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 § 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 2, 6-8 and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 204106230 U) in view of Sanchez et al. (WO 2014150713 A1), in further view of Sutter (WO 2005058178 A2).
[AltContent: textbox (Coronal end of the dental implant)][AltContent: textbox (Apical end of the dental implant)][AltContent: arrow][AltContent: textbox (Connecting screw)][AltContent: arrow][AltContent: textbox (Internal threaded portion)][AltContent: textbox (Hollow circular cylindrical first basic body)][AltContent: ][AltContent: ][AltContent: textbox (Through bore)][AltContent: arrow][AltContent: textbox (Distal end)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Longitudinal center axis)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Abutment)][AltContent: arrow][AltContent: textbox (Dental implant)]
PNG
media_image1.png
425
205
media_image1.png
Greyscale
[AltContent: ][AltContent: textbox (Coronal end of the dental implant)][AltContent: arrow][AltContent: textbox (Multiple ribs)][AltContent: textbox (Taper)][AltContent: arrow][AltContent: arrow][AltContent: ][AltContent: textbox (Hollow cylindrical end portion)][AltContent: ][AltContent: arrow][AltContent: textbox (Internal threaded portion)][AltContent: arrow][AltContent: textbox (Inner shell surface)][AltContent: textbox (Hollow circular cylindrical second basic body)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second anti-rotation element)][AltContent: arrow][AltContent: textbox (Screw thread)][AltContent: ][AltContent: textbox (Axial blind bore)]
PNG
media_image2.png
350
180
media_image2.png
Greyscale
[AltContent: arrow][AltContent: arrow][AltContent: textbox (Multiple ribs)][AltContent: arrow][AltContent: textbox (Internal threaded portion)][AltContent: textbox (Space between ribs having a width)][AltContent: arrow][AltContent: ][AltContent: textbox (Inner shell surface)][AltContent: ][AltContent: ][AltContent: textbox (Multiple ribs)][AltContent: ][AltContent: textbox (Inner shell surface)][AltContent: arrow][AltContent: textbox (Second anti-rotation element)]
PNG
media_image3.png
329
236
media_image3.png
Greyscale
PNG
media_image4.png
243
176
media_image4.png
Greyscale
[AltContent: ][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Multiple grooves )][AltContent: ][AltContent: textbox (Circumferential shoulder)][AltContent: ][AltContent: textbox (Complementary hollow cylindrical neck portion)][AltContent: ][AltContent: arrow][AltContent: textbox (Space between grooves having a width )][AltContent: ][AltContent: textbox (Multiple grooves )][AltContent: arrow][AltContent: arrow][AltContent: textbox (Outer shell surface )][AltContent: arrow][AltContent: textbox (Hollow circular cylindrical first basic body )][AltContent: textbox (Head portion)][AltContent: ][AltContent: arrow][AltContent: textbox (Hollow circular cylindrical first basic body )][AltContent: arrow][AltContent: textbox (First anti-rotation element)][AltContent: ][AltContent: textbox (Connecting portion)][AltContent: arrow][AltContent: textbox (Proximal end)][AltContent: textbox (Distal end with head portion)][AltContent: ]
PNG
media_image5.png
369
282
media_image5.png
Greyscale
PNG
media_image6.png
324
204
media_image6.png
Greyscale
Regarding claim 1, Wang discloses an implant system (see Fig. 1-6 above) including:
a dental implant (1) (see annotated Fig. 1 above); and
an abutment (2) (see annotated Fig. 5 above), wherein:
the dental implant (1) extends along a longitudinal center axis from an apical end toward a coronal end (see annotated Fig. 1 above) and includes an axial blind bore which is open toward the coronal end (see annotated Fig. 2 above) and, on an outer surface, a screw thread for anchoring in a jaw bone (see annotated Fig. 2 above),
the abutment (2) includes a distal end with a head portion for receiving a prosthetic element (see annotated Fig. 5 above), a proximal end, which is situated opposite the distal end and has a connecting portion extending along a longitudinal axis for insertion into the blind bore of the dental implant (1) (see annotated Fig. 1 and 5 above), and a through-bore which extends from the distal end to the proximal end for receiving a connecting screw (3) (see annotated Fig. 1 above),
