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 .
Response to Arguments
Applicant’s arguments and remarks, see (Pgs. 2 – 3), filed on (6 – 5 – 2025), with respect to the amended feature(s) of claim(s) 1 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 Therefore, the rejection has been withdrawn.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 Jahns et al. (US 20120175801 A1) in view of Fujisaki et al. (US 20170143458 A1) and in further view of Jung et al. (US 20160228223 A1)
Examiner’s Note,
It should be noted that claim 5 recites the terminology dentine region and incisal region. For the purposes of examination, the dentine region is understood to be a middle layer of a tooth, located between the enamel (exterior surface) and the pulp chamber (interior channel / blood vessels), while the incisal region is understood to be a biting edge of the tooth (found on the exterior surface / enamel layer).
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.
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.
A.) Claim(s) 1 – 5, 14 & 21 – 22, is/are rejected under 35 U.S.C. 103 as being unpatentable over Jahns et al. (US 20120175801 A1, hereinafter Jahns) in view of Fujisaki et al. (US 20170143458 A1, hereinafter Fujisaki) and in further view of Jung et al. (US 20160228223 A1, hereinafter Jung) Regarding claim 1,
A method for the manufacture of a multilayer blank comprising the steps of:
introducing layers of different ceramic compositions layer-by-layer into a mold;
compressing the layers of different ceramic compositions; and
sintering the compressed layers of different ceramic compositions;
wherein the layers include a topmost layer and
a lowermost layer,
each having at least one coloring oxide,
wherein the at least one coloring oxide includes a first coloring oxide being selected from the group consisting of Co, Mn, Ni, and Cr in a concentration range from 3 – 8 ppm;
wherein the lowermost layer includes the first coloring oxide in a lower proportion than that of the topmost layer having the first coloring oxide;
wherein the at least one coloring oxide includes a second coloring oxide being selected from the group consisting of Pr, Er, Fe, Ti, V, Bi, Cu, and Tb in a concentration range from 6,500 – 7000 ppm;
wherein the lowermost layer includes the second coloring oxide in a greater proportion than that of the topmost layer; and
wherein the first coloring oxide and the second coloring oxide are present in the lowermost layer and the topmost layer.
Jahns teaches the following:
([0074]) teaches as shown in FIG. 1, in the first step 10A of the method 10, a first slurry 62 can be positioned (e.g., cast) in the mold 52. ([0075]) notes that the slurries of the present disclosure can sometimes be referred to as “glass and/or glass ceramic” slurries. With ([0119]) adding that the final dental appliance 90 and the method 10 used to make the dental appliance 90 are described as including and forming a first layer 65, a second layer 75 and a third layer 85. However, in some embodiments, the final dental appliance 90 can include many layers. As such, introducing layers of different ceramic compositions layer-by-layer into a mold is understood to be disclosed.
([0076]) teaches a first solid structure 54 can be pressed into the first slurry 62 sitting in mold 52, forming the first layer 65 of the dental appliance. Highlighting, as shown in (Fig. 1) pressing transpires between each additional layer of ceramic slurry introduced into the mold. As such, compressing the layers ceramic compositions in the mold is understood to be disclosed.
([0091] – [0092]) teaches that after removing the article from the mold a firing or sintering step may transpire. As such, a sintering of the compressed ceramic compositions is understood to be disclose.
As illustrated in (Fig. 1), the first layer 65 is found to surround and be on top of the second layer 75. As such, the bottom layer 65 is found capable to act as applicant’s topmost layer. Additionally, as illustrated in (Fig. 1), the second layer 75 is found to surround and be on top of the third layer 85. As such, the second layer 75 is found capable to act as applicant’s topmost layer.
As illustrated in (Fig. 1), the second layer 75 is found to be surrounded and below the first layer 65. As such, the second layer 75 is found to act as applicant’s lowermost layer. Additionally, as illustrated in (Fig. 1), the third layer 85 is found to be on the bottom and surround by the second layer 75. As such, the third layer 85 is found to act as applicant’s lowermost layer. ([0005]) teaches that positioning a slurry in the mold and forming a first layer of the layered dental appliance.
