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.
Claims 1-10, 13-14, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Fassberg et al. (US 20160022388, Hereinafter Fassberg) in view of Wolf et al. (US 20090181340, hereinafter Wolf) and Huwais (US 20150342709).
Regarding Claim 1, Fassberg discloses a drill kit (Figures 1a-6) for installing a dental implant (Figures 1a-6) comprising: at least one shaft (4 and 8; figure 5; paragraph [0026]) of a first connection type (Figure 5), wherein each shaft of the at least one shaft of the first connection type has a proximal end (Figure 5) configured to connect with an actuator instrument (14; figure 4a) and a distal end (42; figure 5) configured to connect to the first connection geometry of each of the first plurality of preparation drill bits and to the first connection geometry of each of the first plurality of another type of drill bits (Figure 4b) and to the first connection geometry of each of the first plurality of another type of drill bits (Figure 4b).
Further Fassberg does disclose a first plurality of preparation drill bits (5; figures 1b and 5; paragraph [0037] discloses preparation using drill bits and paragraph 0027 discloses dental drills of various diameters being used with the disclosed kit) each having a first connection geometry (Figure 4b) and each having a different size (paragraph [0005] and [0027]) however, Fassberg is silent regarding the drill and drill bits being part of the kit and the specific types of drill bits provided and instead, focuses on providing various tools/items (paragraph [0037]).
Wolf discloses a drill kit (Claim 11) for installing a dental implant (abstract) comprising: at least one shaft (42; figure 5; paragraph [0018]) of a first connection type (Figure 5; paragraph [0018]), a first plurality of preparation drill bits (paragraph [0017]; claims 23 and 28) each having a first connection geometry (Figure 5; paragraph [0018]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have specified the preparation drill bits of Fassberg are part of the kit as taught by Wolf to ensure the drill bits are manufactured/shipped to be used with the system without substitution for another drill bit that might not fit the connection to the shaft.
Huwais discloses a drill kit (Figures 1B and 3-5; Paragraphs [0033], [0034], and [0054]) for installing a dental implant (20, 22, 24; Paragraphs [0031], [0054], [0055], and [0064]) comprising: at least one shaft (30 and 34 of each of 28 of the first plurality as shown in Figure 12) and a first plurality of compression drill bits (Figure 14; Paragraph [0043]), allowing for little to no cutting by the osteotome through radial compression to provide a region of densified bone (paragraphs [0070] and [0083]) and enhances the natural healing properties of the body to accelerate recovery and improve osseointegration (paragraph [0083]), wherein each compression drill bit of the first plurality of compression drill bits comprises: a base portion (Figure 5); a compression section (portion shown comprising 58s in Figure 5; Figures 3 & 5; Paragraph [0040]); and a cutting tip (portion shown comprising 40/44 in Figure 5; Figure 4-5; Paragraph [0036]); wherein the cutting tip is capable of cutting or removing bone fragments from a bone of a patient when each of the compression drill bits is rotated (Paragraph [0040]); and wherein the compression section is capable of forcing at least some of the bone fragments cut or removed by the cutting tip in a radial direction (Paragraph [0043]), thereby compressing the bone fragments in a side wall of the bone (Paragraph [0043]). Also note that Huwais teaches the use of preparation drills (paragraph 0055: pilot drill and/or smaller rotary expander devices that prepare the drill and serve as preparation drills) and compression drills (paragraph 0055) in the same method.
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the drill bit of Fassberg to provide some of the drill bits in the form of compression drill bits as taught by Huwais as they are well known and conventionally used in dental and surgical implant procedures and provide the benefits of achieving densified bone regions which improve osseointegration and accelerate recovery (paragraph [0083]).
Regarding Claim 2, Fassberg as modified by Wolf and Huwais discloses the device of Claim 1. Fassberg discloses the different size of each of the first plurality of preparation drill bits is, at least in part, a different diameter (shown in Figure 4a; Paragraph [0032]).
Regarding Claim 3, Fassberg as modified by Wolf and Huwais discloses the device of Claim 1. Fassberg discloses the at least one shaft of the first connection type comprises two shafts (Figures 4a and 4b; paragraph [0026] discloses 4a and 4b are different drill shafts).
Regarding Claim 4, Fassberg as modified by Wolf and Huwais discloses the device of Claim 1. Fassberg discloses the dental implant (11; Figure 4d) having the first connection geometry (Figure 4a-4d), wherein each shaft of the at least one shaft of the first connection type is configured to connect to the first connection geometry of the dental implant (paragraph [0034]).
Regarding Claim 5, Fassberg as modified by Wolf and Huwais discloses the device of Claim 1. Fassberg discloses each of the first plurality of preparation drill bits are configured to drill bone (12; figure 4a) when actuated by the actuator instrument (14; Figure 4a) via a shaft of the at least one shaft of the first connection type (figure 4a).
