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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 12, 2024 that is 5 pages is considered The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
The information disclosure statement filed December 2, 2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein in the crossed-out references has not been considered. It is noted that copies of the crossed-out references could not be found in the parent applications.
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.
Claims 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract without significantly more. The claim(s) recite(s) a computer system and a method (which uses the computer system, i.e. is digital). This judicial exception is not integrated into a practical application for the following reasons outlined below:
According to section 2106 of the MPEP the claims are analyzed below for determining patent eligibility.
Step 1: In regards to claims 1-8, the claims are directed towards “A computer system” that claims a processor. The claimed computer system is withing the 35 U.S.C. 101 statutory category of a machine (MPEP 2106.03), but falls into the judicial exception (MPEP 2106.04). In regards to claims 9-15, the claims are directed towards “a method of correcting malocclusion of teeth” including the steps of acquiring data and processing it. The claimed “method” is within the 35 U.S.C. 101 statutory category of a process (MPEP 2106.03) but falls into the judicial exception (MPEP 2106.04).
Step 2A: In regards to claim 1-8, the claimed invention is directed to an abstract idea without reciting additional elements that amount to significantly more than the judicial exception (MPEP 2106.05). The claimed system is directed towards a general-purpose computer including a processor and memory that is programed to carryout a method. In regards to claims 9-15, the claimed invention is directed to an abstract idea without reciting additional elements that amount to significantly more than the judicial exception (MPEP 2106.05). The claimed method, including the method carried out by the computer system, is directed to a mental process, concepts that are capable of being performed in the human mind, including observations, evaluations, and judgements. More particularity, the functions of “converting capture images of a dental arch”, “presenting said virtual dental arch…on a display”, “segregating each of said plurality of teeth”, “independently moving each of said plurality of virtual teeth”, “generating a bracket prescription” and “selecting a bracket” are all capable of being performed mentally by the dental practitioner or simply with a piece of paper or pencil. Such that the dentist is capable of capturing an image (i.e. by looking at the teeth and remembering them or drawing them on paper), presenting them on a display (i.e. drawing them), independently moving each tooth (create a new drawing and move each tooth), generate a bracket prescription (based on their knowledge determine a prescription to move the teeth to the moved position) and selecting a bracket (based on their experience and the determined prescription, select a backet to move the teeth). It is further noted that dentists have long practiced their trade/art of determining mentally orthodontic treatments, such as where to bond the brackets and what brackets to sue, well before computer and are most certainly capable of envisioning and mentally determining the desired orthodontic treatment to accomplish the desired outcome of the orthodontic treatment.
Step 2B: In regards to the claims, the claimed steps are all algorithms capable of being performed mentally and represents nothing more than concepts related to performing mathematical calculations which falls within the judicial exception. Implied in the claims, is the use of a general-purpose computer or data processing device (such as the system of claim 1), however, there is no disclosure in the written description that the processing unit is anything more than a generic component, nor is there any disclosure that the method improves the manner in which the processing unit operates. The mere recitation in the claims of a generic data processing method and associated general purpose computer being used in a conventional manner to perform conventional computer functions that are well understood and routine does not amount to “significantly more” than the judicial exception. The claims do not go beyond “determining” and “calculating” numerical values based on mathematical algorithms with a general-purpose computer. The claims further do not require that the method transforms a particular article. The claimed system and method fall with the judicial exception to patent eligible subject matter of an abstract idea without significantly more (see MPEP 2106.05(f)).
It is noted that claim 16 is eligible as it claimed the method further comprising steps carried out on the teeth including bonding the bracket to the tooth.
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) 1-2, 4-7, 9-10, and 12-15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sachdeva et al. (2002/0156652).
