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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to a non-statuary subject matter. The claim does not fall within at least one of the four categories of patent eligible subject matter because the claim is directed to “a computer program product”, so the claim is drawn to a software per se and is not directed to any of the statutory categories (a process, machines, manufactures or composition of matter). It is suggested that the claim language be amended to cover only statutory embodiments by adding the limitation “non-transitory” to the claims.
Claim Objections
Claims 4, 7 and 8 are objected to because of the following informalities:
Claim 4, line 3, term “1,0Mpa” should be –1.0 Mpa--. Line 3, term “2,0Mpa” should be --2.0Mpa--.
Claim 7, line 3 term “£mm” should be “εmin”. Line 4, term “a minimal deformation εmin” should be --“the minimal deformation εmin”. Line 5, term “a maximal deformation εmax” should be “the maximal deformation εmax”.
Claim 8, Line 2, term “deformation E” is not clear. “E” should be defined. Is the term “deformation E” referring to “deformation” in claim 1?
Appropriate correction is required.
Allowable Subject Matter
Claims 1-19 are allowable over the prior art. Application will be in condition of allowance if claim 20 is properly amended to overcome the 35 USC 101 rejection and claims 4, 7 and 8 are amended to correct the objections raised above.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
None of the prior art on record discloses or suggest, a method for manufacturing a mouth piece comprising the steps of carrying out a simulation in which the input mouth piece model is positioned on at least one of the virtual upper jaw and virtual lower jaw and wherein a deformation of the input mouth piece model is determined in response to an exerted force; adapting the input mouth piece model to a work mouth piece model by substituting material of at least a portion of the input mouthpiece model by a replacement material; manufacturing, in particular by 3D printing, the mouth piece based on the work mouth piece model. The featured limitations discussed above in combination with the other limitations of the claim are not anticipated by the prior art of record, nor would it have been obvious to one having ordinary skill in the art to modify the prior art of record in order to make the aforementioned limitations unpatentable.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WIPO Publication (WO 2012140021) to Barthe discloses a method comprising obtaining virtual three-dimensional (3D) teeth model of upper jaw and lower jaw for resembling the upper jaw and lower jaw of the patient's mouth. The virtual upper jaw and lower jaw are arranged in a virtual articulator in an initial relative configuration. The articulation movement between the virtual upper jaw and lower jaw is simulated by virtual articulator based on motion relative to the terminal hinge axis of the patient. The virtual orthodontic element is designed based on the virtual 3D teeth model and arrangement of 3D teeth model in the virtual articulator.
US Pub (2022/0031427) to Hostettler et al. discloses a three-dimensional orthodontic retainer (2) and to a method for producing such a retainer (2) in which the three-dimensional orthodontic retainer (2) is matched to the exact shape of the adjacent teeth (3) and is produced from a blank (1) in such a manner that the physical properties of the material of the remaining part of the blank (1) are unchanged in the retainer (2). The method for producing the three-dimensional orthodontic retainer (2) comprises the following method steps: creating three-dimensional model of the structure of the patient's teeth (3); designing a customized, precisely fitting model of the retainer (2); producing the retainer (2) on the basis of the designed 3D model by computer-controlled deposition or application of material.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NABIL H SYED whose telephone number is (571)270-3028. The examiner can normally be reached 8:00-5:00 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta W Goins can be reached at (571) 272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NABIL H SYED/ Primary Examiner, Art Unit 2689
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