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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 30, 48 and their dependents are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 30 recites “releasably securing protrusions of the orthodontic appliance within corresponding vertical channels in the securing portions”. There has been no physical orthodontic appliance recited in the claims, only a model, so it is unclear how to perform this step. The same reasoning applies to Claims 36-37. If a step of manufacturing or providing the physical orthodontic appliance is added to Claim 30, then the dependent claim’s issues will be resolved as well.
Claim 48 recites “a lingual surface of the gingiva portion”, which is a portion on the shaping fixture, then later recites “the lingual surface” of the patient’s anatomical gingiva. It is unclear which lingual surface the second recitation is referring to, is it a surface in the patient’s mouth or a surface on the shaping fixture?
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claims 39 and 46 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hilliard (US20080254403A1).
Claim 39
Hilliard teaches a method comprising: creating a first digital model representing a patient's anatomical gingiva and teeth in a first tooth arrangement (¶0059 “virtual CAD model of the patient’s pretreatment malocclusion”….”the patient's dental anatomy can be directly scanned”) creating a second digital model representing the patient's anatomical gingiva and teeth in a second tooth arrangement different than the first tooth arrangement (¶0060 “virtually treating the dentition to an ideal or finished occlusion representative of the orthodontic result at the end of conventional, successful treatment using known orthodontic techniques”) creating a third digital model of a shaping fixture (¶0081 “The mandrel 30 is initially designed in the virtual CAD space”) configured to retain an orthodontic appliance (archwire, 50) in a configuration based on the first and second digital models during a shape setting process such that the shape-set orthodontic appliance moves a patient's teeth from the first tooth arrangement to the second tooth arrangement (¶0067 teaches a virtual archwire is created in order to transfer corrective energy to the teeth. The virtual archwire is based on the first and second models.), wherein the third digital model comprises securing portions (webs, 45) characterizing positions of the patient's teeth in the second tooth arrangement (Figure 13 shows the webs (45) correspond to the location of the arch wire (50) and brackets (40), which in turn corresponds to positions of the patients teeth during treatment.),, each of the securing portions defining a through-channel (Figure 13); and fabricating a physical shaping fixture based on the third digital model of the shaping fixture. (¶0086)
Claim 46
Hilliard teaches the method of claim 39, wherein each securing portion comprises a plurality of protrusions including a first protrusion (Figure 16, upper protrusion where the top screw hole is), a second protrusion (Figure 16, lower protrusion where the lower screw hole is), and a third protrusion (36), the plurality of protrusions defining a channel (Figure 16) for receiving one or more protrusions of the orthodontic appliance therein (The physical orthodontic appliance is not positively recited in Claim 39. The securing portions of Hilliard and therefore interpreted based on their capability of performing the claimed function. The securing portions of Hilliard (45) can support protrusions of an orthodontic appliance. Alternatively, Figures 11-13 and 16 show bent (protruding) portions of the archwire fit into the slots of the webs (45).), and wherein the first protrusion is substantially mesiodistally (horizontally) aligned with and occlusogingivally (vertically) offset from the second protrusion (Figure 13) and the second protrusion is occlusogingivally (vertically) aligned with and mesiodistally (horizontally) offset from the third protrusion. (Figure 13)
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 29-45 and 47-48 are rejected under 35 U.S.C. 103 as being unpatentable over Roein Peikar (US20170156823A1) in view of Hilliard (US20080254403A1).
Claim 29
Roein Peikar teaches a method comprising: creating a first digital model representing a patient's anatomical gingiva and teeth in a first tooth arrangement (¶0225 “3D OTA data”); creating a second digital model representing the patient's anatomical gingiva and teeth in a second tooth arrangement different than the first tooth arrangement (¶0227 “3D digital FTA”).
