DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Mayer et al (US 2004/0038180), herein known as Mayer ‘180 in view of Wenger et al (US 2015/0223915), Mayer et al (WO 2011/091545 A1), herein known as Mayer ‘545 and Henig et al (US 2013/0011815).
In regard to claim 1, Mayer ‘180 discloses a dental implant system with an implant for implantation in the jawbone (figures 11-12, see par 47), the implant system comprising:
- an implant body (central implant part 1) that extends between a coronal end and an apical end and defines an enossal outer surface (see figure 11, where the end with the sonotrode 22/21 is on the coronal end and the other end is the apical end), the implant body comprising a coronally open cavity, as well as at least one lateral exit opening from the cavity to the enossal outer surface (par 46 discloses the implant part with a sleeve openings and slots 20 which extend out laterally, as seen in figures 11 and 12), wherein the at least lateral one exit opening (20) is at an axial position (see figure 11/12 which shows the exit of the openings being axial positioned), the cavity comprising a first structure (see figure 11, the shoulder which holds the lower part of 22)
- a thermoplastic element (material 2’) in a solid state, said thermoplastic element being arranged in the cavity or being introducible into said cavity (see figures 11-12 and par 50-51); wherein the thermoplastic element is capable of being brought into an at least partly flowable condition by way of applying a pressing force, which is directed apically into the cavity, and mechanical oscillations (par 46 discloses the material 2’ liquifies with the application of pressure and oscillation out of the openings or slots 20 into the bone of surrounding tissue); and wherein in the flowable condition at least a share of the flowable material of the thermoplastic element can, when the implant body is arranged in an opening in the bone tissue and the enossal outer surface is in contact with bone tissue while the pressing force and the mechanical oscillations are applied, be pressed through the at least one lateral exit opening into surrounding bone tissue on account of the pressing force (par 46 discloses the material 2’ liquifies with the application of pressure and oscillation out of the openings or slots 20 into the bone of surrounding tissue);
- a guide sleeve (annular sonotrode 22)
The embodiment of figure 11 of Mayer ‘180 fails to disclose the cavity having a first structure that serves as a fastening structure for abutment screw to engage or is adapted to fasten an abutment or superstructure.
However, the embodiment of figure 6 of Mayer ‘180 teaches a first structure (fixation location 3) within a cavity (see figure 6) that serves as a fastening structure for abutment screw to engage or is adapted to fasted an abutment or superstructure (see figure 6 and par 37) for the purpose of enabling fixation of an artificial tooth (par 37).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify figure 11 of Mayer ‘180 to have the cavity include a first structure that serves as a fastening structure for abutment screw to engage or is adapted to fasten an abutment or superstructure as taught by figure 6 of Mayer ‘180 for the purpose of enabling fixation of an artificial tooth.
Mayer ‘180 fails to disclose the cavity is apically delimited by an abutting portion, said abutting portion being apical to the at least one exit opening, wherein the abutting portion comprises an energy directing structure, and
the implant body comprises an outer thread,
the guide sleeve shaped to be introduced into the cavity or to be arranged in the cavity
wherein the guide sleeve has a structure defining an insertion position in which the guide sleeve lines the first structure but does not reach any one of the at least one lateral exit opening, the structure preventing the guide sleeve from being inserted into a position more apically of the insertion position to reach an axial position of any of the at least one lateral exit opening, wherein the guide sleeve, when in the insertion position circumferentially surrounds the thermoplastic element when the thermoplastic element is arranged in the cavity or is introduced into the cavity,
wherein, when the thermoplastic element is placed in the cavity and pressed towards apically by a sonotrode while subject to the mechanical oscillations, the energy directing structure acts to cause an absorption of energy in the thermoplastic element where the thermoplastic element is in contact with the energy directing structure until material of the thermoplastic element becomes flowable,
whereby the abutting portion and the guide sleeve, when the guide sleeve is in the insertion position, cooperate to effect that the material becomes flowable in a region of the at least one exit opening, while regions coronally thereof, including the first structure, are protected from an effect of the sonotrode and of the flowable material.
