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 .
Response to Arguments
Applicant’s arguments with respect to claims 1 and 27 and their depending claims have been considered but are moot because the new ground of rejection does in view of the new prior art of Richard et al. which provides for the new limitations. Regarding new claims 33-36, Wade is found to provide for the limitations of claims 33 and 36 as well as 34,35 in view of Richard. Applicant’s argument that Wade does not disclose a clipped on prosthesis support is not persuasive as Wade does disclose a support that would be capable of holding a temporary prosthesis as cited in the following action, and it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex Parte Masham, 2 USPQ F.2d 1647 (1987).
While applicant has argued that figure 35 of Wade shows a screw 264 being used, this does not remove the fact that the clip in projections of Fig. 26 are structure that would be able to be clipped to the healing cap before any screw would be used and thus reads on the structure of claim 33.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 27 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 27 recites the new limitation of “wherein, in the second configuration, the end surface and/or the emergent surface of the healing element and an upper surface of the head of the screw form a continuous surface, without raised portions, and without a hollow part and without a recess”, which now appears to include the screw head as without a recess or hollow, however the original disclosure only ever recited the “a continuous surface, without raised portions, and without a hollow part and without a recess” as to the end surface and/or emergent surface and not the screw head itself which is only every disclosed as having a recess/hollow for a tool insertion and as such the claim recites new matter. For purposes of examination any prior art that provides for the emergent surface to form” a continuous surface, without raised portions, and without a hollow part and without a recess” as supported by the original disclosure when with the exception of an opening as recited on page 20 of the original specification.
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)(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 33 and 36, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wade et al. (US 5,904,483 A).
Regarding claim 33 Wade discloses an assembly for dental restoration (title and abstract) comprising;
a healing element (Figs. 5-8, 28-30, 35 element 40/312) able to be connected to a dental implant (Fig. 7 element 28), the healing element including a lateral surface intended to be integrated within a gum for a purpose of shaping the gum as the gum heals (Fig. 5-8, 28-30, 35 cross section of element 40/312 showing a lateral/side surface that can shape the gum element such s in Figs 5-8), and an end surface that forms, together with part of the lateral surface, an emergent surface that is intended to remain outside the gum (Fig. 30 lateral outside and top/end of element 318 forming and end and emergent surface capable of remaining outside the gum) and is asymmetrical with respect to at least one perpendicular median plane (figs. 5-8, 28-30, 35 showing the element 40/312 having at least a hexagonal inset and thus a perpendicular median plane having an asymmetry in any bisection. A hexagon only has 6 lines of symmetry and thus when bisected by a median plane anywhere else would be asymmetric and thus the heal element when bisected anywhere outside the 6 lines of symmetry of the internal hexagon would have an asymmetric median plane, see image below showing 2 of the 6 lines of symmetry and at least one of the asymmetric lines) , and
a detachable prosthesis support having a receiving part for a crown prosthesis (Figs. 22a/26/27/32/35 with corresponding element 226/256/258/354/256) and a linking part (Figs. 22a/26/27/32/35 with corresponding element 228/260/262/356/260) capable of engaging with and fixing to a matching linking zone that is defined in a through-opening that is provided in the healing element for directly fixing the detachable prosthesis support to the healing element while the healing element is fixed to the implant (Figs. 28-30 and Fig. 35 showing how the healing element has a corresponding linking zone that the linking part connects too by insertion, such as in Fig. 30 element 346 and similar in the other figures),
and a screw adapted to fix the healing element to the dental implant (Figs. 5-7 element 42, Figs. 28-30 element 156/178/334),
wherein the linking part of the detachable prosthesis support includes a first clipping component and the matching linking zone of the healing element includes a complementary second clipping component adapted to cooperate with the first clipping component of the linking part of the detachable prosthesis support to detachably fix the detachable prosthesis support on the healing element in a fixed position locked in translation and rotation (Figs. 30/32/34/35 showing the second clipping component of the healing element being a hexagonal recess with clipping recesses on the walls of the hexagon that correspond to a first clipping component of the prosthesis support with elements 238/362 etc.),
wherein the cooperation of the first clipping component and the second clipping component establish a detachable fixed mechanical connection between the detachable prosthesis support and the healing element without a threaded connection between the detachable prosthesis support and the healing element (Fig. 35 element 260 forms the detachable mechanical connection with 40, there begin now threaded connection between 256 and 40 with screw 264 not being needed for elements 256 and 40 to connect mechanically),
wherein the healing element can assume a first configuration, in which the healing element is connected to the detachable prosthesis support by cooperation of the first clipping component and the second clipping component (Fig. 35), and a second configuration, in which the healing element is fixed by itself to the dental implant using a screw without the detachable prosthesis support (Fig. 30).