Roein Peikar does not explicitly disclose creating a third digital model of a shaping fixture for forming a shape of an orthodontic appliance for moving a patient's teeth from the first tooth arrangement to the second tooth arrangement based on the first and second digital models, wherein the third digital model comprises securing portions characterizing positions of the patient's teeth in the second tooth arrangement, each of the securing portions defining a vertical channel; and fabricating a physical shaping fixture based on the third digital model of the shaping fixture. Roein Peikar does disclose that a mandrel is created for shape setting the orthodontic appliance and is custom made. (¶0254)
However Hilliard teaches creating a third digital model (¶0081 “The mandrel 30 is initially designed in the virtual CAD space”) of a shaping fixture (mandrel, 30) for forming a shape of an orthodontic appliance (archwire, 50) for moving a patient's teeth from the first tooth arrangement to the second tooth arrangement based on the first and second digital models (¶0067 teaches a virtual archwire is created in order to transfer corrective energy to the teeth. The virtual archwire is based on the first and second models.), wherein the third digital model comprises securing portions (webs, 45) characterizing positions of the patient's teeth in the second tooth arrangement (Figure 13 shows the webs (45) correspond to the location of the arch wire (50) and brackets (40), which in turn corresponds to positions of the patients teeth during treatment.), each of the securing portions defining a vertical channel (Figure 13 shows the webs (45) have a channel including a vertical height.); and fabricating a physical shaping fixture based on the third digital model of the shaping fixture. (¶0086)
One of ordinary skill would have been motivated to apply the known mandrel design and manufacturing technique of Hilliard to the mandrel formation method of Roein Peikar in order to create a custom fixture capable of holding the archwire during heat treating. (See Hilliard ¶0083)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, to apply the known mandrel design and manufacturing technique of Hilliard to the mandrel formation method of Roein Peikar because it has been held to be prima facie obvious to apply a known technique to a known method/apparatus to yield predictable results. See MPEP 2143(I)(D).
The predictable result is that the method of Roein Peikar will incorporate digital design and custom manufacture into the mandrel preparation step.
Claim 30
Roein Peikar in view of Hilliard teaches the method of claim 29, further comprising releasably securing protrusions of the orthodontic appliance within corresponding vertical channels in the securing portions of the physical shaping fixture (This limitation is taught by a combination of teachings in the two references. Roein Peikar teaches the orthodontic appliance has protrusions (male connector elements, 1802) designed to interact with female connector elements that correspond to brackets on the patients teeth. Hilliard, Figures 3 and 10 show that the slots (40), which correspond to bracket locations on the patients teeth, are used as the guide to locate the mandrel channel portions on the webs (45). Therefore, when using the combined technique, the protrusions in the appliance of Roein Peikar are placed within the slots in the webs of Hilliard during shape setting/heat treatment.), wherein the orthodontic appliance is secured such that the orthodontic appliance has a shape based at least in part on a shape of the physical shaping fixture. (Hilliard, Figure 3 shows the appliance (50) matches the shape of the mandrel (30).)
Claim 31
Roein Peikar in view of Hilliard teaches the method of claim 29, wherein the third digital model further comprises a base portion based on the patient's anatomical gingiva from the first and second digital models. (Hilliard Figure 3 shows the mandrel has a shape corresponding to the shape of the patients mouth/gums.)
Claim 32
Roein Peikar in view of Hilliard teaches the method of claim 31, wherein the securing portions extend from the base portion. (Hilliard, Figure 3 shows the base (middle) portion of the mandrel has the webs (45) extending from it.)
Claim 33
Roein Peikar in view of Hilliard teaches the method of claim 29, further comprising generating a fourth digital model of the orthodontic appliance (Hilliard Figures 11-12 teach a virtual archwire.), wherein the fourth digital model has a shape based at least in part on the third digital model of the shaping fixture. (In Hilliard, the virtual archwire is based on the location/orientation of the arch slots (40), which is part of the third digital model used to form the mandrel.)
Claim 33 (alternative rejection)
Roein Peikar in view of Hilliard teaches the method of claim 29, further comprising generating a fourth digital model of the orthodontic appliance, wherein the fourth digital model has a shape based at least in part on the third digital model of the shaping fixture. (Hilliard ¶0100 teaches a scanning of the heat set wire (creating a fourth digital model) after it emerges from the heat treating process (which is within the mandrel, which is based on the third digital model).