Wegner teaches an implant body (sheath element 11) with a cavity (longitudinal bore 13) that is apically delimited by an abutting portion (distal end portion 11.2) apical to at least one exit opening (hole 14), wherein the abutting portion (11.2) comprises an energy directing structure (ramp portion 12, which is disclosed as a directing structure in par 58), wherein when a thermoplastic element (liquifiable element 21) is placed in the cavity (13) and pressed apically by a sonotrode (35) while being subjected to mechanical oscillation (par 71 discloses the mechanical vibrations applied to the liquifiable material) , the energy directing structure (12) acts to cause an absorption of energy in the thermoplastic element where the thermoplastic element is in contact with the energy directing structure until material of the thermoplastic element becomes flowable (par 13 discloses an application of an impinging energy, such as mechanical vibrational energy, to the liquifiable element enables liquification when the liquefiable element and the directing structure interface, par 14 discusses the directing structure being a stop face that presses against the liquifiable element during liquefaction, thus absorbing compressive energy of the liquifiable element when pressed out, the application of energy from the directing structure on the liquifiable element coincides with the liquification of the liquifiable material) for the purpose of directing and controlling the flow of the liquified material out of the exits (par 8).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Mayer ‘180 to have the cavity is apically delimited by an abutting portion, said abutting portion being apical to the at least one exit opening, wherein the abutting portion comprises an energy directing structure, and wherein when the thermoplastic element is placed in the cavity and pressed towards apically by a sonotrode while subject to the mechanical oscillations, the energy directing structure acts to cause an absorption of energy in the thermoplastic element where the thermoplastic element is in contact with the energy directing structure until material of the thermoplastic element becomes flowable as disclosed by Wegner for the purpose of directing and controlling the flow of the liquified material out of the exits.
Mayer ‘545 teaches a guide sleeve (guide tool 14) shaped to be introduced into a cavity or to be arranged in the cavity of an implant (see figure 1e), wherein the guide sleeve (14), when introduced into the cavity, circumferentially surrounds a thermoplastic element (anchoring element 6, which is discloses as a liquifiable material with thermoplastic material properties, see page 8, lines 14-16) when the thermoplastic element is arranged in the cavity or is introduced into the cavity (see figure 1e and page 20, lines 8-11 which disclose the guide tool being able to guide the anchoring element coaxially into the cavity 4a), wherein the guide sleeve has a structure preventing the guide sleeve from being inserted into a position in which it reaches the axial position of any of the at least one lateral exit opening (see figure 1 e, where the guide sleeve has a stepped structure which limits the axial positioning of the guide) for the purpose of aiding in the placement and advancement of the thermoplastic element (page 20, lines 8-12).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Mayer ‘180/Wegner to have the guide sleeve when introduced into the cavity, circumferentially surrounds the thermoplastic element when the thermoplastic element is arranged in the cavity or is introduced into the cavity as taught by Mayer ‘545 for the purpose of aiding in the placement and advancement of the thermoplastic element and sonotrode.
Henig teaches the implant body comprises an outer thread (par 106 and figures 2 and 2a-c) for the purpose of affixing the implant to the alveolar bone of the maxilla (par 106).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Mayer ‘180/Wegner/Meyer ‘545 to have the implant body comprises an outer thread as taught by Henig for the purpose of affixing the implant to the alveolar bone.