Regarding Claim 6, Fassberg as modified by Wolf and Huwais discloses the device of Claim 1. Fassberg does not disclose each of the first plurality of compression drill bits are configured to compress bone fragments into a side wall of a bone cavity when actuated by an actuator via a shaft of the at least one shaft of the first connection type.
Huwais discloses each of the first plurality of compression drill bits are capable of compressing bone fragments into a side wall of a bone cavity (Paragraph [0040]) when actuated by an actuator (“drill motor” of Paragraph [0033]) via a shaft of the at least one shaft of the first connection type (Figures 1B and 14; Paragraph [0033]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the drill bit of Fassberg to specify the drill bit is a compression drill bit as taught by Huwais in order reduce the bone fragmenting.
Regarding Claim 7, Fassberg as modified by Wolf and Huwais discloses the device of Claim 1. Fassberg discloses at least one shaft of a second connection type (4 can be either 4a or 4b, therefore it is 4a; paragraph [0026]); a first preparation drill bit (5; Figure 4a) each having a second connection geometry (paragraph [0026]) and each having a different size (paragraph [0026]); and a second drill bit (4a; Figure 4a) each having the second connection geometry (paragraph [0026]) and each having a different size (Figure 4b); wherein each shaft of the at least one shaft of the second connection type has a proximal end (Figure 5) configured to connect with the actuator instrument and a distal end (figure 5) configured to connect to the second connection geometry of each of the second plurality of preparation drill bits (paragraph [0026]) and to the second connection geometry of each of the second plurality of compression drill bits (paragraph [0026]); and wherein the second connection geometry is different than the first connection geometry (paragraph [0026]).
Fassberg does not disclose a second plurality of preparation drill bits and a second plurality of compression drill bits.
Huwais discloses a second plurality of preparation drill bits (Figure 14) each having a second connection geometry (Figure 14) and each having a different size (Figure 14); and a second plurality of compression drill bits (Figure 14; Paragraph [0043]) each having the second connection geometry (Figure 14).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the preparation drill bit and additional drill bit as taught by Fassberg to be a plurality of preparation drill bits and plurality of compression drill bits as taught by Huwais in order to have multiple drill bits with different heights to accommodate the specific patients jaw size.
Regarding Claim 8, Fassberg as modified by Wolf and Huwais discloses the device as claimed in Claim 7. Fassberg discloses the first connection geometry is a male connection geometry (Figure [0032]).
Regarding Claim 9, Fassberg as modified by Wolf and Huwais discloses the device as claimed in Claim 8. Fassberg discloses the second connection geometry is a female connection geometry (paragraph [0032]).
Regarding Claim 10, Fassberg as modified by Wolf and Huwais discloses the device as claimed in Claim 7. Fassberg discloses each shaft of the at least one shaft of the first connection type can operatively connect to the second connection geometry (paragraph [0026]), and wherein the at least one shaft of the second connection type can operatively connect to the first connection geometry (paragraph [0026]).
Regarding Claim 10, Fassberg as modified by Wolf and Huwais discloses the device as claimed in Claim 7. Fassberg discloses the distal end of each shaft of the at least one shaft of the first connection type is configured to connect to the first connection geometry of each of the first plurality of preparation drill bits and to the first connection geometry of each of the first plurality of compression drill bits through a friction fit (male-female couplings friction fit into one another; Paragraph [0026]).
Regarding Claim 14, Fassberg as modified by Wolf and Huwais discloses the device as claimed in Claim 1. Fassberg as modified by Huwais discloses wherein each compression drill bit of the first plurality of compression drill bits comprises: a base portion (Figure 5); a compression section (portion shown comprising 58s in Figure 5; Figures 3 & 5; Paragraph [0040]); and a cutting tip (portion shown comprising 40/44 in Figure 5; Figure 4-5; Paragraph [0036]); wherein the cutting tip is capable of cutting or removing bone fragments from a bone of a patient when each of the compression drill bits is rotated (Paragraph [0040]); and wherein the compression section is capable of forcing at least some of the bone fragments cut or removed by the cutting tip in a radial direction (Paragraph [0043]), thereby compressing the bone fragments in a side wall of the bone (Paragraph [0043]). As explained in the rejection of claim 1 above, Huwais was relied upon to modify the drill bit of Fassberg to specify some of the drill bits are compression drill bits as taught by Huwais in order reduce the bone fragmenting.
Regarding Claim 21, Fassberg as modified by Wolf and Huwais discloses the device as claimed in Claim 1. Fassberg discloses the at least one shaft of the first connection type is configured to repeatedly connect and disconnect from the first plurality of preparation drill bits and the from the first plurality of compression drill bits (figures 4a-4c).