Claim 34
Roein Peikar in view of Hilliard teaches the method of claim 33, wherein generating the fourth digital model of the orthodontic appliance comprises positioning a portion of the fourth digital model at or adjacent to a base portion of the third digital model of the shaping fixture. (Hilliard, Figures 10-11 show a portion of the third digital model and then the fourth digital model positioned on the portion of the third digital model respectively. The archwire is positioned “adjacent” a central or base portion of the model in Figure 11.)
Claim 35
Roein Peikar in view of Hilliard teaches the method of claim 29, wherein fabricating the physical shaping fixture comprises one or more of molding, 3D-printing, or casting. (Roein Peikar ¶0254 teaches the formation of the mandrel by molding, 3D printing, or casting. Hilliard ¶0088 teaches casting is part of the manufacturing process.)
Claim 36
Roein Peikar in view of Hilliard teaches the method of claim 30, wherein the orthodontic appliance is in an intermediate form prior to being secured to the physical shaping fixture, and wherein securing the intermediate form to the physical shaping fixture changes a shape of the intermediate form to reflect a treatment form of the orthodontic appliance. (Roein Peikar, ¶0254 teaches the mandrel is used to bend the 2D member into a desired 3D shape, then a shape setting/heat treatment (¶0250). Hilliard ¶0080 teaches the mandrel is used for heat treating and shape setting.)
Claim 37
Roein Peikar in view of Hilliard teaches the method of claim 36, further comprising shape setting the intermediate form of the orthodontic appliance in the shape of the treatment form by applying a heat treatment to the intermediate form while the intermediate form is secured to the physical shaping fixture. (Roein Peikar, ¶0254 teaches the mandrel is used to bend the 2D member into a desired 3D shape, then a shape setting/heat treatment (¶0250). Hilliard ¶0080 teaches the mandrel is used for heat treating and shape setting.)
Claim 38
Roein Peikar in view of Hilliard teaches the method of claim 29, wherein creating the first digital model includes obtaining digital image data of the patients upper and/or lower jaw. (Roein Peikar ¶0117)
Claim 38
Roein Peikar teaches a method comprising: creating a first digital model representing a patient's anatomical gingiva and teeth in a first tooth arrangement (¶0225 “3D OTA data”); creating a second digital model representing the patient's anatomical gingiva and teeth in a second tooth arrangement different than the first tooth arrangement (¶0227 “3D digital FTA”), creating a shaping fixture configured retain an orthodontic appliance in a configuration based on the first and second digital models during a shape setting process such that the shape-set orthodontic appliance moves a patient's teeth from the first tooth arrangement to the second tooth arrangement (¶0249 teaches the use of a mandrel to hold the 2D member during shaping into a desired shape.)
Roein Peikar does not explicitly disclose creating a third digital model of a shaping fixture configured to retain an orthodontic appliance in a configuration based on the first and second digital models during a shape setting process such that the shape-set orthodontic appliance moves a patient's teeth from the first tooth arrangement to the second tooth arrangement, wherein the third digital model comprises securing portions characterizing positions of the patient's teeth in the second tooth arrangement, each of the securing portions defining a through-channel; and fabricating a physical shaping fixture based on the third digital model of the shaping fixture. Roein Peikar does disclose that a mandrel is created for shape setting the orthodontic appliance and is custom made. (¶0254)
However Hilliard teaches creating a third digital model (¶0081 “The mandrel 30 is initially designed in the virtual CAD space”) of a shaping fixture (mandrel, 30) configured to retain an orthodontic appliance (archwire, 50) in a configuration based on the first and second digital models during a shape setting process (¶0080) such that the shape-set orthodontic appliance moves a patient's teeth from the first tooth arrangement to the second tooth arrangement (¶0067 teaches a virtual archwire is created in order to transfer corrective energy to the teeth. The virtual archwire is based on the first and second models.), wherein the third digital model comprises securing portions (webs, 45) characterizing positions of the patient's teeth in the second tooth arrangement (Figure 13 shows the webs (45) correspond to the location of the arch wire (50) and brackets (40), which in turn corresponds to positions of the patients teeth during treatment.), each of the securing portions defining a through channel (Figure 13 shows the webs (45) have a channel.); and fabricating a physical shaping fixture based on the third digital model of the shaping fixture. (¶0086)
One of ordinary skill would have been motivated to apply the known mandrel design and manufacturing technique of Hilliard to the mandrel formation method of Roein Peikar in order to create a custom fixture capable of holding the archwire during heat treating. (See Hilliard ¶0083)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed, to apply the known mandrel design and manufacturing technique of Hilliard to the mandrel formation method of Roein Peikar because it has been held to be prima facie obvious to apply a known technique to a known method/apparatus to yield predictable results. See MPEP 2143(I)(D).
