay comprising an indication of the location to place the attachment; and
outputting the visual overlay to a display.
11. (New) The method of claim 10, further comprising:
receiving updated image data of the dental arch of the patient; and
performing the following in real time as a dental practitioner interacts with the patient:
determining, for the least one attachment, an updated area in the updated image data corresponding to the location at which the at least one attachment is to be placed on the tooth;
generating an updated visual overlay comprising an updated indication of the location to place the at least one attachment; and
outputting the updated visual overlay to the display.
12. (New) The method of claim 10, further comprising:
determining, for the at least one attachment, an attachment type to be used based on the dental treatment plan; and
providing an indication of the attachment type to be placed at the location.
13. (New) The method of claim 10,
wherein the display is an augmented reality display, and wherein the image data is captured by an image capture device associated with the augmented reality display.
14. (New) The method of claim 10, further comprising:
determining an identity of the one or more teeth of the dental arch visible in the image data; and
adding to the visual overlay a label for each of the one or more teeth.
Claims filed on 12/09/2024,
System claims
15. (New) A system comprising:
one or more cameras configured to generate image data of a dental arch of a patient;
a display; and
a processing device configured to:
determine, from a dental treatment plan, locations at which one or more attachments are to be attached to one or more teeth of the patient;
determine, for at least one attachment of the one or more attachments, an area in the image data corresponding to a location at which the attachment is to be placed on a tooth of the one or more teeth; and
generate a visual overlay comprising an indication of the location to place the attachment; and
output the visual overlay to the display.
16. (New) The system of claim 15, wherein, as a dental practitioner interacts with the patient:
the one or more cameras are further to receive updated image data of the dental arch of the patient;
the processing device is further to:
determine, for the least one attachment, an updated area in the updated image data corresponding to the location at which the at least one attachment is to be placed on a tooth;
generate an updated visual overlay comprising an updated indication of the location to place the at least one attachment; and
output the updated visual overlay to the display.
17. (New) The system of claim 15, wherein the processing device is further configured to:
determine, for the at least one attachment, an attachment type to be used based on the dental treatment plan; and
output an indication of the attachment type to be placed at the location to the display.
18. (New) The system of claim 15,
wherein the display is an augmented reality display, and wherein the image data is captured by an image capture device associated with the augmented reality display.
19. (New) The system of claim 18, wherein the augmented reality display is a head mounted display.
20. (New) The system of claim 15, wherein the processing device is further configured to:
determine an identity of the one or more teeth of the dental arch visible in the image data; and
add to the visual overlay a label for each of the one or more teeth.
21. (New) The system of claim 15, wherein the dental treatment plan is an orthodontic treatment plan for the patient.
U.S. Patent #11051914
Method Claims
1. A method comprising:
receiving an image of a dental arch, the image having been generated by an image capture device associated with an augmented reality (AR) display;
registering, by a processing device, the image of the dental arch to previous image data associated with the dental arch;
comparing, by the processing device, one or more areas of the dental arch from the image to one or more corresponding areas of the dental arch from the previous image data;
determining, by the processing device, a position of an area of interest on the dental arch based on the comparing;
Following is from dependent method claim 8
8. The method of claim 1, wherein the previous image data associated with the dental arch is from an orthodontic treatment plan for the dental arch that comprises a plurality of treatment stages, each treatment stage of the plurality of treatment stages comprising target positions and orientations for teeth of the dental arch, the method further comprising:
determining a current treatment stage of the orthodontic treatment plan;
Regarding the claimed attachment
refer to the above obvious rationale.
determining whether a tooth at the area of interest deviates from the orthodontic treatment plan for the current treatment stage; and
adding, to the visual overlay, an indication of whether the tooth at the area of interest deviates from the orthodontic treatment plan.
Following is a continuation of the US Patent’s independent method claim 1:
generating, by the processing device, a visual overlay comprising an indication of the area of interest; and
outputting the visual overlay to the AR display, wherein the visual overlay is superimposed over a view of the dental arch on the AR display at the position of the area of interest.
Regarding these claims
refer to the above obvious rationale.
3. The method of claim 1, wherein the previous image data comprises at least one of an optical image of at least a portion of the dental arch, an x-ray image of at least the portion of the dental arch, or a three-dimensional model of the dental arch, and wherein determining the position of the area of interest comprises: determining a difference between an area of the dental arch in the image and a corresponding area of the dental arch in the previous image data, wherein the position of the area of interest corresponds to a position at which the difference occurred.
4. The method of claim 3, wherein the difference indicates at least one of wear on a tooth, movement of a tooth, gum swelling, gum recess, a cavity, oral cancer, a plaque deposit, or a tooth crack.