([0167]) teaches that a mixture or slurry of the present disclosure can also comprise further components or additives, such as colorant(s) and/or pigments. As such, the slurry is understood to comprise coloring agents / pigments, and the slurry is understood to form the layers of the dental appliance and thus layers formed from the slurry are understood to comprise at least one coloring agent / pigment. ([0167]) teaches that suitable colorants can include one or more of the following elements or ions thereof: Fe, Mn, V, Cr, Zn, Sn and CoWith ([0171]) teaches that in some embodiments, additives can be included in amounts ranging from about 0.01 to about 20 wt.-%. ([0172]) adding that as long as the additive does not influence the sol-gel reaction, it can be employed in any desired amount with respect to the whole composition or mixture. ([0023]) teaches that the dental restoration can comprise of the following materials titanium dioxide (TiO2), amongst others. As such, coloring oxide including those selected from the group consisting of Pr, Er, Fe, Ti, V, Bi, Cu, and Tb.
Regarding Claim 1, Jahns is silent regarding the at least one coloring oxide includes a first coloring oxide being selected from the group consisting of Co, Mn, Ni, and Cr in a concentration range from 3 – 8 ppm. In analogous art for a zirconia sintered body is provided having a color tone equivalent to the color tone guides of various natural teeth, (Abstract), Fujisaki suggest details regarding utilizing a coloring oxide from the group consisting of Co, Mn, Ni, and Cr in a concentration range from 3 – 8 ppm, and in this regard, Fujisaki teaches the following:
([0073]) teaches that the sintered body contains cobalt oxide, the content thereof is preferably less than 0.01 wt. %, more preferably less than 0.008 wt. %. ([0073]) going on to state that the sintered body preferably contains cobalt oxide in an amount of greater than 0 wt. %, more preferably not less than 0.0003 wt. %, and even more preferably not less than 0.0004 wt. %. The content of cobalt oxide in the sintered body of the present invention is, for example, preferably not less than 0 wt. % and not greater than 0.006 wt. %. As such a range of not less than 0.0004 wt. % to not greater than 0.006 wt. %, i.e. 0.0004 wt. % to 0.006 wt. % for cobalt oxide (CoO) has been established. Where a range of 0.0004 wt. % to 0.006 wt. % is equivalent to 4 ppm to 60 ppm which is found to overlap with applicant’s range of 3 – 8 ppm.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the production method and apparatus for manufacturing a multilayer dental ceramic of Jahns. By modifying the composition to include a colorant, in particular cobalt oxide (CoO) in a range of 4 ppm to 60 ppm, as taught by Fujisaki. Highlighting, one would be motivated to include cobalt oxide (CoO) in a range of 4 ppm to 60 ppm as it provides for tailoring the color tinge provided by the colorant (CoO), ([0073] & [0074]). Accordingly, the case law for result effective variables may be recited regarding the impact of colorants, i.e., manganese oxide and ferric oxide have on the color/hue and the shade/tint, respectively, of the ceramic article fabricated. Where, it is well settled that determination of optimum values of cause effective variables such as these process parameters is within the skill of one practicing in the art. In re Boesch, 205 USPQ 215 (CCPA 1980).
Regarding Claim 1, Jahns as modified by Fujisaki also teaches on (Jahns, [0078]) that the first solid structure 54 can include or function as a stamp, and in some embodiments, the first solid structure 54 can include a dental core that forms a portion of the resulting dental appliance. Said another way, a “material” can be positioned in the first slurry 62. (Jahns, [0027]) adding that a dental core can comprise titanium dioxide and/or cobalt. Jahns as modified by Fujisaki is silent in details regarding the type of colorants utilized and the optimization of colorants for forming a color gradient. In analogous art to produce a multilayer ceramic blank, that is utilized in the dental industry, Jung suggests details regarding the type of colorants utilized and the optimization of colorants for forming a color gradient and in this regard, Jung teaches the following:
([0033]) teaches that the second chroma components may include at least one of manganese oxide, manganese acetate, manganese chloride, neodymium oxide, copper, or cobalt. Noting, that these pigments are equivalent to applicants first coloring oxide, manganese. ([0034]) teaches that the intermediate layers (B in FIGS. 1a and 1b , areas 2-4 in FIG. 2a ) can have different but lesser amounts of the second chroma component. As such, the intermediate layer B is found capable of applicant’s lowermost layer with a first coloring oxide with a lower proportion of coloring oxides than the topmost layer. Noting, that intermediate layer B is found above layer C, like layer 2 of Jahns.([0034]) teaches that a lowermost layer (C in FIGS. 1a and 1b , area 1 in FIG. 2a ) can have the greatest amount of the second chroma component, such as manganese or neodymium. As such, the lowermost layer C is found capable of applicant’s topmost layer with a first coloring oxide in a higher proportion than the lowermost layer. Noting, that lowermost layer C is an exterior layer and found below layer B, like layer 1 of Jahns.