Henig also teaches a guide sleeve (modified driving head 856D,ssee figures 34 and 38-39) that has a structure (hollow tube 880D) defining an insertion position (the insertion position being defined by the length of the hollow tube that extends past the implant engaging portion 875 that is positioned within the cavity of the implant, as seen in figures 38-39) in which the guide sleeve lines a first structure of the implant (lumen or passageway 430, see figures 38-39), but does not reach any one of the at least one lateral exit opening (see figures 38-39 where the length of the hollow tube is positioned above the lateral distal openings 458), the structure preventing the guide sleeve from being inserted into a position more apically of the insertion position to reach an axial position of any of the at least one lateral exit opening (where the hollow tube cannot be positioned deeper, because the engaging portion acts as a shoulder against the hexagon shaped well 469/569 as seen in figures 38-39) for the purpose of minimizing the backflow of bone graft material along the cavity of the implant (par 315).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Mayer ‘180/Wegner/Meyer ‘545 to have wherein the guide sleeve has a structure defining an insertion position in which the guide sleeve lines the first structure but does not reach any one of the at least one lateral exit opening, the structure preventing the guide sleeve from being inserted into a position more apically of the insertion position to reach an axial position of any of the at least one lateral exit opening as taught by Henig for the purpose of minimizing the backflow of the thermoplastic material along the cavity of the implant and provide a controlled delivery of the thermoplastic material to the lateral openings.
The limitation “wherein, when the thermoplastic element is placed in the cavity and pressed towards apically by a sonotrode while subject to the mechanical oscillations, the energy directing structure acts to cause an absorption of energy in the thermoplastic element where the thermoplastic element is in contact with the energy directing structure until material of the thermoplastic element becomes flowable,
whereby the abutting portion and the guide sleeve, when the guide sleeve is in the insertion position, cooperate to effect that the material becomes flowable in a region of the at least one exit opening, while regions coronally thereof, including the first structure, are protected from an effect of the sonotrode and of the flowable material” is considered functional limitations achieved by the resulting combination of elements taught by Mayer ‘180/Wegner/Meyer ‘545/Henig. This is supported by the teaching of Wegner which discloses the abutting portion enabling the thermoplastic material to flow into the at least one exit opening (see figure 1a and 2, and par 8 which discloses the ramp portion of the directing structure being structured to direct the liquefiable material to different holes) and the teachings of Mayer ‘545 which discloses the abutting portion enabling the placement and advancement of the thermoplastic material (see page 20, lines 8-12 which disclose the positioning of the anchoring element prior to liquification and application of energy allowing directing to the lateral opening as seen in figure 1). The combination of these elements further enables the material to flow to the at least one exit opening in Mayer ‘180. Additionally, the positioning of the guide sleeve as disclosed in Henig and Mayer ‘545 provides the coronal region that is in contact with the outer surface protection from direct contact with the sonotrode and the flowable material of the thermoplastic element.
Regarding claim 2, Henig further teaches at least one lateral exit opening (distal openings 158) is arranged apically of at least a part of the outer thread (see figures 2a-c).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to further modify Mayer ‘180/Wegner/Meyer ‘545/Henig to have the at least one lateral exit opening is arranged apically of at least a part of the outer thread as taught by Henig for the purpose of delivering material to the exterior of the implant while minimizing damage (par 178).
Regarding claim 3, Mayer ‘180/Wegner/Meyer ‘545/Henig disclose the claimed invention as set forth above in claim 1. Figure 6 of Mayer ‘180 further teaches the first structure (3) is at least partly present in the cavity and/or is penetrated by the cavity (see figure 6), for the reasons set forth above.
Regarding claim 21, Mayer ‘180/Wegner/Meyer ‘545/Henig disclose the claimed invention as set forth above in claim 1. Figure 6 of Mayer ‘180 further teaches the first structure (3) comprises an inner thread or a gluing groove running at least partly in a peripheral direction (see figure 6) for the reason set forth above.
Regarding claim 22, Mayer ‘180/Wegner/Meyer ‘545/Henig disclose the claimed invention as set forth above in claim 1. Figure 6 of Mayer ‘180 further teaches the first structure (3) permits a securing of the abutment or superstructure (par 37), for the reasons set forth above.