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Regarding claim 36, Wade further discloses wherein the receiving part carries a temporary or definitive crown prosthesis (Figs. 26/27 elements 256/258 would carry a temporary restoration as per column 13 lines 8-12).
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 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.
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, 3, 6, 7, 9-11, 13, 14, 15, 16, 18-25, 27-30, 34, and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Wade et al. (US 5,904,483 A) in view of Richard et al. (US 2019/0365510 A1).
Regarding claims 1, 6, 27, and 28 Wade discloses an assembly for dental restoration (title and abstract) comprising;
a healing element (Figs. 5-8, 28-30, 35 element 40/312) able to be connected to a dental implant (Fig. 7 element 28), the healing element including a lateral surface intended to be integrated within a gum for a purpose of shaping the gum as the gum heals (Fig. 5-8, 28-30, 35 cross section of element 40/312 showing a lateral/side surface that can shape the gum element such s in Figs 5-8), and an end surface that forms, together with part of the lateral surface, an emergent surface that is intended to remain outside the gum (Fig. 30 lateral outside and top/end of element 318 forming and end and emergent surface capable of remaining outside the gum) and is asymmetrical with respect to at least one perpendicular median plane (figs. 5-8, 28-30, 35 showing the element 40/312 having at least a hexagonal inset and thus a perpendicular median plane having an asymmetry in any bisection. A hexagon only has 6 lines of symmetry and thus when bisected by a median plane anywhere else would be asymmetric and thus the heal element when bisected anywhere outside the 6 lines of symmetry of the internal hexagon would have an asymmetric median plane, see image below showing 2 of the 6 lines of symmetry and at least one of the asymmetric lines) , and
a detachable prosthesis support having a receiving part for a crown prosthesis (Figs. 22a/26/27/32/35 with corresponding element 226/256/258/354/256) and a linking part (Figs. 22a/26/27/32/35 with corresponding element 228/260/262/356/260) capable of engaging with and fixing to a matching linking zone that is defined in a through-opening that is provided in the healing element for directly fixing the detachable prosthesis support to the healing element while the healing element is fixed to the implant (Figs. 28-30 and Fig. 35 showing how the healing element has a corresponding linking zone that the linking part connects too by insertion, such as in Fig. 30 element 346 and similar in the other figures),
and a screw adapted to fix the healing element to the dental implant (Figs. 5-7 element 42, Figs. 28-30 element 156/178/334),
wherein the linking part of the detachable prosthesis support includes a first clipping component and the matching linking zone of the healing element includes a complementary second clipping component adapted to cooperate with the first clipping component of the linking part of the detachable prosthesis support to detachably fix the detachable prosthesis support on the healing element in a fixed position locked in translation and rotation (Figs. 30/32/34/35 showing the second clipping component of the healing element being a hexagonal recess with clipping recesses on the walls of the hexagon that correspond to a first clipping component of the prosthesis support with elements 238/362 etc.),
where the healing element can assume a first configuration in which the healing element is connected to the detachable prothesis support by cooperation of the first clipping component and the second clipping component (Fig. 35), and a second configuration in which the healing element is fixed by itself to the implant using a screw without the detachable prosthesis support, a bearing surface of the through hole cooperating with a complementary conical bearing of the head of the screw (Fig. 30),
wherein the end surface and/or the entire emergent surface of the healing element, supplemented by a head of a screw when the healing element is fixed by itself using the screw in the second configuration, has a smooth, continuous surface, without raised portions, and without a hollow part, and without a recess, and without a ridge, and without roughness (Figs. 19d,28-30 the emergent and/or end surface being continuous, without raised portions, without hollow or recessed portions when the screw head is in place without any ridge or roughness, this is with the understanding that the only support for such a feature from the instant application includes a tool opening for the screw head as every screw in the instant application has a tool opening and the placement of the screw does not remove the smooth, continuous surface without raised portions/hollow part/recess/ridge/roughness of the end and/or entire emergent surface).
While Wade discloses structure substantially identical to the instant application as discussed above, including where the healing element comprises a conical bearing surface at an upper end of the through opening (see image below) and a screw having a head comprising a conical bearing surface that is adapted to cooperate with a conical bearing surface of the through-opening (Fig. 30 element 370 cooperates with 332) but fails to explicitly disclose where the conical bearing surface of the screw head cooperates with a conical bearing surface at an upper end of the through-opening, such that emergent surface and the screw head form a continuous surface without raised portions, without a hollow portion and without a recess or ridge or roughness.
