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 .
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).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,127,898. Although the claims at issue are not identical, they are not patentably distinct from each other because all the instant claim limitations are essentially covered by the U.S. Patent.
Instant application 18/896,450
1-20
U.S. Patent No. 12,127,898
1-20
Instant application 18/896,450
U.S. Patent No. 12,127,898
1. A system for preparing a tooth crown, the system comprising: non-transitory computer readable medium with instruction that, when executed by a processor, cause the system to carry out a method, the method including:
generating a 3D model of an external surface of a first crown based on 3D data of the external surface of a patient’s tooth;
generating a 3D model of an internal surface of the first crown;
outputting instructions to fabricate a physical first crown based on the 3D model of the external surface of the first crown and the 3D model of the internal surface of the first crown while the patient’s tooth is being prepared to receive the first crown;
generating a 3D model of a second crown based on a 3D model of the internal surface of the physical first crown and the 3D model of the external surface of the first crown, wherein the 3D model of the internal surface of the physical first crown is generated after fitting the physical first crown to the patient’s tooth;
generating instructions for fabricating a physical second crown based on the 3D model of a second crown.
1. A system for preparing a tooth crown, the system comprising: an intraoral scanner; non-transitory computer readable medium with instruction that, when executed by a processor, cause the system to carry out a method, the method including: receiving scan data of a three-dimensional (3D) model of an external surface of a patient's tooth using the intraoral scanner; generating a 3D model of an external surface of a first crown based on the scan data of the external surface of the patient's tooth; generating a 3D model of an internal surface of the first crown; outputting instructions to fabricate a physical first crown based on the 3D model of the external surface of the first crown and the 3D model of the internal surface of the first crown while the patient's tooth is being prepared to receive the first crown; generating a 3D model of the internal surface of the physical first crown after fitting the physical first crown to the patient's tooth, wherein a 3D model of a second crown is based on the 3D model of the internal surface of the physical first crown and the 3D model of the external surface of the first crown; generating instructions for fabricating a physical second crown based on the 3D model of a second crown.
2. The system of claim 1, further comprising: combining the 3D model of the external surface of the first crown and the 3D model of the internal surface of the first physical crown to generate the 3D model of the second crown.
2. The system of claim 1, further comprising: combining the 3D model of the external surface of the first crown and the 3D model of the internal surface of the first physical crown to generate the 3D model of the first second crown.
3. The system of claim 1, wherein generating the 3D model of the internal surface of the physical first crown uses scan data of the internal surface of the physical first crown generated using an intraoral scanner.
3. The system of claim 1, wherein generating the 3D model of the internal surface of the physical first crown uses scan data of the internal surface of the physical first crown generated using the intraoral scanner.
4. The system of claim 1, wherein generating the 3D model of the external surface includes receiving scan data of an external surface of a corresponding tooth of the patient on an opposite side of an arch of the patient relative to the patient’s tooth.
4. The system of claim 1, wherein generating the 3D model of the external surface includes receiving scan data of an external surface of a corresponding tooth of the patient on an opposite side of the patient's arch relative to the patient's tooth.
5. The system of claim 1, further comprising: generating the instructions for fabricating the first physical crown.
5. The system of claim 1, further comprising: generating the instructions for fabricating the first physical crown.
6. The system of claim 5, further comprising: a fabrication machine, and wherein fabricating includes: fabricating an external surface of the physical first crown while the patient’s tooth is prepared.
6. The system of claim 5, further comprising: a fabrication machine, and wherein fabricating includes: fabricating an external surface of the physical first crown while the patient's tooth is prepared.
7. The system of claim 5, wherein fabricating includes: fabricating an internal surface of the physical first crown.
7. The system of claim 5, wherein fabricating includes: fabricating an internal surface of the physical first crown.
8. The system of claim 1, further comprising: updating the 3D model of the first crown based on the 3D model of the internal surface of the first crown.
8. The system of claim 1, further comprising: updating the 3D model of the first crown based on the 3D model of the inner surface of the first crown.
9. The system of claim 1, further comprising: fabricating the physical second crown based on the 3D model of the second crown.
9. The system of claim 1, further comprising: fabricating the physical second crown based on the 3D model of the second crown.
10. The system of claim 9, wherein the first crown is an eggshell crown and the second crown is a permanent crown.
10. The system of claim 9, wherein the first crown is an eggshell crown and the second crown is a permanent crown.
11. The system of claim 1, wherein the 3D model of the internal surface of the first crown is based on the 3D model of the external surface of the first crown.