, k.) & g.) ([0032]) teaches the first chroma components may include at least one of ferric, chrome, erbium or no color at all. ([0043]) teaches that the ferric oxide was used. Noting, that these pigments are equivalent to applicants second coloring oxide, Fe. ([0032]) goes on to state that these components may be added to make the shaded blank. When no chroma components are added, the blank can be a bleach shade, i.e., non-shaded zirconia. As such, the use of either shaded or non-shaded zirconia is understood to be disclosed. Furthermore, the use of chroma components is understood to impact the color obtained. ([0032]) adding that the first chroma components may further extend into the other (or the second) layer, area, portion or half of the blank (C in FIGS. 1a and 1b , areas 1 – 4 in FIG. 2a ). Highlighting, that for the first chroma component to extended into the other half of the blank (area C) this includes intermediate area B as well. ([0041]) teaches various compositions for the various areas. As detailed, areas 1 (Layer C) and area 2 (Layer B) are found to both have both slurry components Manganese slurry (second chroma) and non-shaded zirconia (first chroma). Recalling, that the non-shaded zirconia may be replaced with a shaded zirconia comprising a ferric chroma components. As such, the intermediate layers B acting as applicants lowermost layer includes the second coloring oxide in a greater proportion than that of the lowermost layer C acting as applicant’s topmost layer. Highlighting, that the first coloring oxide Mn and the second coloring oxide Fe are present in both the lowermost layer and the topmost layers.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the production method and apparatus for manufacturing a multilayer dental ceramic of Jahns as modified by Fujisaki. By further modifying and optimizing the amount and type of colorants that are found through the ceramic article fabricated, in particular the amounts of manganese oxide and ferric components, as taught by Jung. Highlighting, implementation of optimized amounts of colorants, including manganese oxide and ferric components provides a means for tailoring the color/hue and the shade/tint, respectively, of the ceramic article fabricated, ([0032] – [0033]). Accordingly, the case law for result effective variables may be recited regarding the impact of colorants, i.e., manganese oxide and ferric oxide have on the color/hue and the shade/tint, respectively, of the ceramic article fabricated. Where, it is well settled that determination of optimum values of cause effective variables such as these process parameters is within the skill of one practicing in the art. In re Boesch, 205 USPQ 215 (CCPA 1980). Furthermore, the case law for known material may be recited. Where, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination, see Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). Finally, simple substitution of one known element for another to obtain predictable results and/or the combination of prior art elements according to known methods to yield predictable results allows for the recitation of KSR case law. Where, "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." KSR int'l Co. v. Teleflex Inc., 127 S. Ct. 1727, 82 USPQ2d 1385 (2007).
Regarding claim 2 as applied to claim 1,
Wherein after introduction of a layer into the mold a surface of the layer is smoothed and
a further layer is introduced, and the procedure is continued according to the number of layers.
Jahns teaches the following:
([0074]) teaches as shown in FIG. 1, in the first step 10A of the method 10, a first slurry 62 can be positioned (e.g., cast) in the mold 52. In addition, the first solid structure 54 can begin being moved toward or into the interior of the mold 52. The first solid structure 54 can include a positive shape or surface corresponding to a first layer of the desired layered dental appliance. Where the pressing / compression of slurry 62 via solid structure 54 is understood to be a smoothing / leveling of the layer introduced into the mold 52. Accordingly, it is understood that shape of the solid structure 54 will be what determines the layer profile after pressing/compression of the slurry 62. Highlighting, that while no discrepancies are perceived to exist regarding the “smoothing” / leveling process. The case law for the change of shape may be recited regarding the shape of the solid structure 54 utilized. Where, the court held that the configuration of the claimed container was found obvious absent persuasive evidence that the particular configuration of the claimed container was significant, see In re Dailey, 357 F.2d 669,149 USPQ47 (CCPA 1966).