With respect to claim 1, Sachdeva discloses a computer system (see fig. 1) comprising a processor communicatively coupled to a non-transitory memory containing a computer program executable to convert captured images of a dental arch including a plurality of teeth into a virtual dental arch including a plurality of virtual teeth (pars. 38-40, see figs. 2-3), present said virtual dental arch including said virtual plurality of teeth on a display surface of a display device (see figs. 2-3, par. 40); segregate each of said plurality of virtual teeth in said virtual dental arch to allow independent movement of each of said plurality of virtual teeth in said virtual dental arch (pars. 40, 53, and 58); independently move each of said plurality of virtual teeth within said virtual dental arch from an initial position in said virtual dental arch to a final position in said virtual dental arch (abstract, pars. 19, 40, 45); generate a bracket prescription associated with each of said plurality of teeth within said dental arch based on movement of each of said plurality of virtual teeth from said initial position in said virtual dental arch to said final position in said virtual dental arch (abstract, pars. 20-22, 48, 64); and select a bracket corresponding to said bracket prescription associated with each of said plurality of teeth from a plurality of brackets (pars. 20-22, 48, 66).
With respect to claim 2, Sachdeva further discloses wherein said computer program further executable to present said virtual dental arch including a plurality of virtual teeth as one or more views selected from the group consisting of: an occlusal maxillary view, a maxillary vertical facial view, a maxillary vertical lingual view, an occlusal mandibular view, a mandibular vertical facial view, and a mandibular vertical lingual view (see fig. 2, par. 32).
With respect to claim 4, Sachdeva further discloses wherein said computer program further executable to receive user interaction to operate one or more tooth positioning control elements to move each of said plurality of virtual teeth from said initial position in said virtual dental arch to said final position in said virtual dental arch (see abstract, pars. 19, 26, 48, and 53).
With respect to claim 5, Sachdeva further discloses wherein movement of each of said plurality of virtual teeth is selected from one or more of the group consisting of: lingual-buccal, mesial-distal, extrusion-intrusion, tipping, rotation, and torque (pars. 53, 59, such that the tooth is moved in all three dimensions including translation and rotation in the 3 dimensions, such that translation in the three dimensions anatomically in the mouth are the directions of lingual-buccal, mesial-distal, and extrusion-intrusion).
With respect to claim 6, Sachdeva further discloses wherein said computer program further executable to identify a bracket bonding location on each of said plurality of virtual teeth in said virtual dental arch based on said bracket selected and movement of each of said plurality of virtual teeth from said initial position to said final position in said virtual dental arch (pars. 55-56, 92, claim 9).
With respect to claim 7, Sachdeva further discloses wherein said computer program further executable to present said virtual dental arch based on said final position of said plurality of teeth in said virtual dental arch (see abstract, pars. 34, 40, 48, and 67, fig. 4).
With respect to claim 9, Sachdeva further discloses a method of correcting malocclusion of teeth comprising converting captured images of a dental arch including a plurality of teeth into a virtual dental arch including a plurality of virtual teeth (pars. 38-40, see figs. 2-3); presenting said virtual dental arch including said virtual plurality of teeth on a display surface of a display device (see figs. 2-3, par. 40); segregating each of said plurality of virtual teeth in said virtual dental arch to allow independent movement of each of said plurality of virtual teeth in said virtual dental arch (pars. 40, 53, and 58); independently moving each of said plurality of virtual teeth within said virtual dental arch from an initial position in said virtual dental arch to a final position in said virtual dental arch (abstract, pars. 19, 40, 45); generating a bracket prescription associated with each of said plurality of teeth within said dental arch based on movement of each of said plurality of virtual teeth from said initial position in said virtual dental arch to said final position in said virtual dental arch (abstract, pars. 20-22, 48, 64); and selecting a bracket corresponding to said bracket prescription associated with each of said plurality of teeth from a plurality of brackets (pars. 20-22, 48, 66).
With respect to claim 10, Sachdeva further discloses the method comprising presenting said virtual dental arch including a plurality of virtual teeth as one or more views selected from the group consisting of: an occlusal maxillary view, a maxillary vertical facial view, a maxillary vertical lingual view, an occlusal mandibular view, a mandibular vertical facial view, and a mandibular vertical lingual view (see fig. 2, par. 32).
With respect to claim 12, Sachdeva further discloses the method further comprising receiving user interaction to operate one or more tooth positioning control elements to move each of said plurality of virtual teeth from said initial position in said virtual dental arch to said final position in said virtual dental arch (see abstract, pars. 19, 26, 48, and 53).