Claims 4-7, 9-11, 14-16, 18-19 and 23-26 are rejected under 35 U.S.C. 103 as being unpatentable over Mayer ‘180 in view of Wegner, Battula (US 2015/0320521), Meyer ‘545 and Henig.
Regarding claim 4, Mayer ‘180 discloses a dental implant system with an implant for implantation in a jawbone (figures 11-12, see par 47), the implant system comprising:
-an implant body (central implant part 1) that extends between a coronal end and an apical end and defines an enossal outer surface (see figure 11, where the end with the sonotrode 22/21 is on the coronal end and the other end is the apical end), the implant body comprising a coronally open cavity as well as at least one lateral exit opening from the cavity to the enossal 32outer surface (par 46 discloses the implant part with a sleeve am openings and slots 20 which are lateral to the implant axis as seen in figures 11 and 12);
- a thermoplastic element in a solid state (material 2’), said element being arranged in the cavity or being introducible into said cavity (see figures 11-12 and par 50-51); wherein the thermoplastic element is capable of being brought into an at least partially flowable condition by way of applying a pressing force, which is directed towards apically into the cavity, and mechanical oscillations (par 46 discloses the material 2’ liquifies with the application of pressure and oscillation out of the openings or slots 20 into the bone of surrounding tissue); wherein in the flowable condition at least a share of the flowable material of the thermoplastic element can, when the implant body is arranged in an opening in the bone tissue and the enossal outer surface is in contact with bone tissue while the pressing force and the mechanical oscillations are applied, be pressed through the at least one lateral exit opening into surrounding bone tissue on account of the pressing force (par 46 discloses the material 2’ liquifies with the application of pressure and oscillation out of the openings or slots 20 into the bone of surrounding tissue);
-a guide sleeve (annular sonotrode 22).
Meyer ‘180 fails to disclose the cavity is apically delimited by an abutting portion, said abutting portion being apical to the at least one exit opening, wherein the abutting portion comprises an energy directing structure,
said first structure being at least partly present in the cavity and/or being penetrated by the cavity
the guide sleeve, shaped to be introduced into the cavity or to be arranged in the cavity,
wherein the guide sleeve has a structure defining an insertion position in which the guide sleeves lines the first structure but does not reach any one of the at least one lateral exit opening, the structure preventing the guide sleeve from being inserted into a position more apically of the insertion position to reach an axial position of any of the at least one lateral exit opening, wherein the guide sleeve, when in the insertion position, circumferentially surrounds the thermoplastic element when the thermoplastic element is arranged in the cavity or is introduced into the cavity,
wherein, when the thermoplastic element is placed in the cavity and pressed towards apically by a sonotrode while subject to the mechanical oscillations, the energy directing structure acts to cause an absorption of energy in the thermoplastic element where the thermoplastic element is in contact with the energy directing structure until material of the thermoplastic element becomes flowable,
whereby the abutting portion and the guide sleeve, when the guide sleeve is in the insertion position, cooperate to effect that the material becomes flowable in a region of the at least one exit opening, while regions coronally thereof, including the first structure, are protected from an effect of the sonotrode and of the flowable material.