([0063]) teaches as illustrated in (Fig. 1), steps 10A-10C are used to form a first layer 65 of a three-layer dental appliance, and steps 10D-10F are used to form a second layer 75 of the dental appliance. As noted above, ([0119]) adding that the final dental appliance 90 and the method 10 used to make the dental appliance 90 are described as including and forming a first layer 65, a second layer 75 and a third layer 85. However, in some embodiments, the final dental appliance 90 can include many layers. As such, a further number of layers is understood to be provided to the mold and the procedure is continued according to the number of layers provided.
Regarding claim 3 as applied to claim 1,
Wherein an oxide being selected from the group of the first coloring oxide consisting of Co, Mn and mixtures thereof is used as the first coloring oxide
Jahns teaches the following:
([0167]) teaches that Suitable colorants can include one or more of the following elements or ions thereof: Fe, Mn, V, Cr, Zn, Sn and Co.
Regarding Claim 3, Jahns as modified by Fujisaki is silent regarding the colorant being an oxide consisting of Co, Mn. In analogous as applied above, Jung suggests details regarding the colorants, and in this regard, Jung teaches the following:
([0033]) teaches a first chroma components may include at least one of manganese oxide, manganese acetate, manganese chloride, neodymium oxide, copper, or cobalt. These components create a slightly gray, bluish, grayish blue, grayish violet effect thereby mimicking the natural appearance of a tooth. Highlighting, the inclusion of the first chroma component is understood to impact the color/hue of the blank fabricated. As such, the use of a first coloring oxide consisting of Co, Mn and mixtures thereof is understood to be disclosed.
The same rejection rationale, case law(s) and analysis that was used previously for claim 1, can be applied here and should be referred to for this claim as well.
Regarding claim 4 as applied to claim 1,
Wherein at least one of the different ceramic compositions includes at least one metal oxide powder being selected from the group consisting of Al2O3, TiO2, and zirconium oxide mixed crystal
Z
r
1
-
x
M
e
x
O
2
4
π
2
x
, where Me is a metal that in oxide form is present as a bivalent, trivalent or tetravalent cation (n = 2, 3, 4 and 0 <x< 1) and the tetragonal and/or cubic phase of the zirconium oxide.
Jung teaches the following:
([0023]) teaches that the dental restoration can comprise or consist essentially of a glass; glass ceramic; polycrystalline ceramic material, for example, comprising alumina (e.g., Al2O3), zirconia (ZrO2), partly or fully stabilized zirconia (e.g., Yttrium-stabilized zirconia), titanium dioxide (TiO2), high-strength oxides of the elements of the main groups II, III and IV and the subgroups III and IV, and their mixtures. Accordingly, the use of Al2O3, TiO2, and zirconium oxide mixed crystal i.e., partly or fully stabilized zirconia is understood to be disclosed as a component of at least one metal oxide powders.
Regarding claim 5 as applied to claim 1,
Wherein the lowermost layer is used for a restoration to be manufactured from the blank for the dentine region, and the topmost layer for the incisal region.
Jahns teaches the following:
Recalling that for the purposes of examination, the dentine region is understood to be a middle layer of a tooth, located between the enamel (exterior surface) and the pulp chamber (interior channel / blood vessels), while the incisal region is understood to be a biting edge of the tooth (found on the exterior surface / enamel layer). As such, as illustrated in (Fig. 1) the final product comprises a middle layer comprising the second layer 75 which is found between the enamel (exterior surface) and the pulp chamber (interior channel / blood vessels). As such, the second layer 75 is found to act as a dentine region. As such, as illustrated in (Fig. 1) the final product comprises a first layer found to make up the exterior and biting portion of the tooth. As such, the first layer 65 is found to act as an incisal region.