a first anti-rotation element is realized on the outside of the connecting portion (see annotated Fig. 5 above) and a second anti-rotation element (see annotated Fig. 2 and 3 above), which is complementary to said first anti-rotation element, is realized on the inside in the blind bore (see Fig. 1 and 3 above – where the abutment is engaged with the dental implant through the anti-rotation elements),
the first anti-rotation element of the abutment (2) includes a hollow circular cylindrical first basic body with an outer shell surface and with multiple grooves (211) which extend in the longitudinal direction and, proceeding from the outer shell surface, project into the hollow circular cylindrical first basic body, wherein the multiple grooves (211) are open toward the proximal end (see annotated Fig. 5 and 6 above),
the second anti-rotation element of the dental implant (1) includes a hollow circular cylindrical second basic body with an inner shell surface and multiple ribs (121) which extend in the longitudinal direction and, proceeding from the inner shell surface, project into the axial blind bore (see annotated Fig. 2-4 above),
the multiple grooves (211) each includes a cross section in a plane perpendicular to the longitudinal center axis that is at least partially concavely curved, and the multiple ribs (121) each include a cross-section in the plane perpendicular to the longitudinal axis that is at least partially convexly curved (see Fig. 2-6 above and [0029]),
adjacent grooves of the multiple grooves (211) and adjacent ribs of the multiple ribs (212) are spaced apart from one another in each case by portions of the outer shell surface of the hollow circular cylindrical first basic body or the inner shell surface of the second basic body and a width of the portions measured in the circumferential direction is greater than a width of the multiple grooves (211) or the multiple ribs (121) (see annotated Fig. 4 and 6),
the axial blind bore includes a hollow cylindrical end portion coronally of the second anti-rotation element (see annotated Fig. 2 above) and, distally of the first anti-rotation element (see annotated Fig. 1 and 2 above), the abutment includes a complementary hollow cylindrical neck portion (see annotated Fig. 5 above) which is arranged inside the hollow cylindrical end portion once the connecting portion has been inserted into the blind bore (see Fig. 1 above), the implant system further includes a taper (11) (see annotated Fig. 2 above) that is provided coronally of the hollow cylindrical end portion within the blind bore of the dental implant (1) and has a diameter that increases in the coronal direction (see Fig. 2 and 3 above), and the implant system further including a complementary taper that is provided coronally of the cylindrical neck portion on the connecting portion of the abutment (2) (see annotated Fig. 5 above), wherein the surfaces of the two tapers contact each other after full insertion of the connecting portion of the abutment (2) into the blind bore of the implant (1) (see Fig. 1 above), and the multiple grooves extend substantially up to the proximal end of the abutment (see annotated Fig. 5 above – where the grooves extends substantially up to the surface of the proximal end of the abutment).
However, Wang does not disclose that the dental implant and the abutment are produced from a ceramic material, and that an axial length of the taper of the blind bore is less than an axial length of the hollow cylindrical end portion and fan axial length of the second anti-rotation element, and that the axial blind bore includes a threaded-free, hollow cylindrical portion between the second anti-rotation element and the internal threaded portion.
Sanchez et al. teaches that it is well known in the art that an implant and an abutment engaging in an anti-rotational configuration can both be made of biocompatible material, such as biocompatible ceramic material ([0067] and [0084)).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the material of the implant and abutment of Wang, with the ceramic material of Sanchez, in order to provide a dental implant and abutment made of a material that is well known in the art to be biocompatible in order to minimize body rejection.