Wegner teaches an implant body (sheath element 11) with a cavity (longitudinal bore 13) that is apically delimited by an abutting portion (distal end portion 11.2) apical to at least one exit opening (hole 14), wherein the abutting portion (11.2) comprises an energy directing structure (ramp portion 12, which is disclosed as a directing structure in par 58), wherein when a thermoplastic element (liquifiable element 21) is placed in the cavity (13) and pressed apically by a sonotrode (35) while being subjected to mechanical oscillation (par 71 discloses the mechanical vibrations applied to the liquifiable material) , the energy directing structure (12) acts to cause an absorption of energy in the thermoplastic element where the thermoplastic element is in contact with the energy directing structure until material of the thermoplastic element becomes flowable (par 13 discloses an application of an impinging energy, such as mechanical vibrational energy, to the liquifiable element enables liquification when the liquefiable element and the directing structure interface, par 14 discusses the directing structure being a stop face that presses against the liquifiable element during liquefaction, thus absorbing compressive energy of the liquifiable element when pressed out, the application of energy from the directing structure on the liquifiable element coincides with the liquification of the liquifiable material) for the purpose of directing and controlling the flow of the liquified material out of the exits (par 8).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Mayer ‘180 to have the cavity is apically delimited by an abutting portion, said abutting portion being apical to the at least one exit opening, wherein the abutting portion comprises an energy directing structure, and wherein when the thermoplastic element is placed in the cavity and pressed towards apically by a sonotrode while subject to the mechanical oscillations, the energy directing structure acts to cause an absorption of energy in the thermoplastic element where the thermoplastic element is in contact with the energy directing structure until material of the thermoplastic element becomes flowable as disclosed by Wegner for the purpose of directing and controlling the flow of the liquified material out of the exits.
Battula teaches an implant (21) with a cavity (central bore 35) comprising a first structure thread (internally threaded region 43) for serving as a fastening structure for an abutment screw to engage (see figure 1, and par 46) and implant body (65) comprises an outer thread (threaded portion 61) as well as the first structure (43) that is adapted to fasten an abutment or a superstructure (par 46), structure (24) that is at least partly present in the cavity and/or is penetrated by the cavity (see figure 1 for the attachment of the superstructure/abutment by a placing the post base 24 within the cavity) for the purpose of connecting and securing an abutment to an implant (see par 42) and to aid in facilitating osseointegration (par 61).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention to modify Mayer ‘180/Wegner to have the cavity comprises a first structure serving as a fastening structure for an abutment screw to engage, the implant body comprises an outer thread as well as the first structure that is adapted to fasten an abutment or a superstructure, first structure being at least partly present in the cavity and/or being penetrated by the cavity as taught by Battula for the purpose of connecting and securing an abutment to an implant and aiding in the facilitation of osseointegration.
Mayer ‘545 teaches a guide sleeve (guide tool 14) shaped to be introduced into a cavity or to be arranged in the cavity of an implant (see figure 1e), wherein the guide sleeve (14), when introduced into the cavity, circumferentially surrounds a thermoplastic element (anchoring element 6, which is discloses as a liquifiable material with thermoplastic material properties, see page 8, lines 14-16) when the thermoplastic element is arranged in the cavity or is introduced into the cavity (see figure 1e and page 20, lines 8-11 which disclose the guide tool being able to guide the anchoring element coaxially into the cavity 4a), wherein the guide sleeve has a structure defining an insertion position which prevents the guide sleeve from being inserted into a position in which it reaches the axial position of any of the at least one lateral exit opening (see figure 1 e, where the guide sleeve has a stepped structure which limits the axial positioning of the guide) for the purpose of aiding in the placement and advancement of the thermoplastic element (page 20, lines 8-12).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Mayer ‘180/Wegner to have the guide sleeve when introduced into the cavity, circumferentially surrounds the thermoplastic element when the thermoplastic element is arranged in the cavity or is introduced into the cavity as taught by Mayer ‘545 for the purpose of aiding in the placement and advancement of the thermoplastic element and sonotrode.
