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
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hansen et la. (2018/0021113).
Regarding claim 1, Hansen discloses a custom tool (figures 1-23) for forming a dental restoration in a mouth of a patient, the custom tool comprising: a mold body (e.g. fig. 4) providing for a customized fit with at least one tooth (e.g. 102) of the patient, the mold body including an occlusal portion (e.g. top portion) forming an occlusal surface corresponding with an occlusal surface of the tooth or an incisal portion corresponding with an incisal surface of the tooth, a mesial proximal portion (e.g. 30 fig 4) forming a mesial proximal surface corresponding with a mesial proximal surface of the tooth, and a distal proximal portion (e.g. 30 fig. 5) forming a distal proximal surface corresponding with a distal proximal surface of the tooth, wherein the mold body is configured/capable to combine with the tooth of the patient to form a mold cavity encompassing missing tooth structure of the tooth (e.g. at 105), and wherein the occlusal or incisal portion, the mesial proximal portion, and the distal proximal portion are based on three-dimensional scan data of the mouth of the patient ([0010]), wherein the mold body contains features configured to extend subgingivally or into a hidden interproximal space (fig. 5-6 see 12, 22a).
Regarding claim 2, the custom tool is configured/capable to retract the gingiva from the tooth for a restoration of the tooth given the tool includes all the structures recited in the claim.
Regarding claim 3, the mold body is further configured to provide features (e.g. structures), including customized gingival surfaces based on the 3D data representing an isolation matrix for the dental restauration (e.g. isolating adjacent teeth).
Regarding claim 4, the occlusal portion, the mesial proximal portion and the distal proximal portion are all customized to fit around the tooth receiving the restoration (see the figures clearly showing it).
Regarding claim 5 data for the features configured to extend subgingivally or into a hidden interproximal space are based off of anatomical averages, or patient specific data, such as x-ray, ultrasound, or MRI (e.g. scanned data).
Regarding claim 6 the tool further including a first interproximal portion including the mesial proximal surface, and a second interproximal portion including the distal proximal portion (e.g. portions of the tool as shown in fig. 6).
Regarding claim 7 the first interproximal portion includes a distal proximal surface corresponding to a distal proximal surface of a first adjacent tooth, and the second interproximal portion includes a mesial proximal surface corresponding to the mesial proximal surface of a second adjacent tooth (fig. 6).
Regarding claim 8 the first interproximal portion includes a first gingival surface and the second interproximal portion includes a second gingival surface (fig. 6).
Regarding claim 9 the custom tool is configured/capable to retract the gingiva from the tooth for a restoration of the tooth.
Regarding claim 10 the occlusal portion, the mesial proximal portion, and the distal proximal portion are manufactured by three-dimensional printing or by CAD/CAM milling processes ([0010]).
Regarding claim 11 the occlusal portion, the mesial proximal portion, and the distal proximal portion together form an inner surface corresponding to the tooth’s outer surface prior to restoration (fig. 6).
Regarding claim 12 the tooth further comprising a dental restorative material (e.g. 105) located within the mold cavity (fig. 6)
Regarding claim 13, the first interproximal portion and the second interproximal portion are configured/capable to assist in separating the first adjacent tooth and a second adjacent tooth from the tooth receiving the restoration (fig. 6).
Regarding claim 14 the first interproximal portion and the second interproximal portion are configured/capable to forcibly separate the first adjacent tooth and the second adjacent tooth from the tooth receiving the restoration upon insertion of mold body within the mouth of the patient (fig 6).
Regarding claim 15 the first interproximal portion and the second interproximal portion are configured/capable to isolate the tooth receiving the restoration from blood or saliva.
Regarding claim 16 the mold body is a one-piece mold body (fig. 4).
Regarding claim 17 Hansen discloses a process of making a custom tool for forming a dental restoration of a tooth within a mouth of a patient, the process comprising: obtaining three dimensional scan data of a patient’s mouth (fig. 1); and three-dimensionally printing the custom tool of claim 1 ([0005]) for forming the dental restoration of the tooth based on the three dimensional scan data of the mouth of the patient.
Regarding claim 18 the custom tool further comprises a first interproximal portion including the mesial proximal surface, and a second interproximal portion including the distal proximal portion (fig. 6).
Regarding claim 19 the first interproximal portion and the second interproximal portion are configured to forcibly separate the first adjacent tooth and the second adjacent tooth from the tooth receiving the restoration upon insertion of mold body within the mouth of the patient (fig. 6).
Regarding claim 20 the process further comprising: transmitting at least a portion of the three-dimensional scan data to a remote manufacturing facility; and receiving, from the remote manufacturing facility, at least one of the custom tool and a design for the custom tool ([0022], [0090]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Patel Yogesh whose telephone number is (571) 270-3646. The examiner can normally be reached between 9 AM – 5:30 PM on Monday, Thursday and Friday.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, SPE Bosques Edelmira, at (571) 270-5614.
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/YOGESH P PATEL/Primary Examiner, Art Unit 3772
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