Regarding the claimed attachment
refer to the above obvious rationale.
Following is from the US Patent’s independent method claim 1:
outputting the visual overlay to the AR display, wherein the visual overlay is superimposed over a view of the dental arch on the AR display at the position of the area of interest.
Regarding the claimed head mounted display
refer to the above obvious rationale.
Following is from U.S. Patent #
12070375
dependent method claim 6:
6. The method of claim 1, further comprising:
determining an identity of one or more tooth of the dental arch visible in the image data; and
adding to the visual overlay a label for each of the one or more tooth.
Following is from U.S. Patent #11051914
8. The method of claim 1, wherein the previous image data associated with the dental arch is from an orthodontic treatment plan for the dental arch that comprises a plurality of treatment stages, each treatment stage of the plurality of treatment stages comprising target positions and orientations for teeth of the dental arch, the method further comprising: determining a current treatment stage of the orthodontic treatment plan; determining whether a tooth at the area of interest deviates from the orthodontic treatment plan for the current treatment stage; and adding, to the visual overlay, an indication of whether the tooth at the area of interest deviates from the orthodontic treatment plan.
U.S. Patent #11051914
System Claims
14. A system comprising:
a memory device; and
a processing device operatively coupled to the memory device, the processing device to:
receive an image of a dental arch, the image having been generated by an image capture device associated with an augmented reality (AR) display;
register the image of the dental arch to previous image data associated with the dental arch;
make a comparison between one or more areas of the dental arch from the image and one or more corresponding areas of the dental arch from the previous image data; determine a position of an area of interest on the dental arch based on the comparison;
Following is from dependent system claim 21
21. The system of claim 14, wherein the previous image data associated with the dental arch is from an orthodontic treatment plan for the dental arch that comprises a plurality of treatment stages, each treatment stage of the plurality of treatment stages comprising target positions and orientations for teeth of the dental arch, and wherein the processing device is further to:
determine a current treatment stage of the orthodontic treatment plan;
Regarding the claimed attachment
refer to the above obvious rationale.
determine that a tooth at the area of interest deviates from the orthodontic treatment plan for the current treatment stage; and
add, to the visual overlay, an indication of the deviation from the orthodontic treatment plan.
Following is a continuation of the US Patent’s independent system claim 14:
generate a visual overlay comprising an indication of the area of interest; and
output the visual overlay to the AR display, wherein the visual overlay is superimposed over a view of the dental arch on the AR display at the position of the area of interest.
Regarding these claims
refer to the above obvious rationale.
16. The system of claim 14, wherein the previous image data comprises at least one of an optical image of at least a portion of the dental arch, an x-ray image of at least the portion of the dental arch, or a three-dimensional model of the dental arch, and wherein to determine the position of the area of interest the processing device is further to: determine a difference between an area of the dental arch in the image and a corresponding area of the dental arch in the previous image data, wherein the position of the area of interest corresponds to a position at which the difference occurred.
17. The system of claim 16, wherein the difference indicates at least one of wear on a tooth, movement of a tooth, gum swelling, gum recess, a cavity, oral cancer, a plaque deposit, or a tooth crack.
Regarding the claimed attachment
refer to the above obvious rationale.
Following is from the US Patent’s independent method claim 14:
output the visual overlay to the AR display, wherein the visual overlay is superimposed over a view of the dental arch on the AR display at the position of the area of interest.
Regarding the claimed head mounted display
refer to the above obvious rationale.
Following is from U.S. Patent #
12070375
dependent non-transitory computer readable medium claim 14:
14. The non-transitory computer readable medium of claim 9, the operations further comprising:
determining an identity of one or more tooth of the dental arch visible in the image data; and
adding to the visual overlay a label for each of the one or more tooth.
Following is from U.S. Patent #11051914
21. The system of claim 14, wherein the previous image data associated with the dental arch is from an orthodontic treatment plan for the dental arch that comprises a plurality of treatment stages, each treatment stage of the plurality of treatment stages comprising target positions and orientations for teeth of the dental arch, and wherein the processing device is further to: determine a current treatment stage of the orthodontic treatment plan; determine that a tooth at the area of interest deviates from the orthodontic treatment plan for the current treatment stage; and add, to the visual overlay, an indication of the deviation from the orthodontic treatment plan.
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 (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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 2-7, 9-13, and 15-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Maraj et al., US Patent Application Publication No. 2018/0110590, hereinafter Maraj.