11. The system of claim 1, wherein the 3D model of the internal surface of the first crown is based on the 3D model of the external surface of the first crown.
12. The system of claim 1, wherein the first physical crown is an eggshell crown.
12. The system of claim 1, wherein the first physical crown is an eggshell crown.
13. The system of claim 12, wherein generating the 3D model of the internal surface of the physical first crown uses scan data of the internal surface of the physical first crown generated using an intraoral scanner.
13. The system of claim 12, wherein generating the 3D model of the internal surface of the physical first crown uses scan data of the internal surface of the physical first crown generated using the intraoral scanner.
14. The system of claim 13, wherein the scan data of the internal surface of the physical first crown includes scan data of a polymer within the first physical crown.
14. The system of claim 13, wherein the scan data of the internal surface of the physical first crown includes scan data of a polymer within the first physical crown.
15. The system of claim 14, wherein the polymer is a cured polymer.
15. The system of claim 14, wherein the polymer is a cured polymer.
16. The system of claim 15, wherein the second crown is a permanent crown.
16. The system of claim 15, wherein the second crown is a permanent crown.
17. A system for preparing a tooth crown, the system comprising: a non-transitory computing device readable medium storing instructions executable by a processor to cause a computing device to perform a method, the method including: generating a 3D model of an external surface of a first crown based on 3D scan data of the external surface of a patient’s tooth;
outputting instructions to fabricate a physical first crown based on the 3D model of the external surface of the first crown while the patient’s tooth is being prepared to receive the first crown;
generating a 3D model of a second crown based on a 3D model of an internal surface of the physical first crown and the 3D model of the external surface of the first crown, wherein the 3D model of the internal surface of the physical first crown is generated after fitting the physical first crown to the patient’s tooth;
generating instructions for fabricating a physical second crown based on the 3D model of a second crown.
17. A system for preparing a tooth crown, the system comprising: a non-transitory computing device readable medium storing instructions executable by a processor to cause a computing device to perform a method, the method including: receiving scan data of a three-dimensional (3D) model of an external surface of a patient's tooth using an intraoral scanner; generating a 3D model of an external surface of a first crown based on the scan data of the external surface of the patient's tooth; generating a 3D model of an internal surface of the first crown; outputting instructions to fabricate a physical first crown based on the 3D model of the external surface of the first crown and the 3D model of the internal surface of the first crown while the patient's tooth is being prepared to receive the first crown; generating a 3D model of the internal surface of the physical first crown after fitting the physical first crown to the patient's tooth, wherein a 3D model of a second crown is based on the 3D model of the internal surface of the physical first crown and the 3D model of the external surface of the first crown; generating instructions for fabricating a physical second crown based on the 3D model of a second crown.
18. The system of claim 17, further comprising: combining the 3D model of the external surface of the first crown and the 3D model of the internal surface of the first crown to generate a 3D model of the first crown.
18. The system of claim 17, further comprising: combining the 3D model of the external surface of the first crown and the 3D model of the internal surface of the first crown an external surface of a patient's tooth to generate a 3D model of the first crown.
19. The system of claim 17, wherein generating the 3D model of the internal surface of the physical first crown uses scan data of the internal surface of the physical first crown generated using an intraoral scanner.
19. The system of claim 17, wherein generating the 3D model of the internal surface of the physical first crown uses scan data of the internal surface of the physical first crown generated using the intraoral scanner.
20. The system of claim 17, wherein generating the 3D model of the external surface includes receiving scan data of an external surface of a corresponding tooth of the patient on an opposite side of an arch of the patient relative to the patient’s tooth.
20. The system of claim 17, wherein generating the 3D model of the external surface includes receiving scan data of an external surface of a corresponding tooth of the patient on an opposite side of the patient's arch relative to the patient's tooth.
Claim Objections
Claims 1 and 17 are objected to because of the following informalities:
Claims 1 and 17 recite a 3D model; the examiner suggests three-dimensional (3D).
Claim 1 recites non-transitory computer readable medium; the examiner suggests a non-transitory computer readable medium.
Appropriate correction is required.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE ZHAI whose telephone number is (571)270-3740. The examiner can normally be reached 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ke Xiao can be reached at (571) 272 - 7776. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KYLE ZHAI/Primary Examiner, Art Unit 2611
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