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 5,6,9,10 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.
In claim 5, lines 2 and 3, “the upper surface” has no prior antecedent basis.
In claim 6, lines 2 and 3, “the fixing outer surface” is unclear as to which “fixing outer surface” is being referred to. It appears that “the” should be –each--.
In claim 9, lines 8 and 9, “the dental treatment index” is unclear because it appears that this recitation is attempting to further limit “a dental treatment index fixing holder” in line 8. It is suggested that –fixing—be inserted after “treatment” in line 9.
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.
Claims 1,2,3,4,5,6,9,10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by von Weissenfluh 5195889.
With regard to claim 1, von Weissenfluh discloses a dental treatment index 1 (see fig. 1) composed of a light-transmissive material (col. 2, lines 17-19), the dental treatment index 1 comprising: two fixing outer surfaces (see annotated figure below); and a tooth-shaped hole provided in an inner surface between the two fixing outer surfaces, wherein guide portions are provided on the fixing outer surfaces, respectively.
[AltContent: textbox (Guide portion (flat surface))][AltContent: textbox (Guide portion (flat surface))][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Fixing outer surface)][AltContent: textbox (Fixing outer surface)]
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[AltContent: textbox (Tooth shaped hole)]
With regard to claim 2, note that each of the guide portions is a flat surface.
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See above.
With regard to claim 3, note that a portion where the tooth-shaped hole is provided includes a through-hole penetrating the inner surface (see col. 3, lines 4-7) and an upper surface.
[AltContent: arrow][AltContent: arrow][AltContent: textbox (Through hole penetrates inner surface)][AltContent: arrow][AltContent: textbox (Inner surface)][AltContent: arrow][AltContent: textbox (Upper surface (when the index 1 is flipped vertically)]
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[AltContent: textbox (Through hole)]
With regard to claim 4, note that the through hole (see above annotated figure) has an opening area that decreases from the upper surface toward the inner surface.
With regard to claim 5, note that a contact portion extending outward is provided from a tip end of the guide portions in a direction from the upper surface toward the inner surface. See below annotated figure 1.
[AltContent: textbox (Guide portion on a tip end side in direction from upper surface toward inner surface)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (contact portion extending outward is provided from a tip end of the guide portions in a direction from the upper surface toward the inner surface)][AltContent: arrow][AltContent: textbox (Tip end of guide portion)]
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With regard to claim 6, note that each of the guide portions is provided on a tip end side in a direction from the upper surface toward the inner surface. See above annotated figure.
With regard to claim 9, von Weissenfluh discloses a dental treatment set, comprising: a dental treatment index composed of a light-transmissive material, the dental treatment index comprising:
two fixing outer surfaces: and
a tooth-shaped hole provided in an inner surface between the two fixing outer surfaces,
wherein guide portions are provided on the fixing outer surfaces, respectively; (see above rejection of claim 1)
and
a dental treatment index fixing holder 2 (see fig. 3, annotated below) composed of a light-transmissive material (see col. 1, lines 57-58), the dental treatment index fixing holder comprising:
two holder side portions connected to each other,
wherein counter guide portions are provided on fixing inner surfaces of the two holder side portions, the fixing inner surfaces facing each other,
wherein counter guide portions are provided on fixing inner surfaces of the two holder side portions, the fixing inner surfaces facing each other
wherein, when a distance between fixing inner surface upper portions other than portions where the counter guide portions are provided on the two fixing inner surfaces of the dental treatment index fixing holder is defined as d4, and a distance between fixing outer surface upper portions other than portions where the guide portions are provided on the two fixing outer surfaces of the dental treatment index is defined as d3, the relationship is d3 < d4. Also see below annotated figure showing D3 and D4 distances.
[AltContent: textbox (Fixing inner surfaces)]
[AltContent: arrow][AltContent: arrow]
[AltContent: arrow][AltContent: textbox (Holder side portion)]
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[AltContent: textbox (Counter guide portions provided on the fixing inner surfaces, facing each other)][AltContent: arrow]
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[AltContent: textbox (D4)][AltContent: ]
[AltContent: connector][AltContent: connector]
[AltContent: connector][AltContent: connector]
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[AltContent: ]
[AltContent: textbox (D3)]
With regard to claim 10, note that when a distance between the two counter guide portions (the indentations in the inner surfaces of holder 2) is defined as d2, and a distance between the two guide portions (the projections on index 1) is defined as d1, the relationship is d2 greater than or equal to d1. This occurs when the arms of element 2 are clamped onto index 1.
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.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over von Weissenfluh 5195889 in view of Hansen et al 20180021113.
With regard to claim 11, von Weissenfluh discloses a method of providing a dental treatment index, the dental treatment index including two fixing outer surfaces, guide portions provided on the respective fixing outer surfaces, and a tooth-shaped hole. See above rejection of claim 1.
Von Weissenfluh does not disclose the method including a three-dimensional data generation method, comprising: a pre-restoration tooth shape imaging step of capturing a pre-restoration tooth shape image; a pre-restoration tooth shape three-dimensional data generation step of creating pre- restoration tooth shape three-dimensional data based on the pre-restoration tooth shape image; a target tooth shape three-dimensional data generation step of creating target tooth shape three-dimensional data of a target shape to be formed after restoration, based on the pre-restoration tooth shape three-dimensional data; and a dental treatment index three-dimensional data generation step of creating three- dimensional data of the dental treatment index, corresponding to the target tooth shape formed in an inner surface between the two fixing outer surfaces, based on the target tooth shape three-dimensional data.
Hansen et al discloses a method including a pre-restoration tooth shape imaging step of capturing a pre-restoration tooth shape image (see paragraph 47), a pre-restoration tooth shape three-dimensional data generation step of creating pre- restoration tooth shape three-dimensional data based on the pre-restoration tooth shape image (inherent in the step of capturing the image, see paragraph 47), and a target tooth shape three-dimensional data generation step of creating target tooth shape three-dimensional data of a target shape to be formed after restoration, based on the pre-restoration tooth shape three-dimensional data (paragraph 47, the target restoration shape was virtually placed on the crown preparation in the software).
It would have been obvious to one skilled in the art to utilize the above steps as disclosed in Hansen et al, in order to provide a dental treatment index three-dimensional data generation step of creating three-dimensional data of the dental treatment index of von Weissenfluh, corresponding to the target tooth shape formed in an inner surface between the two fixing outer surfaces, based on the target tooth shape three-dimensional data, in view of the teaching of Hansen et al that the disclosed steps may be utilized in creating target tooth shape data when utilizing a dental index having a tooth shape.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS D LUCCHESI whose telephone number is (571)272-4977. The examiner can normally be reached M-F 800-430.
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/NICHOLAS D LUCCHESI/Primary Examiner, Art Unit 3772
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