However, Richard discloses an intermediate attachment part for use in clipping connections of implant associated attachments (title and abstract) with a healing element comprises a conical bearing surface at an upper end of the through opening (Fig. 13 conical opening of element 28 receiving 34) and a screw having a head comprising a conical bearing surface that is adapted to cooperate with the conical bearing surface at the upper end of the through-opening (Fig. 13 element 34) such that an emergent surface and the screw head form a continuous surface without raised portions, without a hollow portion and without a recess or ridge or roughness (fig. 13 the screw head, end of 38 and lateral sides of 28 are a continuous surface without raised portions, without a hollow portion and without a recess or ridge or roughness).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the screw head having a conical bearing surface that would cooperate with a conical bearing surface at an upper end of the through opening of a healing cap such that the emergent surface and head would be a continuous surface without raised portions, without a hollow portion and without a recess or ridge or roughness as taught by Richard into the screw and healing cap through opening as taught by Wade for the purpose of providing for a healing cap and screw arrangement that would allow for a firmer attachment of the haling cap to an implant and which would then close of the dental implant during the period of osseointegration and prevention of the ingress of contaminants as taught by Richard (paragraph [0109] lines 5-15).
Regarding claim 3, Wade further discloses wherein in the second configuration, a head of the screw is embedded in the healing element and does not exceed the end surface of the healing element (Fig. 7 head of screw element 42 does not extend above the surface of element 40).
Regarding claim 7, Wade further discloses wherein the emergent surface of the healing element has an identifiable three-dimensional shape capable of automatically enabling recognition, positioning, and/or orientation of the healing element, and indirectly recognized the positioning and the orientation of the implant, without a marker (Figs . 19d,28-30 etc. element 110/312 has an automatically recognizable shape for enabling positioning).
Regarding claim 9, Wade further discloses wherein the first clipping component is a male clipping component (Figs. 22a/26/27/32/35 element 228/260/262/356/260 being a male clipping component) and the second clipping component is a female clipping component that includes a recess, defined in a wall of the through- opening, the recess being designed to engage with the first clipping component (Figs. 28-30, 35 element showing the female clipping recesses of the through opening to engage the first male clipping component, such as shown in Fig. 35).
Regarding claim 10, Wade further discloses wherein the receiving part of the detachable support comprises a first component provided with an internal face capable of covering all or part of the emergent surface of the healing element and a second component projecting from an external face of the first component (See image below the faces being internal and external when joined to the healing element).
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Regarding claim 11, Wade further discloses wherein the linking part projects from the internal face of the first component (image above element 262).
Regarding claim 13, Wade further discloses wherein the receiving part of the detachable support comprises a first component connecting a second component with the linking part (see image below).
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Regarding claim 14, Wade further discloses wherein the first component is provided with a frustoconical portion engaging with a conical bearing surface of the healing element in order to seal an interface between the healing element and the detachable prosthesis support and to reduce any translational play between the healing element and the detachable prosthesis support to zero (see image below).
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Regarding claim 15, Wade further discloses wherein the linking part is provided with an anti-rotation element to properly hold the detachable support on the healing element (Figs. 22a/b,26,27,35 the linking part has anti-rotation projections that clip into the recess of the healing element).
Regarding claim 16, Wade further discloses where the detachable prosthesis support comprises a through-hole extending longitudinally from one end to another end of the detachable prosthesis support (figs. 22b/35 element 246/274).
Regarding claim 18, Wade further discloses a locking element (Fig. 35 element 268) with a second end of the locking element able to engage with the first clipping component of the linking part of the detachable prosthesis support (Fig. 35 end 264 engages with the clipping component 260 to prevent it unclipping inwards).
Regarding claim 19, Wade further discloses where a second component of the receiving part of the detachable prosthesis support comprises an external surface comprising a plurality of elements for retaining adhesive for bonding a crown prosthesis on the external surface (Fig. 22a elements 240).
Regarding claim 20, Wade further discloses wherein each retention element is a marker providing information relating to a maximum alteration height of the crown prosthesis (Fig. 22a each of elements 240 provide visual information of their height).
Regarding claim 21, Wade further discloses where the detachable prosthesis support is produced from a polymer of “POM” which is an abbreviation for acetal copolymers (column 5 lines 29-31 disclosing the abutments made of acetal copolymer).
Regarding claim 22, the claimed phase “using a machining and/or molding and/or material addition process” is being treated as a product-by-process limitation and since it has been held that a product-by-process limitation is not construed as being limited to the product formed by the specific process recited, therefore, even though Wade is silent as to the process used to produced its assembly, it appears that the product of Wade would be the same or similar as that claimed.