Regarding Claim 5, Jahns as modified by Fujisaki is silent on what regions of the blank form the dentine region and the incisal region. In analogous art as applied above in claim 1, Jung suggests details regarding what regions of the blank form the dentine region and the incisal region, and in this regard, Jung teaches the following:
As illustrated in (Fig. 2a), area 4 is found to be a middle layer found between the enamel (exterior surface) and the pulp chamber (interior channel / blood vessels) and acts as a dentine region. As illustrated in (Fig. 2a), area 2 found to make up the exterior and biting portion of the tooth and acts as an incisal region. Adding, that in (Fig. 1a-b) the dentine and incisal regions are all found within layer C. With ([0031]) teaches that the restoration(s) can be milled from the green bodies 1 and 2. In FIGS. 1a, 1b and 2a , an outline of potential restorations that can be milled from the blanks is shown superimposed on the blanks so that portions of the blank (e.g., layers, areas, portions or halves) corresponding to portions of the restoration (e.g., incisal and cervical) can be identified. As such, the superimposing of the restoration onto the blank is understood to allow for portions of the restoration to correspond to desired portions of the blank, and thus can be tailored to the type of blank / restoration utilized and fabricated. Accordingly, the various corresponding portions of the restoration i.e., dentine region and incisal region are understood to be mappable / positionable to a desired areas / portions of the blank. Recalling, ([0034] & [0041]) teaches that the various areas of the blank are understood have various degrees of chroma / color. Thus, depending on the position of the corresponding portions of the restoration i.e., dentine region and incisal region, the color of the corresponding portions of the restoration will be impacted.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the production method and apparatus for manufacturing a multilayer dental ceramic of Jahns as modified by Fujisaki. By further modifying and optimizing the position of the corresponding portions of the restoration mapped onto the blank to be milled, as taught by Jung. Highlighting, one would be motivated to optimize the position of the corresponding portions of the restoration mapped onto the blank to be milled provides for tailoring the color of the portions of the restoration, ([0031], [0034] & [0041]). Additionally, while Jung is understood to discloses using a lowermost layer for a dentine region, and the topmost layer for the incisal region. Nevertheless, if it is found that Jung does not anticipate using a lowermost layer for a dentine region, and the topmost layer for the incisal region. The case law for reversal of parts may be recited. Where prior art disclosed a clock fixed to the stationary steering wheel column of an. automobile while the gear for winding the clock moves with steering wheel; mere reversal of such movement, so the clock moves 'With wheel, was held to be obvious, see In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955). Additionally, the case law for change of shape may be recited. Where, it has been held that a mere change in shape without affecting the functioning of the part would have been within the level of ordinary skill in the art, In re Dailey et al., 149 USPQ 47; Eskimo Pie Corp. v, Levous et aI., 3 USPQ 23.
Regarding claim 14 as applied to claim 2,
Wherein before introduction of a further layer, the smoothed surface of the previous layer is structured to form elevations and depressions such that after the introduction of all layers into the mold, the layers are then compressed as a unit.
Jahns teaches the following:
([0111]) teaches a solid structure 56 can be removed from the mold 52 and the second slurry 72, leaving behind the second layer 75 and the first layer 65 that together form a two-layer solid shell and comprise an outer shape or surface 66 of the dental appliance that corresponds to the inner (negative) surface 58 of the mold 52, and an inner (negative) shape 78 that corresponds to the outer (positive) surface 70 of the second solid structure 56. The inner (negative) shape 78 or “cavity” of the second layer 75 includes a negative of the desired outer shape or surface of the next (third) layer of the dental appliance. Highlighting, as shown in (Fig. 1) the shape of the mold 52 determines the exterior shape of the first layer and subsequent layers, while the solid structures, 54 & 56, determine the interior shape the first layer and subsequent layers, respectively. Noting, that the bottom portion provides a sinusoidal shape with elevation(s) and depression(s) changes that are level with the flush/sleek walls. Accordingly, the case law for change of shape may be recited. Where, it has been held that a mere change in shape without affecting the functioning of the part would have been within the level of ordinary skill in the art, In re Dailey et al., 149 USPQ 47; Eskimo Pie Corp. v, Levous et aI., 3 USPQ 23. Furthermore, the case law for sequential vs. simultaneous may be recited. Where, generally, no invention is involved in the broad concept of performing simultaneously operations which have previously been performed in sequence. In re Tatincloux, 108 USPQ 125.
Regarding claim 21 as applied to claim 1,
Wherein the first coloring oxide comprises Mn and/or Co,
the topmost layer has a higher proportion of Mn and/or Co than does the lowermost layer, and
the topmost layer is brighter and more translucent than the lowermost layer.