However, Wang/Sanchez does not disclose an axial length of the taper of the blind bore is less than an axial length of the hollow cylindrical end portion and an axial length of the second anti-rotation element; and that the axial blind bore includes a threaded-free, hollow cylindrical portion between the second anti-rotation element and the internal threaded portion
[AltContent: arrow][AltContent: textbox (Abutment )][AltContent: textbox (Dental implant )][AltContent: arrow]
PNG
media_image7.png
758
490
media_image7.png
Greyscale
[AltContent: ][AltContent: textbox (Second anti-rotation element )][AltContent: textbox (Hollow cylindrical end portion )][AltContent: ][AltContent: ][AltContent: connector][AltContent: textbox (Tapered coronal portion )][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: arrow][AltContent: textbox (Threaded-free, hollow cylindrical portion)][AltContent: ][AltContent: textbox (Tapered coronal )][AltContent: arrow][AltContent: textbox (Second anti-rotation element)][AltContent: ][AltContent: textbox (Axial blind bore )][AltContent: textbox (Fig. 1 zoomed portion )][AltContent: arrow][AltContent: textbox (Dental implant )]
PNG
media_image8.png
258
290
media_image8.png
Greyscale
Sutter teaches a dental implant system including a dental implant (1) and an abutment, where the dental implant (1) includes an axial blind bore including a tapered coronal portion, a second anti-rotation element and an internal threaded portion, where in between of the anti-rotation element and the internal threaded portion includes a threaded-free, hollow cylindrical portion, and the abutment includes at the apical portion the counter shape to fit the axial blind bore. The threaded-free, hollow cylindrical portion in combination with the counter part in the abutment is configured to limit the radial play between the abutment and the dental implant (see annotated Fig. 1 and 1 zoomed portion, and page 8, lines 18-27). Furthermore, the axial length of the tapered coronal portion of the blind bore is less than the axial length of the hollow cylindrical end portion and an axial length of the second anti-rotation element (see annotated Fig. 1 zoomed portion above).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the axial blind bore of the implant and the counter part of the abutment of Wang/Sanchez, with the threaded-free, hollow cylindrical portion between the anti-rotation element and the internal threaded portion of the axial bore and the counter part of the abutment, and the axial length relation between the coronal tapered portion with the hollow cylindrical end portion and the second anti-rotation element of Sutter, in order to minimize the radial play between the abutment and the dental implant, and by having the axial length relationship allows for the dental implant to maintain a bigger thickness in the radial extension throughout a longer extension of the implant, in this way resist more forces by mastication, that at the same time avoid weakness that result in material failure of the coronal portion of the dental implant throughout its use.
Regarding claim 2, Wang/Sanchez discloses the claimed invention substantially as claimed, as set forth above for claim 1, and where Wang discloses that the internal threaded (13) is arranged apically of the second anti-rotation connection to a connecting screw (3) (see annotated Fig. 1-3 above).
Regarding claim 6, Wang/Sanchez/Sutter discloses the claimed invention substantially as claimed, as set forth above for claim 1, and where Wang discloses that the cross-sectional surface of the multiple grooves (211) and the multiple ribs (121) are fully curved (see annotated Fig. 4 and 6).
Regarding claim 7, Wang/Sanchez/Sutter discloses the claimed invention substantially as claimed, as set forth above for claim 6, and where Wang discloses that the cross-sectional surface includes a circular arc with a uniform radius (see element R in Fig. 6 and [0031]).
Regarding claim 8, Wang/Sanchez/Sutter discloses the claimed invention substantially as claimed, as set forth above for claim 6, and where Wang discloses that the length of the grooves and ribs is bigger than its width, and based on the figures the length appears to be bigger than twice its width (see Fig. 2 and 5 above).
However, Wang/Sanchez/Sutter does not disclose that the multiple grooves or the multiple ribs comprise a width-length ratio of between 1:3 and 1:6.
On the other hand, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have the multiple grooves or the multiple ribs including the width-length ratio between 1:3 and 1:6, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 11, Wang/Sanchez/Sutter discloses the claimed invention substantially as claimed, as set forth above for claim 10, and where Wang discloses that the hollow cylindrical end portion extends to the coronal end of the dental implant, and the length of the hollow cylindrical end portion is smaller than the length of the second anti-rotation element (see annotated Fig. 2 above).
However, Wang/Sanchez does not disclose that the axial blind bore and its length, is at least half as long as the length of the second anti-rotation element.
On the other hand, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have the axial blind bore and its length to be at least half as long as the length of the second anti-rotation element, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 12, Wang/Sanchez/Sutter discloses the claimed invention substantially as claimed, as set forth above for claim 1, and where Wang discloses that the connecting portion extends in the proximal direction up to a ring-shaped end face which is delimited on the outside by a circumferential rounded end edge (see annotated Fig. 5 above – where the proximal end of the connecting portion includes at least a line shape edge which is considered the circumferential rounded end edge).