With respect to claim 13, Sachdeva further discloses the method further comprising wherein movement of each of said plurality of virtual teeth is selected from one or more of the group consisting of: lingual-buccal, mesial-distal, extrusion-intrusion, tipping, rotation, and torque (pars. 53, 59, such that the tooth is moved in all three dimensions including translation and rotation in the 3 dimensions, such that translation in the three dimensions anatomically in the mouth are the directions of lingual-buccal, mesial-distal, and extrusion-intrusion).
With respect to claim 14, Sachdeva further discloses the method further comprising identifying a bracket bonding location on each of said plurality of virtual teeth in said virtual dental arch based on said bracket selected and movement of each of said plurality of virtual teeth from said initial position to said final position in said virtual dental arch (pars. 55-56, 92, claim 9).
With respect to claim 15, Sachdeva further discloses the method further comprising presenting said virtual dental arch based on said final position of said plurality of teeth in said virtual dental arch (see abstract, pars. 34, 40, 48, and 67, fig. 4).
Claim Rejections - 35 USC § 103
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) 3 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sachdeva et al. (2002/0156652) as applied to claims 1 and 9 above, and further in view of Matov et al. (2016/0242870)
Sachdeva teaches the invention as substantially claimed and discussed above, however, does not specifically teach the computer system wherein said computer program further executable to receive user interactions associated with each of said plurality of virtual teeth presented in said virtual dental arch to directly move each of said plurality of teeth from said initial position in said virtual dental arch to said final position in said virtual dental arch and the method further comprising receiving user interactions associated with each of said plurality of virtual teeth presented in said virtual dental arch to directly move each of said plurality of teeth from said initial position in said virtual dental arch to said final position in said virtual dental arch.
Matov teaches a computer system comprising: a processor communicatively coupled to a non-transitory memory containing a computer program executable to convert captured images of a dental arch including a plurality of teeth into a virtual dental arch including a plurality of virtual teeth (par. 97, 99); present said virtual dental arch including said virtual plurality of teeth on a display surface of a display device (par. 89); and independently move each of said plurality of virtual teeth within said virtual dental arch from an initial position in said virtual dental arch to a final position in said virtual dental arch (par. 97).
With respect to claim 3, Matov further teaches wherein said computer program further executable to receive user interactions associated with each of said plurality of virtual teeth presented in said virtual dental arch to directly move each of said plurality of teeth from said initial position in said virtual dental arch to said final position in said virtual dental arch (see par. 97, fig. 2, such that the tooth is moved from the initial position to the final/desired position). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify Sachdeva to having the computer system executable to receive a user interaction to move the tooth directly to the final position from the initial position as taught by Matov in order to expedite the treatment planning. Such that unnecessary movement are reduced when determining the final desired position which would save time and expedite the treatment planning process.
Matov teaches a method of correcting malocclusion of teeth comprising converting captured images of a dental arch including a plurality of teeth into a virtual dental arch including a plurality of virtual teeth (par. 97, 99); presenting said virtual dental arch including said virtual plurality of teeth on a display surface of a display device (par. 89); and independently move each of said plurality of virtual teeth within said virtual dental arch from an initial position in said virtual dental arch to a final position in said virtual dental arch (par. 97).
With respect to claim 11, Matov further teaches the method comprising receiving user interactions associated with each of said plurality of virtual teeth presented in said virtual dental arch to directly move each of said plurality of teeth from said initial position in said virtual dental arch to said final position in said virtual dental arch (see par. 97, fig. 2, such that the tooth is moved from the initial position to the final/desired position). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify Sachdeva to having the computer system executable to receive a user interaction to move the tooth directly to the final position from the initial position as taught by Matov in order to expedite the treatment planning. Such that unnecessary movement are reduced when determining the final desired position which would save time and expedite the treatment planning process.
Claim(s) 8 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sachdeva et al. (2002/0156652) as applied to claims 7 and 9 above, and further in view of Rubbert et al. (2005/0043837).