The predictable result is that the method of Roein Peikar will incorporate digital design and custom manufacture into the mandrel preparation step.
Claim 40
Roein Peikar in view of Hilliard teaches the method of claim 39, further comprising: obtaining a planar form of the orthodontic appliance (Roein Peikar, ¶0249 “2D member”), the planar form comprising an anchor configured to be disposed adjacent the patient's teeth and a plurality of arms extending from first ends at the anchor to second ends away from the anchor (Roein Peikar, Figure 18d shows an anchor (thicker, U shaped portion) and arms (thinner portions with a plurality of bends).); and securing the second ends of the arms to the securing portions of the shaping fixture such that the orthodontic appliance is in a treatment form and substantially conforms to the shaping fixture. (This limitation is taught by a combination of teachings in the two references. Roein Peikar teaches the orthodontic appliance has second ends (male connector elements, 1802) designed to interact with female connector elements that correspond to brackets on the patients teeth. Hilliard, Figures 3 and 10 show that the slots (40), which correspond to bracket locations on the patients teeth, are used as the guide to locate the mandrel channel portions on the webs (45). Therefore, when using the combined technique, the ends in the appliance of Roein Peikar are placed within the slots in the webs of Hilliard during shape setting/heat treatment.)
Claim 41
Roein Peikar in view of Hilliard teaches the method of claim 40, further comprising setting a shape of the orthodontic appliance in the treatment form, while the second ends of the arms of the orthodontic appliance are secured to the securing portions of the shaping fixture. (Roein Peikar, ¶0249-0250 teach the appliance is bent and shape set while connected to the mandrel.)
Claim 42
Roein Peikar in view of Hilliard teaches the method of claim 40, wherein, when the second ends of the arms are engaged with the securing portions, the anchor substantially conforms to a gingiva portion of the shaping fixture. (Roein Peikar teaches the anchor is U shaped portion in Figure 18d. The gingiva portion of the mandrel of Hilliard is the central base portion in Figure 3, which has an overall U shape. When the appliance is bent to connect to the mandrel for shape setting, the claimed orientation is met.)
Claim 43
Roein Peikar in view of Hilliard teaches the method of claim 41, wherein, after setting the shape of the orthodontic appliance with the second ends of the arms secured to the securing portions, the second ends of the arms are configured to be secured to the patient's teeth such that the anchor is spaced apart from the patient's gingiva. (Roein Peikar Figure 23b shows the appliance installed within a patient’s mouth, with the anchor (2300 in this figure) is spaced from the surface of the gingiva in between the teeth.)
Claim 44
Roein Peikar in view of Hilliard teaches the method of claim 43, wherein the second ends of the arms are configured to be secured to the patient's teeth such that the anchor is spaced apart from the patient's gingiva (Roein Peikar, Figure 23b shows that the anchor (shown as 2300 in this figure) is spaced from the gingiva in between the teeth by a distance.)
Roein Peikar in view of Hilliard does not explicitly disclose this spacing is less than 1.5 mm.