Jahns teaches the following:
Recalling, that as illustrated in (Fig. 1), the first layer 65 is found to surround and be on top of the second layer 75. As such, the first layer 65 is found capable to act as applicant’s topmost layer. Additionally, As illustrated in (Fig. 1), the second layer 75 is found to surround and be on top of the third layer 85. As such, the second layer 75 is also found capable to act as applicant’s topmost layer. As illustrated in (Fig. 1), the second layer 75 is found to be surrounded and below the first layer 65. As such, the second layer 65 is found capable to act as applicant’s lowermost layer. Additionally, as illustrated in (Fig. 1), the third layer 85 is found to be on the bottom and surround by the second layer 75. As such, the third layer 85 is also found capable to act as applicants’ lowermost layer.
Regarding Claim 21, Jahns as modified by Fujisaki is silent regarding the topmost layer has a higher proportion of Mn and/or Co and its resulting brightness and translucency. In analogous as applied above, Jung suggests details regarding the colorants, and in this regard, Jung teaches the following:
([0033]) teaches a first chroma components may include at least one of manganese oxide, manganese acetate, manganese chloride, neodymium oxide, copper, or cobalt. These components create a slightly gray, bluish, grayish blue, grayish violet effect thereby mimicking the natural appearance of a tooth. Highlighting, the inclusion of the first chroma component is understood to impact the color/hue of the blank fabricated. As such, the use of a first coloring oxide consisting of Co, Mn and mixtures thereof is understood to be disclosed.
([0041], Table 1) teaches that area 1 which comprises 50 % Mn and 50 % Zn-Bleached (which is an exterior layer and corresponds to Jahns first layer 65 acting as applicant’s topmost layer) is found to have more Mn than area 2; area 2 is found to comprise 35% Mn and 65 % Zn-Bleach (which corresponds to Jahns second layer 65 acting as applicant’s lowermost layer).
Regarding the topmost layer is brighter and more translucent than the lowermost layer. It should be noted due to Jung comprising the same process, structure and materials, namely forming a multilayer ceramic blank comprising first coloring oxide comprises Mn and/or Co and a topmost layer has a higher proportion of Mn and/or Co than does a lowermost layer. It is understood that the topmost layer will be brighter and more translucent than the lowermost layer. As such, the case law for substantially identical process and structure. Where, it has been held that where the claimed and prior art products are identical or substantially identical in structure or are produced by identical or a substantially identical processes, a prima facie case of either anticipation or obviousness will be considered to have been established over functional limitations that stem from the claimed structure. In re Best, 195 USPQ 430, 433 (CCPA 1977), In re Spada, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). The prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed products. In re Best, 195 USPQ 430, 433 (CCPA 1977). Additionally, the case law for relevance of structure in method claims may be recited. Where, to be entitled to weight in method claims, the recited structural limitations therein must affect the method in a manipulative sense, and not amount to the mere claiming of a use of a particular structure, Ex parte Pfeiffer, 135 USPQ 31.
The same rejection rationale, case law(s) and analysis that was used previously for claim 1, can be applied here and should be referred to for this claim as well.
Regarding claim 22 as applied to claim 1,
Wherein the first coloring oxide is selected from the group consisting of Co, Mn, and Ni; and
the second coloring oxide is selected from the group consisting of Er, Fe, Ti, V, Bi, and Cu.
Jahns teaches the following:
([0167]) teaches that suitable colorants can include one or more of the following elements or ions thereof: Fe, Mn, V, Cr, Zn, Sn and Co. As such, first coloring pigments of Mn and Co are understood to be disclosed.
([0023]) teaches that the composition can comprise titanium dioxide (TiO2). ([0167]) teaches that suitable colorants can include one or more of the following elements or ions thereof: Fe, Mn, V, Cr, Zn, Sn and Co. As such, second coloring pigments of Ti, and Fe and are understood to be disclosed.
B.) Claim(s) 5 & 14, is/are rejected under 35 U.S.C. 103 as being unpatentable over Jahns in view of Fujisaki in view of Jung and in further view of Volkl et al. (US 20170181818 A1, hereinafter Volkl)
Regarding claim 5 as applied to claim 1,
Wherein the lowermost layer is used for a restoration to be manufactured from the blank for the dentine region, and the topmost layer for the incisal region.