Sachdeva teaches the invention as substantially claimed and discussed above, however, does not specifically teach the computer system wherein said computer program further executable to generate a bonding jig specification to fabricate a bonding jig to hold said bracket selected for each of said plurality of teeth in said dental arch, wherein said bonding jig holding said bracket selected for each of said plurality of teeth in said dental arch when engaged with said dental arch disposes said bracket selected for each of said plurality of teeth at said a bracket bonding location on each of said plurality of teeth in said dental arch and the method further comprising generating a bonding jig specification to fabricate a bonding jig to hold said bracket selected for each of said plurality of teeth in said dental arch; holding said bracket selected for each of said plurality of teeth in said dental arch in said bonding jig; and engaging said bonding jig holding said bracket selected for each of said plurality of teeth with said dental arch; and disposing said bracket selected for each of said plurality of teeth at said a bracket bonding location on each of said plurality of teeth in said dental arch.
Rubbert teaches a computer system comprising a processor communicatively coupled to a non-transitory memory containing a computer program executable to convert captured images of a dental arch including a plurality of teeth into a virtual dental arch including a plurality of virtual teeth (see abstract, fig. 57), present said virtual dental arch including said virtual plurality of teeth on a display surface of a display device (see fig. 57, pars. 50, 53), segregate each of the plurality of virtual teeth in said virtual dental arch to allow independent movement of each of the plurality of virtual teeth in said virtual dental arch (par. 55), independently move each of the plurality of virtual teeth within said virtual dental arch from an initial position in said virtual dental arch to a final position in said virtual dental arch (pars. 50, 52, 56), generate a bracket prescription associated with each of the plurality of teeth within the dental arch based on movement of each of the plurality of virtual teeth from said initial position in said virtual dental arch to said final position in said virtual dental arch (par. 475) and select a bracket corresponding to the bracket prescription associated with each of said plurality of teeth from a plurality of brackets.
With respect to claim 8, Rubbert further teaches wherein said computer program further executable to generate a bonding jig specification to fabricate a bonding jig to hold said bracket selected for each of said plurality of teeth in said dental arch, wherein said bonding jig holding said bracket selected for each of said plurality of teeth in said dental arch when engaged with said dental arch disposes said bracket selected for each of said plurality of teeth at said a bracket bonding location on each of said plurality of teeth in said dental arch (pars. 72, 535). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the computer system of Sachdeva to including the system to generate a bonding jig as taught by Rubbert in order to ensure the brackets will be placed in the proper position on the teeth as designed in order to ensure the desired orthodontic treatment outcome.
Rubbert teaches a method for correcting malocclusion of teeth comprising converting captured images of a dental arch including a plurality of teeth into a virtual dental arch including a plurality of virtual teeth (see abstract, fig. 57), presenting said virtual dental arch including said virtual plurality of teeth on a display surface of a display device (see fig. 57, pars. 50, 53), segregating each of the plurality of virtual teeth in said virtual dental arch to allow independent movement of each of the plurality of virtual teeth in said virtual dental arch (par. 55), independently move each of the plurality of virtual teeth within said virtual dental arch from an initial position in said virtual dental arch to a final position in said virtual dental arch (pars. 50, 52, 56), generating a bracket prescription associated with each of the plurality of teeth within the dental arch based on movement of each of the plurality of virtual teeth from said initial position in said virtual dental arch to said final position in said virtual dental arch (par. 475) and selecting a bracket corresponding to the bracket prescription associated with each of said plurality of teeth from a plurality of brackets.
With respect to claim 16, Rubbert further teaches generating a bonding jig specification to fabricate a bonding jig to hold said bracket selected for each of said plurality of teeth in said dental arch; holding said bracket selected for each of said plurality of teeth in said dental arch in said bonding jig; and engaging said bonding jig holding said bracket selected for each of said plurality of teeth with said dental arch; and disposing said bracket selected for each of said plurality of teeth at said a bracket bonding location on each of said plurality of teeth in said dental arch (see par. 535). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the method of Sachdeva to the steps of generating and using a bonding jig as taught by Rubbert in order to ensure the brackets will be placed in the proper position on the teeth as designed in order to ensure the desired orthodontic treatment outcome.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/HEIDI M EIDE/Primary Examiner, Art Unit 3772 3/24/2026
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