However, Applicant only discusses the anchor in relation to this spacing distance in Claim 44 of the application. No rationale or motivation for this dimension was found in the specification as originally filed. Therefore, it would have been an obvious matter of design choice for one of ordinary skill in the art, with knowledge of Roein Peikar and Hilliard, to space the analogous anchor with the claimed distance. See also MPEP 2144.04, subsection IV. A. – change in size or proportion.
Claim 45
Roein Peikar in view of Hilliard teaches the method of claim 39, wherein, when the securing portions engage one or more portions of the orthodontic appliance, the securing portions prevent mesiodistal movement of the one or more portions of the orthodontic appliance. (When using the method of Roein Peikar and Hilliard, the appliance is secured to the mandrel (See ¶0254 of Roein Peikar and Figures 3 and 13 of Hilliard) such that no movement occurs during heat treating and shape setting.)
Claim 47
Roein Peikar in view of Hilliard teaches the method of claim 39, wherein a gingiva portion of the shaping fixture has a contour substantially corresponding to a contour of a thickened version of the patient's gingiva. (Hilliard teaches a gingiva portion of the mandrel as a central portion of the mandrel as shown in Figure 14 that corresponds to the tongue/inner mouth portion of the gums of a patient. This is shown by the archwire (50) extending around the outer perimeter in Figure 3 and the archwire extending around the teeth of the patient in Figure 4. This central portion is thicker than an actual gingiva portion.)
Claim 48
Roein Peikar in view of Hilliard teaches the method of claim 47, wherein a lingual surface of the gingiva portion is moved lingually relative to the lingual surface of the patient's anatomical gingiva in the second digital model. (Hilliard teaches a gingiva portion of the mandrel as a central portion of the mandrel as shown in Figure 14 that corresponds to the tongue/inner mouth portion of the gums of a patient. This is shown by the archwire (50) extending around the outer perimeter in Figure 3 and the archwire extending around the teeth of the patient in Figure 4. This central portion has a surface (lingual, or near the tongue, surface) that is located more centrally (towards the tongue) than a surface of the patient’s anatomical gingiva.)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found on the PTO-892 form.
Document
Date
Description of Relevant Subject Matter
US20170156823A1
2017-06-08
Claim 29
A method comprising: creating a first digital model representing a patient's anatomical gingiva and teeth in a first tooth arrangement (¶0225 “3D OTA data”); creating a second digital model representing the patient's anatomical gingiva and teeth in a second tooth arrangement different than the first tooth arrangement (¶0227 “3D digital FTA”); creating a third digital model of a shaping fixture for forming a shape of an orthodontic appliance for moving a patient's teeth from the first tooth arrangement to the second tooth arrangement based on the first and second digital models (¶0229 “The processing system determines (2010) a three dimensional appliance configuration, based on the interpolated movement of the teeth between the OTA and FTA (including any ITAs).”), wherein the third digital model comprises securing portions (“female elements”) characterizing positions of the patient's teeth in the second tooth arrangement (¶0239 “BCT or other suitable scan or image may be taken of the patient, after the female elements or TAD(s) are manually placed.”), each of the securing portions defining a vertical channel (Figure 26b teaches the securing portion (2600) has a horizontal and vertical channel.); and fabricating a physical shaping fixture based on the third digital model of the shaping fixture. (¶0232 “One or more appliances are fabricated (2012), based on data provided by the processing system.”)
Claim 39
A method comprising: creating a first digital model representing a patient's anatomical gingiva and teeth in a first tooth arrangement (¶0225 “3D OTA data”); creating a second digital model representing the patient's anatomical gingiva and teeth in a second tooth arrangement different than the first tooth arrangement (¶0227 “3D digital FTA”); creating a third digital model of a shaping fixture for forming a shape of an orthodontic appliance for moving a patient's teeth from the first tooth arrangement to the second tooth arrangement based on the first and second digital models (¶0229 “The processing system determines (2010) a three dimensional appliance configuration, based on the interpolated movement of the teeth between the OTA and FTA (including any ITAs).”), wherein the third digital model comprises securing portions (“female elements”) characterizing positions of the patient's teeth in the second tooth arrangement (¶0239 “BCT or other suitable scan or image may be taken of the patient, after the female elements or TAD(s) are manually placed.”), each of the securing portions defining a through channel (Figure 26b teaches the securing portion (2600) has a horizontal and vertical channel that extend through the entire width/height of the portion.); and fabricating a physical shaping fixture based on the third digital model of the shaping fixture. (¶0232 “One or more appliances are fabricated (2012), based on data provided by the processing system.”)