Claim 2:
2. (New) A non-transitory computer readable medium comprising instructions that, when executed by a processing device, cause the processing device to perform operations (Maraj: paragraphs [0007], [0023], and [0040] and claim 1.) comprising:
receiving image data of a dental arch of a patient (Maraj: scanning a physical arch, refer to abstract, paragraphs [0023] and [0036], step 202, and FIGs. 1A, 1B, 4, 8, 9A, and 9B.);
receiving a dental treatment plan (Maraj: “the practitioner can make manual adjustments to the location of the virtual dental apparatus” or computer may make adjustments both of which start with an initial dental treatment plan, step 204, 204A, and 204’ paragraphs [0036], [0040], and [0041].) ;
determining, from the dental treatment plan, locations at which one or more attachments are to be attached to one or more teeth of the patient (Maraj: FIG. 4 illustrates attachments attached at locations, “the practitioner can make manual adjustments to the location of the virtual dental apparatus” or computer may make adjustments both of which start with an initial dental treatment plan, step 204, 204A, and 204’ paragraphs [0036], [0040], and [0041]);
determining, for at least one attachment of the one or more attachments, an area in the image data corresponding to a location at which the attachment is to be placed on a tooth of the one or more teeth (Maraj: FIG. 4 illustrates attachments attached at locations, “the practitioner can make manual adjustments to the location of the virtual dental apparatus” or computer may make adjustments both of which start with an initial dental treatment plan, step 204, 204A, and 204’ paragraphs [0036], [0040], and [0041].);
generating a visual overlay comprising an indication of the location to place the attachment (Maraj: FIG. 4 illustrates visual overlay comprising an indication of the location to place the attachments, step 204, 204A, 204’, 206, and 210, paragraphs [0029], [0036], [0037], [0039], [0040], and [0041]); and
outputting the visual overlay to a display (Maraj: FIG. 4 illustrates displayed visual overlay outputted to a display, 206, and 210, paragraphs [0029], [0037], and [0039].).
Claim 3:
3. (New) The non-transitory computer readable medium of claim 2, the operations further comprising:
receiving updated image data of the dental arch of the patient (Maraj: paragraph [0025] “In some embodiments, physical arches are scanned at regular intervals to identify actual movement of teeth by physical dental apparatus relative to the last scan. By knowing the positioning of the physical dental apparatus, the actual effect of the physical dental apparatus on the teeth is determined by comparison of these scans. Further, the actual position of the teeth can be compared with the predicted position of the teeth, to vet the accuracy of software 112A/112B and refine software 112A/112B and the movement training data set.”.)
; and
performing the following in real time as a dental practitioner interacts with the patient (Maraj: FIG. 4 and paragraph [0029].):
determining, for the least one attachment, an updated area in the updated image data corresponding to the location at which the at least one attachment is to be placed on the tooth (Maraj: paragraph [0025] and discussion given above for determining step in claim 2.);
generating an updated visual overlay comprising an updated indication of the location to place the at least one attachment (Maraj: paragraph [0025] and discussion given above for generating step in claim 2.); and
outputting the updated visual overlay to the display (Maraj: paragraph [0025] and discussion given above for outputting step in claim 2.).
Claim 4:
4. (New) The non-transitory computer readable medium of claim 2, wherein the image data comprises one or more two-dimensional images of an oral cavity of the patient captured as the oral cavity of the patient is viewed by a dental practitioner (Maraj: intraoral scan of the arch, paragraphs [0023] and [0024].).
Claim 5:
5. (New) The non-transitory computer readable medium of claim 2, the operations further comprising:
determining, for the at least one attachment, an attachment type to be used based on the dental treatment plan (Maraj: orthodontic treatment plan having an attachment type to be used based on/determined by the dental treatment plan such as “clear versus metal brackets”, refer to paragraph [0008], [0030], and [0035].); and
providing an indication of the attachment type to be placed at the location (Maraj: FIG. 4 illustrates attachments such as “clear versus metal brackets” attached at locations, “the practitioner can make manual adjustments to the location of the virtual dental apparatus” or computer may make adjustments both of which start with an initial dental treatment plan, step 204, 204A, and 204’ paragraphs [0036], [0040], and [0041] and refer to paragraph [0008], [0030], and [0035].).
Claim 6:
6. (New) The non-transitory computer readable medium of claim 2,
wherein the display is an augmented reality display, and wherein the image data is captured by an image capture device associated with the augmented reality display (Maraj: mixed reality covers augmented reality, mixed reality device 102 is a headset, computing device 106 and scanning device are associated with the mixed reality device 102, refer to FIGs. 1A and 1B and paragraph [0022] “In some embodiments, mixed reality device 102 is a headset.” and [0023] “In some embodiments, computing device 106 includes a desktop computer, laptop computer, tablet computer, smartphone, PDA, cloud service, headset, etc.”.).
