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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 2-21 of the present application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 15-16, and 18-20 of the US Patent 12,220,288 (“the ‘288 patent” hereinafter).
The following table shows in detail the correspondence between claim 2 of the present application and claim 1 of the ‘288 patent. The mappings for other claims are also shown, but in corresponding claim numbers only, for brevity purposes.
Present Application
Patent 12,220,288
2. A method comprising:
receiving a plurality of digital representations of a plurality of intermediate tooth arrangements configured to adjust a patient's teeth from an initial tooth arrangement toward a target tooth arrangement, wherein the target tooth arrangement comprises a change in mass of at least one tooth relative to the initial tooth arrangement; outputting a first heatmap showing a difference in tooth mass between a first intermediate tooth arrangement of the plurality of intermediate tooth arrangements and the target tooth arrangement; outputting a second heatmap showing a difference in tooth mass between a second intermediate tooth arrangement of the plurality of intermediate tooth arrangements and the target tooth arrangement; and receiving a user input selecting the first intermediate tooth arrangement or the second intermediate tooth arrangement for use in a treatment plan based on a comparison between the first heatmap and the second heatmap.
1. A method comprising:
receiving input data representing an initial tooth arrangement of a patient's teeth; determining a target tooth arrangement for the patient's teeth, wherein the target tooth arrangement comprises a change in mass of at least one tooth; generating a plurality of intermediate tooth arrangements configured to adjust the patient's teeth from the initial tooth arrangement toward the target tooth arrangement; generating instructions to output a first heatmap showing a difference in tooth mass between a first intermediate tooth arrangement of the plurality of intermediate tooth arrangements and the target tooth arrangement; generating instructions to output a second heatmap showing a difference in tooth mass between a second intermediate tooth arrangement of the plurality of intermediate tooth arrangements and the target tooth arrangement; and receiving a user input selecting the first intermediate tooth arrangement or the second intermediate tooth arrangement for use in a treatment plan based on a comparison between the first heatmap and the second heatmap.
3
2
4
3
5
4
6
5
7
15
8
16
9
18
10
19
11
20
12-21
1-5, 15-16, and 18-20 respectively. Although these claims are directed to a method, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention that the steps recited in these claims could be encoded as instructions that would be executed on a computer system comprising one or more processors and a memory so that the claimed method could be ported to a plurality of computer systems.
Allowable Subject Matter
Claims 2-21 are allowable if the above double patenting rejection is overcome. The following is a statement of reasons for the indication of allowable subject matter:
The prior art fails to teach or suggest a method for treatment planning with tooth mass analysis, the method comprising: (1) receiving a plurality of digital representations of a plurality of intermediate tooth arrangements configured to adjust a patient's teeth from an initial tooth arrangement toward a target tooth arrangement, wherein the target tooth arrangement comprises a change in mass of at least one tooth relative to the initial tooth arrangement; (2) outputting a first heatmap showing a difference in tooth mass between a first intermediate tooth arrangement of the plurality of intermediate tooth arrangements and the target tooth arrangement; (3) outputting a second heatmap showing a difference in tooth mass between a second intermediate tooth arrangement of the plurality of intermediate tooth arrangements and the target tooth arrangement; and (4) receiving a user input selecting the first intermediate tooth arrangement or the second intermediate tooth arrangement for use in a treatment plan based on a comparison between the first heatmap and the second heatmap.
The prior art also fails to teach or suggest a system configured to implement the above steps.
The followings are the closest prior art references found by the examiner:
1. Derakhshan et al., U.S. Patent Application Publication No. 2016/0310235 A1 ("Derakhshan" hereinafter). Derakhshan discloses a method of orthodontic treatment planning comprising receiving, at a treatment planning tool, an initial tooth data set comprising an initial tooth arrangement, and generating a plurality of treatment plans to move teeth from the initial tooth arrangement, wherein each treatment plan comprises a plurality of orthodontic appliance treatment stages including a plurality of intermediate orthodontic appliance treatment stages (see Summary of the Invention; FIGS. 7-8, steps 710-720 and 810-820). Derakhshan further discloses simultaneously displaying, on a screen, at least two different intermediate treatment stages from at least two different treatment plans (or the same treatment plan) for comparison by the practitioner, including a first intermediate stage from a first treatment plan and a second intermediate stage from a second treatment plan, and discloses that the simultaneous display can superimpose a three-dimensional model of one stage over a three-dimensional model of the other stage, with the teeth shaded or colored differently for each stage so that the practitioner can see the difference between the stages (see FIG. 3C and accompanying description; FIG. 3B). Derakhshan further discloses receiving a selection of a final orthodontic appliance treatment stage based on the comparison of tooth positioning of the at least two different intermediate stages, made after displaying the stages to the practitioner (see Summary of the Invention; FIG. 7, step 740; FIG. 8, step 830).
However, Derakhshan does not disclose that the target tooth arrangement comprises a change in mass of at least one tooth relative to the initial tooth arrangement, or that the comparative visualization of each candidate arrangement against the target is a heatmap of tooth mass.
2. Mundluru et al., The accuracy of three-dimensional prediction of soft tissue changes following the surgical correction of facial asymmetry: An innovative concept, 2017 (“Mundluru” hereinafter). Mundluru discloses using color-coded maps (Figs. 3–6) that compare a single predicted postoperative soft-tissue outcome against the single actual postoperative outcome. However, this is a validation study measuring how accurate the prediction software was, not a tool that generates multiple candidate treatment options and lets a user pick between them. There's no second candidate, and no user-selection step at all. Therefore, Mundluru cannot be combined with Derakhshan to cure the deficiency of "first heatmap vs. second heatmap → select first or second intermediate tooth arrangement" in Derakhshan.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHONG X NGUYEN whose telephone number is (571)270-1591. The examiner can normally be reached Mon-Fri 8am - 5pm EST.
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/PHONG X NGUYEN/ Primary Patent Examiner, Art Unit 2617
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