US20080254403A1
Claim 40
¶0121 and Figure 18E
Claim 41
US20180206941A1
2015-11-18
Claim 29
A method comprising: creating a digital model representing the patient's anatomical gingiva and teeth in a second tooth arrangement different than the first tooth arrangement (¶0086 “dental setup model”);
creating a third digital model of a shaping fixture for forming a shape of an orthodontic appliance for moving a patient's teeth from the first tooth arrangement to the second tooth arrangement based on the first and second digital models (¶0088-0094 teach that the bracket locations, shape of the wire (appliance), and the jig locations are determined based on the dental setup model using a computer program. The determinations using a computer program is the use of a virtual model to design the jigs/brackets/wire.), wherein the third digital model comprises securing portions (jigs, 20) characterizing positions of the patient's teeth in the second tooth arrangement (Figure 2 and ¶0099-0100 teach the jigs (20) are placed where the teeth are located.), each of the securing portions defining a vertical channel (211 or 221); and fabricating a physical shaping fixture based on the third digital model of the shaping fixture. (Figure 4A-4E)
The reference does not disclose a first and second model.
Claim 30
Vertical channel (Item 231 in Figure 4C has a vertical component)
Claim 31
Jig base (10) has locations of bracket attachment, which is based on the setup model (¶0088)
Claim 32
Figure 4C-4E
Claim 36
¶0110 “the wire will be naturally fixed in a bent state according to the angle and position of the wire ligation slot 231, as shown in FIG. 4E”
Claim 37
¶0112 “In the preferred embodiment, the jig base 10 is heated at about 500° C. for a predetermined time, thereby making a wire of nitinol material memorizing its bent shape formed by the jig 20.”
Claim 39
Through-channel (ligation slots, 231)
Claim 45
Ligation slots perform the functional limitation.
US20080254403A1
2008-03-24
Claim 29
A method comprising: creating a first digital model representing a patient's anatomical gingiva and teeth in a first tooth arrangement (¶0059 “virtual CAD model of the patient’s pretreatment malocclusion”….”the patient's dental anatomy can be directly scanned”) creating a second digital model representing the patient's anatomical gingiva and teeth in a second tooth arrangement different than the first tooth arrangement (¶0060 “virtually treating the dentition to an ideal or finished occlusion representative of the orthodontic result at the end of conventional, successful treatment using known orthodontic techniques”); creating a third digital model (¶0081 “The mandrel 30 is initially designed in the virtual CAD space”) of a shaping fixture (mandrel, 30) for forming a shape of an orthodontic appliance (archwire, 50) for moving a patient's teeth from the first tooth arrangement to the second tooth arrangement based on the first and second digital models (¶0067 teaches a virtual archwire is created in order to transfer corrective energy to the teeth. The virtual archwire is based on the first and second models.), wherein the third digital model comprises securing portions (webs, 45) characterizing positions of the patient's teeth in the second tooth arrangement (Figure 13 shows the webs (45) correspond to the location of the arch wire (50) and brackets (40), which in turn corresponds to positions of the patients teeth during treatment.), each of the securing portions defining a vertical channel (Figure 13 shows the webs (45) have a channel including a vertical height.); and fabricating a physical shaping fixture based on the third digital model of the shaping fixture. (¶0086)
The motivation to use the method of Hilliard is to create a fixture capable of holding the archwire during heat treating. (¶0083)
Claim 30
Figure 3 shows bent portions of the wire are placed within the securing portions and that the archwire shape matches the shape of the fixture.
Claim 31
Figure 3 shows the mandrel has a shape corresponding to the shape of the patients mouth/gums.