Henig teaches a guide sleeve (modified driving head 856D,ssee figures 34 and 38-39) that has a structure (hollow tube 880D) defining an insertion position (the insertion position being defined by the length of the hollow tube that extends past the implant engaging portion 875 that is positioned within the cavity of the implant, as seen in figures 38-39) in which the guide sleeve lines a first structure of the implant (lumen or passageway 430, see figures 38-39), but does not reach any one of the at least one lateral exit opening (see figures 38-39 where the length of the hollow tube is positioned above the lateral distal openings 458), the structure preventing the guide sleeve from being inserted into a position more apically of the insertion position to reach an axial position of any of the at least one lateral exit opening (where the hollow tube cannot be positioned deeper, because the engaging portion acts as a shoulder against the hexagon shaped well 469/569 as seen in figures 38-39) for the purpose of minimizing the backflow of bone graft material along the cavity of the implant (par 315).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Mayer ‘180/Wegner/Meyer ‘545 to have wherein the guide sleeve has a structure defining an insertion position in which the guide sleeve lines the first structure but does not reach any one of the at least one lateral exit opening, the structure preventing the guide sleeve from being inserted into a position more apically of the insertion position to reach an axial position of any of the at least one lateral exit opening as taught by Henig for the purpose of minimizing the backflow of the thermoplastic material along the cavity of the implant and provide a controlled delivery of the thermoplastic material to the lateral openings.
The limitation “wherein, when the thermoplastic element is placed in the cavity and pressed towards apically by a sonotrode while subject to the mechanical oscillations, the energy directing structure acts to cause an absorption of energy in the thermoplastic element where the thermoplastic element is in contact with the energy directing structure until material of the thermoplastic element becomes flowable,
whereby the abutting portion and the guide sleeve, when the guide sleeve is in the insertion position, cooperate to effect that the material becomes flowable in a region of the at least one exit opening, while regions coronally thereof, including the first structure, are protected from an effect of the sonotrode and of the flowable material” is considered functional limitations achieved by the resulting combination of elements taught by Mayer ‘180/Wegner/Meyer ‘545/Henig. This is supported by the teaching of Wegner which discloses the abutting portion enabling the thermoplastic material to flow into the at least one exit opening (see figure 1a and 2, and par 8 which discloses the ramp portion of the directing structure being structured to direct the liquefiable material to different holes) and the teachings of Mayer ‘545 which discloses the abutting portion enabling the placement and advancement of the thermoplastic material (see page 20, lines 8-12 which disclose the positioning of the anchoring element prior to liquification and application of energy allowing directing to the lateral opening as seen in figure 1). The combination of these elements further enables the material to flow to the at least one exit opening in Mayer ‘180. Additionally, the positioning of the guide sleeve as disclosed in Henig and Mayer ‘545 provides the coronal region that is in contact with the outer surface protection from direct contact with the sonotrode and the flowable material of the thermoplastic element.
Regarding claim 5, Mayer ‘180 /Wegner/Battula/ Mayer ‘545/Henig discloses the claimed invention as set forth above in claim 4.
Battula further teaches a two part implant system comprising an abutment (implant 21 and abutment 22), wherein the first structure (internally threaded 43) is designed for fastening an abutment (22) and is formed at least partly in a cavity (bore 35) such that for the abutment to be fastened to the implant body, a fastening post of the abutment needs to engage into the cavity (meaning the abutment fastening post engages the fastening structure prior to the cavity, see figure 1) for the purpose of providing an attachment which best suites the treatment of the individual patient (par 45).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Mayer ‘180 /Wegner/Battula/ Mayer ‘545/Henig to have first structure of the implant be a part of a two-part implant system, wherein the first structure is designed for fastening an abutment and is formed at least partly in the cavity such that for the abutment to be fastened to the implant body, fastening post of the abutment needs to engage into the cavity as disclosed by Battula for the purpose of providing a desired aesthetic and support to a crown or prosthetic.
Regarding claim 6, Mayer ‘180 /Wegner/Battula/ Mayer ‘545/Henig discloses the claimed invention as set forth above in claim 4.
Battula further teaches the first structure (recess 25) positioned within a cavity (35) comprises a that is undercut with respect to axial directions (see figure 2) and which permits a securing of an abutment (26) or superstructure (27) relative to the implant body with regard to pull in axial directions (see figure 1).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Mayer ‘180 /Wegner/Battula/ Mayer ‘545/Henig to have the cavity comprises the first structure is undercut with respect to axial directions and which permits a securing of an abutment or superstructure relative to the implant body with regard to pull in axial directions as disclosed by Battula for the purpose of providing a desired aesthetic and support to a crown or prosthetic.