Regarding Claim 22, Fassberg as modified by Wolf and Huwais discloses the device as claimed in Claim 3. Fassberg discloses each shaft of the at least one shaft of the first connection type having a different length (figure 1a) than each other shaft of the at least one shaft of the first connection type (Figure 1a and 4a-4b).
Regarding Claim 23, Fassberg as modified by Wolf and Huwais discloses the device as claimed in Claim 7. Fassberg discloses wherein the at least one shaft of the second connection type comprises two shafts (figure 4c).
Regarding Claim 24, Fassberg as modified by Wolf and Huwais discloses the device as claimed in Claim 23. Fassberg discloses where each shaft of the at least one shaft of the second connection type has a different length than each other shaft of the at least one shaft of the second connection type (Figure 4c; paragraph [0032]).
Claim 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Fassberg et al. (US 20160022388, Hereinafter Fassberg) in view of Wolf et al. (US 20090181340, hereinafter Wolf) and Huwais (US 20150342709) further in view of Zachar et al. (US 20180256430, hereinafter, Zachar).
Regarding Claim 11, Fassberg as modified by Wolf and Huwais discloses the device as claimed in claim 1. Fassberg does not disclose a counter configured to display a number, where the number displayed by the counter is adjustable by an operator of the drill kit.
Zachar teaches a dental kit (abstract; figure 2a; Paragraph [0048]) for dental devices (Paragraph [0129]) with an element (Figure 2a) of a first type (Figure 2a; Paragraph [0129]) and a counter (149, 147a and 147b; Paragraph [0129]) capable of displaying a number (Paragraph [0138]), where the number displayed by the counter is adjustable by an operator of the kit (Paragraph [0138] teaches it is manually rotated by the user to change it).
It would have been obvious to one of ordinary skill in the art to have modified Fassberg’s dental drill with the addition of a counter configured to display a number, where the number displayed by the counter is adjustable by an operator as taught by Zachar in order to determine the amount of times an element has been used in order to ensure it has not been worn down.
Regarding Claim 12, Fassberg as modified by Wolf and Huwais discloses the device as claimed in claim 1. Fassberg does not disclose a plurality of counters configured to display a number, wherein each counter of the plurality of counters is associated with a respective drill bit of the first plurality of preparation drill bits and/or the first plurality of compression drill bits, and wherein the number displayed by each counter are adjustable by an operator of the drill kit.
Zachar discloses a plurality of counters (147a and 147b; figure 2a; paragraph [0138]) configured to display a number (Figure 2a; paragraph [0129],[0138], [0142]), wherein each counter of the plurality of counters is associated with a respective element of the first plurality of elements (paragraphs [0139] and [0142]), and wherein the number displayed by each counter are adjustable by an operator of the kit (Paragraph [0138] teaches it is manually rotated by the user to change it).
It would have been obvious to one of ordinary skill in the art to have modified Fassberg’s dental drill with the addition of a plurality of counters configured to display a number, wherein each counter of the plurality of counters is associated with a respective element of the first plurality of elements, and wherein the number displayed by each counter are adjustable by an operator of the kit as taught by Zachar in order to determine the amount of times an element has been used in order to ensure it has not been worn down.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable Fassberg et al. (US 20160022388, Hereinafter Fassberg) in view of Wolf et al. (US 20090181340, hereinafter Wolf) and Huwais (US 20150342709) further in view of Scortecci et al. (US 20090305189, Hereinafter Scortecci).
Regarding Claim 25, Fassberg as modified by Wolf and Huwais discloses the device as claimed in Claim 23. Fassberg discloses wherein the at least one of the first connection type, the first plurality of preparation drill bits and the first plurality of compression drill bits are capable of such that a user can disconnect one of the first plurality of preparation drill bits (Paragraph [0032]) from the at least one shaft of the first connection type and connect the dental implant to the at least one shaft of the first connection type (Paragraph [0034]).
Fassberg does not disclose connect the dental implant to the at least one shaft of the first connection type without touching any of the one of the first plurality of preparation drill bits, the one of the first plurality of compression drill bits and the dental implant with a hand of the user.
Scortecci discloses at least one of the first connection type (Figure 5), the first drill bit (Figure 5) are capable of such that a user can disconnect the drill bit (Paragraph [0082]) from the at least one shaft of the first connection type and connect the dental implant to the at least one shaft of the first connection type (Paragraph [0082]) without touching the drill bit (paragraph [0082]) and the dental implant with a hand of the user (paragraph [0082]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have specified that the coupling of Fassberg is not contacted by the operator as taught by Scortecci in order to ensure the shaft remains sterile.
Response to Arguments
Applicant’s arguments, see pages 1-3, filed 09/05/25, with respect to the rejection(s) of claim(s) 1-10,13-14 and 21-24 under Fassberg in view of Huwais have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Fassberg in view of Carmichael and Huwais.
Conclusion
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/SYDNEY J PULVIDENTE/Examiner, Art Unit 3772
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772