Regarding claims 23, 24, 29, and 30 Wade further discloses wherein a longitudinal axis of the detachable support extending over an entire length of the detachable support is coincident with axes of rotation of a first and second components of the receiving part and of the linking part or the detachable support comprises a longitudinal axis extending over an entire length of the detachable support that is able to be aligned with an axis of the healing element. (Fig. 35 showing every element including the support 256 and linking 260 and healing element 40 share a common axis).
Regarding claim 25, Wade further discloses wherein the detachable support is a one-piece part and/or the healing element is a one-piece part (fig. 35 element 256 and 40 being one piece parts).
Regarding claim 34, Wade discloses structure substantially identical to the instant application as discussed above including where first clipping component includes a plurality of flexible projection(Figs. 30/32/34/35 elements 238/362 which have enough flexibility to clip into the corresponding recesses) and the second clipping component includes at least one recess or groove configured to receive at least a portion of the flexible projection so as to establish the detachable mechanical connection between the detachable prosthesis support and the healing abutment (Figs. 30/32/34/35 showing the second clipping component of the healing element being a hexagonal recess with clipping recesses on the walls of the hexagon that correspond to a first clipping component of the prosthesis support with elements 238/362 ) but fails to explicitly disclose where the projections are fins.
However, Richard further discloses an intermediate attachment part for use in clipping connections of implant associated attachments (title and abstract) where the intermediate attachment part has a first clipping component including a plurality of flexible fins (Fig. 1/2 elements 9a-c, column 6 lines 51-55 disclosing elements 9a-c as elastic fins) which are received in a second clipping component to establish a mechanical connection between two implant parts (Fig. 3 elements 9a-c received in groove 17, Fig. 15).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the first clipping component having a fins as taught by Richard into the flexible projections as taught by Wade for the purpose of providing for easier snap-fitting of implant parts as taught by Richard (column 2 lines 38-40).
Regarding claim 35, Wade/Richard as combined above Wade further discloses wherein the detachable prosthesis support further comprises a locking element adapted to lock the fins in a constrained position of the fins establishing the detachable connection between the detachable prosthesis support and the healing element (Fig. 35 element 264 which would lock the fins by locking the prosthesis support and healing abutment together as elements 362 would be physically locked in place).
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Wade et al. (US 5,904,483 A) in view of Richard et al. (US 2019/0365510 A1) and further in view of Daftary et al. (US 5,810,592).
Regarding claims 4 and 5, Wade/Richard further discloses wherein portions of the emergent surface of the healing element are respectively adapted to be positioned oriented toward a lingual side and toward a vestibular side of a mouth (Fig. 6-8 showing portions of the emergent surface adapted to orient toward the lingual and vestibular sides of the mouth) and where the healing element has a transverse section of the lateral surface or projection on a parallel plane of the emergent surface having a rounded shape (Fig. 19c showing the healing element in transverse has rounded sides that can be oriented towards any inner or outer side of the jaw),
but fails to explicitly disclose a lingual side and vestibular side having different shapes such as substantially trapezoidal shape or a substantially polygonal or triangular or square or rectangular or ovoid shape, or a substantially polygonal shape with rounded corners; and/or a part intended to be positioned oriented toward an outside a vestibular side of a mouth that is bigger than a part intended to be positioned oriented toward an inside a lingual side of the mouth.
However, Daftary discloses an assembly for dental restoration (title and abstract) comprising; a healing element (Fig. 2 element 12) able to be connected to a dental implant (Fig. 3 element 9), the healing element including a lateral surface intended to be integrated within a gum for a purpose of shaping the gum as the gum heals (Fig. 3 cross section of element 12 showing a lateral/side surface that can shape the gum element 5/7), and an end surface that forms, together with part of the lateral surface, an emergent surface that is intended to remain outside the gum (Fig. 2/3 outside of element 12 and element 36 forming the emergent surface to remain outside the gum) and is asymmetrical with respect to at least one perpendicular median plane (fig. 2/5/6 showing the element having asymmetry, such as any plane except 7-7) , and a detachable prosthesis support (Fig. 2 element 16) having a receiving part for a crown prosthesis (Fig. 2 element 156) and a linking part capable of engaging with and fixing to a matching linking zone that is defined in a through-opening that is provided in the healing element (Fig. 2/3 element 58 axially links to the through hole 38 and the prosthesis support 16 is directly fixed to the healing element), wherein the detachable support is capable of being produced using a machining and/or molding and/or material addition process, and wherein parts of the emergent surface of the healing element that are respectively intended to be positioned oriented toward a lingual side and toward a vestibular side of a mouth have a different shape (Fig. 5 element 44 and 42 being different sides with different shapes and being intended to point as desired by the dentist such as lingually and vestibular) and wherein a transverse section of the lateral surface of the healing element or a projection on a parallel plane of the emergent surface of the healing element have: a substantially trapezoidal shape or a substantially polygonal or triangular or square or rectangular or ovoid shape, or a substantially polygonal shape with rounded corners; and/or a part intended to be positioned oriented toward an outside a vestibular side of a mouth that is bigger than a part intended to be positioned oriented toward an inside a lingual side of the mouth (Fig. 5 element 12 meetings all the above options).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the lingual side and vestibular side having different shapes such as substantially trapezoidal shape or a substantially polygonal or triangular or square or rectangular or ovoid shape, or a substantially polygonal shape with rounded corners; and/or a part intended to be positioned oriented toward an outside a vestibular side of a mouth that is bigger than a part intended to be positioned oriented toward an inside a lingual side of the mouth as taught by Daftary into the healing element as taught by Wade/Richard for the purpose of providing a contour more nearly approximating that of a natural tooth and an interface that enhances resistance to bacterial infection as taught by Daftary as a desirable improvement to anatomical dental restoration systems (column 2 lines 48-52).