Claim 32
Figure 3
Claim 33
¶0081 teaches the virtual archwire (fourth digital model) has a shape that corresponds to the shape of the mandrel (third digital model)
¶0100 teaches a scanning of the heat set wire (creating a fourth digital model) after it emerges from the heat treating process (which is within the mandrel, which is based on the third digital model).
Claim 35
¶0088 “cast aluminum blank”
Claim 36
¶0089 teaches the wire is placed in the mandrel prior to heat treatment. The form where the wire is placed in the mandrel is the “treatment form”.
Claim 37
¶0090 “shape setting”
Claim 38
Step 20 scans either the upper/lower or both jaws.
Claim 39
Through-channel (Figure 3)
Claim 29
A method comprising: creating a first digital model representing a patient's anatomical gingiva and teeth in a first tooth arrangement (¶0059 “virtual CAD model of the patient’s pretreatment malocclusion”….”the patient's dental anatomy can be directly scanned”) creating a second digital model representing the patient's anatomical gingiva and teeth in a second tooth arrangement different than the first tooth arrangement (¶0060 “virtually treating the dentition to an ideal or finished occlusion representative of the orthodontic result at the end of conventional, successful treatment using known orthodontic techniques”); creating a third digital model (Figure 10, arch slots (40) represent a system of brackets that are used to create the shaping fixture (mandrel) design.) of a shaping fixture for forming a shape of an orthodontic appliance (archwire, 50) for moving a patient's teeth from the first tooth arrangement to the second tooth arrangement based on the first and second digital models (The location of the arch slots (40) in Figure 10 is determined based on the pre and post treatment tooth positions (¶0067).), wherein the third digital model comprises securing portions (arch slots, 40) characterizing positions of the patient's teeth in the second tooth arrangement (The location of the arch slots (40) in Figure 10 is determined based on the pre and post treatment tooth positions (¶0067).), each of the securing portions defining a vertical channel (Figure 13 shows the arch slots (40) have a channel including a vertical height. The channel could also be considered to be vertical based on the rotation of the model in the virtual space.); and fabricating a physical shaping fixture based on the third digital model of the shaping fixture. (¶0086)
Claim 33
¶0079 “virtual archwire”
Claim 34
¶0079 “virtual archwire” is shown in Figure 11 as positioned within the arch slots (40) which have a base portion facing the lingual side of the model. This base portion is produced as shown in Figure 3.
US20080233531A1
2007-03-22
Claim 29
A method comprising: creating a first digital model representing a patient's anatomical gingiva and teeth in a first tooth arrangement (¶0057 “the digital data may be obtained by scanning the physical model of the patient's teeth or by using a contact probe on the patient's teeth”) creating a second digital model representing the patient's anatomical gingiva and teeth in a second tooth arrangement different than the first tooth arrangement (¶0060 “The practitioner then interacts with a local computer to view the three dimensional (“3D“) virtual model and determine the desired final positions of the patient's teeth.”); creating a third digital model (¶0061 “e practitioner selects and places virtual appliances such as brackets and buccal tubes on the virtual model using the local computer. During this process, the practitioner selects virtual appliances that embody certain geometric attributes and also selects the positions of the appliances on the patient's teeth within the modeling environment.” This is the practitioner creating a third model, building upon the previous two models.) of a shaping fixture (model, 30) for forming a shape of an orthodontic appliance (The model (30) is used to create a tray (88).) for moving a patient's teeth from the first tooth arrangement to the second tooth arrangement based on the first and second digital models (The tray is for applying the appliances (46, 46a) to the patients teeth. The appliance location is based on the model (30), which is based on the first and second digital models.), wherein the third digital model comprises securing portions (appliances, 46) characterizing positions of the patient's teeth in the second tooth arrangement (The appliances are placed based on the final predicted positions of the teeth (¶0062).), each of the securing portions defining a vertical channel (Figure 3 shows the appliance has a vertical and horizontal channel.); and fabricating a physical shaping fixture based on the third digital model of the shaping fixture. (¶0066-0067)
Claim 31
Item 32
Claim 32
Figure 10 show the securing portions (46) extend away from the base (32 or 36).