Regarding Claim 5, Jahns as modified by Fujisaki and Jung is silent on what regions of the blank form the dentine region and the incisal region. In analogous art for the production and preparation of a dental a blank from a ceramic material, (Abstract), Volkl suggests details what regions of the blank form the dentine region and the incisal region, and in this regard, Volkl teaches the following:
([0065] –[0066]) teaches that the incisal region 40 of the bridge extends into the layer 24. In the transition region, i.e., in the middle layer 28, in which the quasi-continuous or continuous transition takes place between the layers 14 and 24, there is the transition between the dentin and the incisor region. The dentin extends in the region 14.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the production method and apparatus for manufacturing a multilayer dental ceramic of Jahns as modified by Fujisaki and Jung. By further modifying the milling process to include having one layer for the incisal region and one layer for the dentin region, as taught by Volkl. Highlighting, one would be motivated to implemented one layer for the incisal region and one layer for the dentin region provides for a transition between a first layer and a second layer or in the case of a restoration between the dentin region and incisal region in terms of translucency and strength, ([0071]).
Regarding claim 14 as applied to claim 2,
Wherein before introduction of a further layer, the smoothed surface of the previous layer is structured to form elevations and depressions such that after the introduction of all layers into the mold, the layers are then compressed as a unit.
Regarding Claim 14, Jahns as modified by Fujisaki and Jung is silent on forming elevations and depressions such that after the introduction of all layers into the mold, the layers are then compressed as a unit. In analogous art as applied above, Volkl suggests details regarding forming elevations and depressions such that after the introduction of all layers into the mold, the layers are then compressed as a unit, and in this regard, Volkl teaches the following:
([0054]) teaches that that the smoothed surface is then structured according to step b). For this purpose, for example, a disc-shaped or plate-shaped or web-shaped element 16 is used, which in the example embodiment has a toothed geometry on the layer side, so that a corresponding negative structure is formed in the surface 18 of the layer 14 by displacing material. This structure is represented by concentrically extending elevations and surrounding valleys. ([0056]) teaches after forming the second layer in the corresponding negative structure with elevations and surrounding valleys the layers 24, 14 are being pressed according to FIG. 1 d).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the production method and apparatus for manufacturing a multilayer dental ceramic of Jahns as modified by Fujisaki and Jung. By further augmenting the process to include a step of forming a negative structure is formed in the surface of the layer prior to forming the next layer, as taught by Volkl. Highlighting, one would be motivated to implement a negative structure is formed in the surface of the layer prior to forming the next layer provides for the second layer 24 to penetrates to the base of the valleys 26 in the surface 18 of the layer 14, forming a continuous transition between the properties of the layer 14 and the layer 24, ([0056]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Volkl et al. (US 20170189146 A1) – teaches in the (Abstract) that the invention relates to a method to produce a dental restoration from a blank, which has regions or layers of ceramic materials with differing compositions, under use of the method steps, filling of the ceramic materials into a mold, pressing of the ceramic materials to form a blank, removal of the blank from the mold, temperature treatment of the blank.
Vollman et al. (US 20180104031 A1) – teaches in the (Abstract) that the invention relates to a method to produce a restoration from a blank consisting of, or containing, a lithium silicate glass ceramic, wherein at least two layers of ceramic material of different compositions are filled into a mold layer-by-layer and after filling of the layers they are then pressed and sintered.
Jung et al. (US 20180193118 A1) – teaches in the (Abstract) that a dental block for producing a dental prosthesis comprises a green body including zirconia and having a chemical composition including containing between 6.0 wt % or 7.5 wt % to 20 wt % of yttria (Y2O3). The green body has multiple different layers having a different chemical composition between adjacent layers.
Jung et al. (US 20170304032 A1) – teaches in the (Abstract) a dental block for producing a dental prosthesis comprises a green body including zirconia and having a chemical composition including increasing amounts of yttria through a thickness of the green body.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrés E. Behrens Jr. whose telephone number is (571)-272-9096. The examiner can normally be reached on Monday - Friday 7:30 AM-5:30 PM.
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, Alison Hindenlang can be reached on (571)-270-7001. The fax phone number for the organization where this application or proceeding is assigned is (571)-273-8300.
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/Andrés E. Behrens Jr./Examiner, Art Unit 1741
/ALISON L HINDENLANG/Supervisory Patent Examiner, Art Unit 1741
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