Claims 12, 17, 31, and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Wade et al. (US 5,904,483 A) in view of Richard et al. (US 2019/0365510 A1) and further in view of Rogers et al. (US 2001/0000748 A1).
Regarding claims 12, 17, 31, and 32, Wade/Richard discloses the claimed invention substantially as claimed, including regarding claim 12 wherein the internal face is defined aroudn the linking part (see image above in claim 10), and regarding claim 17 the receiving part of the detachable prosthesis support comprises a second component in which a through hole is defined that is partly tapered (Fig. 35 upper wider diameter portion of 256 compared to 278, the upper opening of 256 being partly tapering) and the assembly comprises a locking element wherein a first end of the locking element includes a threaded part (Fig. 35 element 264 threaded at 270), but is silent regarding the internal face comprising a cavity shaped to match all of the emergent surface as recited in claims 12, 31, and 32, nor where the threaded part is able to engage with a wall of the through hole as recited in claim 17.
However, in the same field of endeavor, Rogers et al. teaches an implant mount with an internal face that comprises a cavity that is shaped to match all of an emergent surface of an gingival healing surface of an implant element (fig. 13b element 187 matches and covers all of element 128 in figure 12) and that has a locking element (Figs. 13a-b, and14), wherein a first end of the locking element includes a threaded part (Fig. 14 element 192) that is able to engage with a through-hole of a receiving part of a detachable support, with a wall of the through-hole defined on a second component of the receiving part that is fully or partly tapped (Fig. 13a/b element 178) and a second end of the locking element that is able to engage with the linking part of the detachable support, with a first clipping component (Fig. 13a/b elements 176 can clip into a clipping component and be held secure through the treaded portion of the lock)that allows for easy tightening and loosening (paragraph [0068] lines 1-8).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Wade/Richard to incorporate the teachings of Rogers et al. to provide an internal face comprising a cavity shaped to match all of the emergent surface as recited in claim 12, and where the first end of the locking element has a threaded part is able to engage with a wall of the through hole for the purpose of an attachment between an implant system parts that is easy to tighten and loosen to ensure engagement that would retain the screw when loosened as taught by Rogers (paragraphs [0064] and [0068] lines 1-8).
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Wade et al. (US 5,904,483 A) in view of Richard et al. (US 2019/0365510 A1) as applied to claim 1 above, and further in view of Powell et al. (U.S. Patent No. 7,661,956 B2).
Regarding claim 26, Wade/Richard discloses the claimed invention substantially as claimed in claim 1, but fails to further disclose a scanner for taking a digital impression, and at least one computer that uses images originating from taking a digital impression for automatic recognition, on a basis of an anatomical shape of the healing assembly.
In the same field of endeavor, Powell et al. teaches a scanner (Fig. 8 element 703) for taking digital impressions and at least one computer that uses images originating from taking a digital impression for automatic recognition, on a basis of an anatomical shape of the healing element (column 3 lines 25-57).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Wade/Richard to incorporate the teachings of Powell to provide a scanner for taking digital impressions and at least one computer that uses images originating from taking a digital impression for automatic recognition, on the basis of an anatomical shape of the healing assembly for the purpose of creating individual, virtual three-dimensional tooth models from virtually any source of three- dimensional information of a patient’s dentition (column 3, lines 25-57).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW P SAUNDERS whose telephone number is (571)270-3250. The examiner can normally be reached M-F 9am-5pm.
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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.
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/M.P.S/Examiner, Art Unit 3772 01/22/2026
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772