Claim 35
¶0066Claim 38
¶0067 “The arch model 30 as shown represents the patient's entire lower dental arch, and preferably a model of the patient's upper dental arch (not shown) is also provided.”
Claim 39
Through-channel (Figure 3)
Claim 47
¶0057 teaches the digital data includes the patients gingival tissue. Figure 10 shows the gingiva has a thickness.
Claim 48
Figure 10 shows a surface of the gingiva (32) portion of the model, on the lingual side,
US20040083611A1
2002-11-06
Rubbert teaches rapid prototyping (¶0071) of a fixture for holding an archwire during heat treatment.
US20180243052A1
2015-11-18
Claim 29
A method comprising: creating a first digital model representing a patient's anatomical gingiva and teeth in a first tooth arrangement (¶0049-0050 “ dental setup model 10… patient's teeth model with maxillary or mandibular malocclusion and realigning the teeth model at an ideal position.” “setup model 10 may be made using computer graphics using a 3D scanner 40”) creating a second digital model representing the patient's anatomical gingiva and teeth in a second tooth arrangement different than the first tooth arrangement (¶0049-0050 “ dental setup model 10… patient's teeth model with maxillary or mandibular malocclusion and realigning the teeth model at an ideal position.” “setup model 10 may be made using computer graphics using a 3D scanner 40”); creating a third digital model (¶0053-0054 “after all of the brackets 20 are attached to the setup model 10 of the teeth, the 3D scanner 40 scans it in order to grasp coordinates of the brackets 20 and coordinates of slots of the brackets 20.”) of a shaping fixture (model, 10) for forming a shape of an orthodontic appliance (The model (10) is used to create an archwire.) for moving a patient's teeth from the first tooth arrangement to the second tooth arrangement based on the first and second digital models (The archwire is attached to brackets to move the patients teeth from the malocclusion to final positions.), wherein the third digital model comprises securing portions (brackets, 20) characterizing positions of the patient's teeth in the second tooth arrangement (Figure 3C shows the brackets (20) are attached to the patients teeth on the model.), each of the securing portions defining a vertical channel (Figure 4B); and fabricating a physical shaping fixture based on the third digital model of the shaping fixture. (Figure 3C)
US20140234794A1
2012-08-02
Claim 29
A method comprising: creating a first digital model representing a patient's anatomical gingiva and teeth in a first tooth arrangement (¶0037 “patient's lower jaw is produced, who shall be treated orthodontically.” And ¶0013 “set-up is advantageously made of plaster or is a virtual target set-up.”) creating a second digital model representing the patient's anatomical gingiva and teeth in a second tooth arrangement different than the first tooth arrangement (¶0037 “the teeth are arranged in a target set-up 3, see FIG. 1, which shall represent the desirable result at the end of the treatment.”); creating a third digital model (¶0059 ” using this file a baking mould 11 is created”) of a shaping fixture (baking mould, 11) for forming a shape of an orthodontic appliance (¶0059 “using this file a baking mould 11 is created (in this instance an aluminium plate) for the orthodontic wire 1”) for moving a patient's teeth from the first tooth arrangement to the second tooth arrangement based on the first and second digital models (The archwire is attached to brackets to move the patients teeth from the malocclusion to final positions.), wherein the third digital model comprises securing portions (brackets, 5) characterizing positions of the patient's teeth in the second tooth arrangement (Figure 3 shows the brackets (5) are attached to the patients teeth on the model.), each of the securing portions defining a vertical channel (Figure 5A-5B); and fabricating a physical shaping fixture based on the third digital model of the shaping fixture. (¶0060 “An aluminium plate with the dimensions 79.5 mm×79.5 mm×2.5 mm is inserted into a CNC milling machine and fixed there. The aluminium plate includes six flat surfaces.”)
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/MICHAEL W HOTCHKISS/Primary Examiner, Art Unit 3722