Regarding claim 13, Wang/Sanchez/Sutter discloses the claimed invention substantially as claimed, as set forth above for claim 1, and where Wang discloses that the connecting portion extends in the distal direction up to a circumferential shoulder which, in the connected state of the implant system (1), rests on the coronal end of the dental implant (1) and, as a result, surrounds the opening of the axial blind bore (see annotated Fig. 1 and 5 above).
Regarding claim 14, Wang/Sanchez/Sutter discloses the claimed invention substantially as claimed, as set forth above for claim 1, and where Wang discloses that the second anti-rotation element is arranged completely in the region of the screw thread (see annotated Fig. 2 above).
Claim 15, the claim does not impart any structure to the dental implant and/or to the abutment and does not further limit the dental implant and the abutment but to a process of making. Therefore, the claim is considered a product-by-process claim and the final product will be given patentable weight only.
Regarding claim 15, Wang/Sanchez/Sutter discloses the claimed invention substantially as claimed, as set forth above for claim 1.
However, Wang does not disclose that the dental implant and or the abutment includes powder.
Sanchez et al. teaches that it is well known in the art that an implant and an abutment engaging in an anti-rotational configuration can both be made of biocompatible material, such as biocompatible ceramic material ([0067], [0084)).
Therefore, due to a body including ceramic material is originally in the form of a powder before it is sintered.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the material of the implant and abutment of Wang/Sanchez/Sutter, with the ceramic material of Sanchez, in order to provide a dental implant and abutment made of a material that is well known in the art to be biocompatible in order to minimize body rejection.
Regarding claim 16, Wang/Sanchez/Sutter discloses the claimed invention substantially as claimed, as set forth above for claim 1, and where Wang discloses that the first anti-rotation element and the second anti-rotation element include an identical number of multiple grooves or the multiple ribs (see Fig. 4 and 6 where the quantity of ribs and grooves is the same).
Regarding claim 17, Wang/Sanchez/Sutter discloses the claimed invention substantially as claimed, as set forth above for claim 1, and where Wang discloses that the tapered angle of the taper is between over 0 degrees and less than 90 degrees based on the Fig. 2 above.
However, Wang/Sanchez/Sutter does not disclose that the angle of the taper is between 15 to 25 degrees.
On the other hand, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have the taper with the angle between 15-25 degrees, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Regarding claim 18, Wang/Sanchez/Sutter discloses the claimed invention substantially as claimed, as set forth above for claim 1, and where Wang discloses that the hollow cylindrical end portion is between the taper and the second anti-rotation element such that the taper is connected to the second anti-rotation element via the hollow cylindrical end portion (see annotated Fig. 2 above).
Allowable Subject Matter
Claim 19 is allowed.
The following is an examiner's statement of reasons for allowance:
Regarding claim 19, the amendment turns the claim as independent including the allowable subject matter indicated in the last Office action of 14 April 2025.
Therefore, the art of record does not teach or render obvious, either alone or in combination, an implant system including that within the blind bore, a first diameter of the hollow cylindrical end portion is greater than a second diameter of the second anti-rotation element, and the second diameter of the second anti- rotation element is greater than a third diameter of the hollow cylindrical portion in combination with the elements set forth in the claim.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for Allowance."
Claim 20 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 20, the prior arts of Wang, Sanchez and Sutter do not disclose along or in combination that the complementary taper is in full surface contact with the taper.
Response to Arguments
Applicant’s arguments, see Pre-Appeal Brief, filed 1 December 2025, with respect to the rejections of claims 1, 2, 6-8 and 11-18 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Wang, Sanchez and Sutter.
Regarding claim 1, with respect to the arguments regarding the axial length between the tapered coronal portion and the hollow cylindrical end portion with the second anti-rotation element, the Office has reexamined the language with respect to the prior arts used in the last Office action and has concluded that said axial length is found in the prior art of Sutter, that in combination with the prior arts of Wang and Sanchez include all the limitations described in the claim.
Therefore, it is understood that the set of claims are not ready for allowance.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRAYDA ARLENE APONTE whose telephone number is (571)270-1933. The examiner can normally be reached M-F 8-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached at 571-270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MIRAYDA A APONTE/ Examiner, Art Unit 3772 /ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
Prosecution Insights