Claim 7:
7. (New) The non-transitory computer readable medium of claim 6, wherein the augmented reality display is a head mounted display (Maraj: mixed reality covers augmented reality, mixed reality device 102 is a headset, refer to FIGs. 1A and 1B and paragraph [0022] and [0023].).
Claim 9:
9. (New) The non-transitory computer readable medium of claim 2, wherein the dental treatment plan is an orthodontic treatment plan for the patient (Maraj: orthodontic treatment, refer to paragraphs [0002].).
Claim 10-13:
Claims 10-13 are method claim versions of non-transitory computer readable medium claims 2, 3, 5, and 6. Method claims 10-13 are rejected for the same reasons given for non-transitory computer readable medium claims 2, 3, 5, and 6.
Additionally the method claims do not claim an actor for the steps, thus, the BRI of the method claims are much broader than the BRI of the non-transitory computer readable medium claims and the BRI of the method claims are much broader than the BRI of the system claims.
Claims 15-19:
Claims 15-19 are system claim versions of non-transitory computer readable medium claims 2, 3, and 5-7. System claims 15-19 are rejected for the same reasons given for non-transitory computer readable medium claims 2, 3, and 5-7.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 8, 14, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Maraj et al., US Patent Application Publication No. 2018/0110590, hereinafter Maraj in view of Kitching et al., US Patent Application Publication No. 2008/0305454, hereinafter Kitching.
Claim 8:
8. (New) The non-transitory computer readable medium of claim 2, further comprising:
determining an identity of the one or more teeth of the dental arch visible in the image data (Maraj: FIG. shows teeth specific brackets and paragraph [0032] describes “alignment identifying software 116 includes software 116′ for training system 100 with a landmarked training data set to identify a tooth, teeth, or arch outline, or a combination thereof.”. Kitching: FIG. 6 discussed in paragraph [0054] describes guidelines or task instructions 368 and FIG. 6 illustrates guidelines or task instructions 368 have label stating teeth identification “tooth #5 and #6”.); and
adding to the visual overlay a label for each of the one or more teeth (Maraj: silent. Kitching: FIG. 6 discussed in paragraph [0054] describes guidelines or task instructions 368 and FIG. 6 illustrates guidelines or task instructions 368 have label stating teeth identification “tooth #5 and #6”.).
Maraj is silent with regard to the claimed “adding to the visual overlay a label for each of the one or more teeth”.
Kitching et al. describes visualizing dental attachment locations 365,367, and a graphical representation of the patient's projected tooth position 366, refer to FIG. 6 and paragraph [0054]. Kitching describes in FIG. 6 and paragraph [0054] guidelines or task instructions 368 and FIG. 6 illustrates guidelines or task instructions 368 have label stating teeth identification “tooth #5 and #6”.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention in view of Kitching to modify Maraj to add to the visual overlay a label for each of the one or more teeth to assist in communication “to the practitioner general goals to be accomplished at the appointment” as described In Kitching paragraph [0054] because “Providing the guidelines and instructions along with such graphical illustrations can advantageously help to more effectively communicate task instructions to the practitioner at the appropriate point in the treatment and more effectively manage treatment.” described in Kitching in paragraph [0054].
Claim 14:
Claims 14 is a method claim version of non-transitory computer readable medium claims 8. Method claim 14 is rejected for the same reasons given for non-transitory computer readable medium claim 8.
Additionally the method claims do not claim an actor for the steps, thus, the BRI of the method claims are much broader than the BRI of the non-transitory computer readable medium claims and the BRI of the method claims are much broader than the BRI of the system claims.
Claim 20:
Claim 20 is a system claim version of non-transitory computer readable medium claim 8. System claim 20 is rejected for the same reasons given for non-transitory computer readable medium claim 8.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Duret et al., US Patent Application Publication No. 2015/0350517, describes with regard to FIG. 1 augmented reality in dental treatment.
Rohaly et al., US Patent Application Publication No. US 2010/0281370, describes with regard to FIG. 10 augmented reality in dental treatment.
Parent US Patents
The 3 of the 5 parent US Patents not used above are listed here:
U.S. Patent # 11559377,
U.S. Patent # 11317999, and
U.S. Patent # 10888399.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFERY A BRIER whose telephone number is (571)272-7656. The examiner can normally be reached on Mon-Fri from 8:30am-3:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao M Wu, can be reached at telephone number 571-272-7761. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JEFFERY A. BRIER
Primary Examiner
Art Unit 2613
/JEFFERY A BRIER/Primary Examiner, Art Unit 2613