Regarding claim 7, Mayer ‘180 /Wegner/Battula/ Mayer ‘545/Henig discloses the claimed invention as set forth above in claim 4.
Battula further teaches the cavity (35) forms a support region (collar portion 32), in which the cavity has a coronally enlarging cross section (see figure 2).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Mayer ‘180 /Wegner/Battula/ Mayer ‘545/Henig to have the cavity forms a support region, in which the cavity has a coronally enlarging cross section as set forth by Battula for the purpose of providing a desired aesthetic and support to a crown or prosthetic.
Regarding claim 9, Mayer ‘180 /Wegner/Battula/ Mayer ‘545/Henig discloses the claimed invention as set forth above in claim 4.
Battula further teaches a fastening structure (43) is formed such that the abutment or the superstructure (26/27) can be attached onto the dental implant (21) by way of a movement in the axial direction (via connector 23, see par 46) for the purpose of securing the abutment to the dental implant.
Therefore, it would be obvious to one of ordinary skill in the art, at the time of applicant’s filing to modify Mayer ‘180 /Wegner/Battula/ Mayer ‘545/Henig to have the mentioned fastening structure is formed such that the abutment or the superstructure can be attached onto the dental implant by way of a movement in the axial direction as disclosed by Battula for the purpose of securing the abutment to the dental prosthesis.
Regarding claim 10, Mayer ‘180 /Wegner/Battula/ Mayer ‘545/Henig discloses the claimed invention as set forth above in claim 9.
Henig teaches the abutment or the superstructure (390) can be attached in a plurality of possible orientations (in view of the connection of the abutment 390 to the implant 300 via a hexagonal shaped well see par 201-202).
As such it, would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify further Mayer ‘180 /Wegner/Battula/ Mayer ‘545/Henig to have a cavity or well with a polygonal shape, such as a hexagon to ensure the abutment or the superstructure can be attached in a plurality of possible orientations as taught by Henig for the purpose of non-rotationally attaching the implant and abutment in a desired orientation.
Regarding claim 11, Mayer ‘180 /Wegner/Battula/ Mayer ‘545/Henig discloses the claimed invention as set forth above in claim 10.
Henig teaches a first structure (including hexagonal shaped well 469) defines a finite number of possible orientations and a rotating-in geometry for a rotating-in tool (par 233 and 234, where the number of rotation is the number of turns with a hexagon and attachable to a tool for placement), for the reason set forth above.
In regard to claim 14, Mayer ‘180 /Wegner/Battula/ Mayer ‘545 discloses the claimed invention as set forth in claim 4.
Battula further teaches an abutment or superstructure (26/27) with a fastening portion having a second structure (connector 23), which is adapted to the first structure for abutment or superstructure to be fastened to the implant body (see par 41 and figure 1) for the purpose of providing an anchor for the prosthetic tooth (par 41).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Mayer ‘180 /Wegner/Battula/ Mayer ‘545 to have an abutment or superstructure with a fastening portion having a second structure, which is adapted to the first structure for abutment or superstructure to be fastened to the implant body as disclosed by Battula for the purpose of anchoring the prosthetic tooth to the implant.
Regarding claim 15 Mayer ‘180 /Wegner/Battula/ Mayer ‘545/Henig disclose the claimed invention as set forth above in claim 4. Mayer ‘545 further teaches the guide sleeve (14) forms a coronal widening (the step down seen in figure 1 e)) by way of which it can be supported on the implant (see figure 1e, where the step down is mirrored in the implant 14), for the reasons set forth above.
Regarding claim 16, Mayer ‘180 /Wegner/Battula/ Mayer ‘545/Henig discloses the claimed invention as set forth above in claim 4. Mayer ‘545 further teaches the guide sleeve (14) comprises an undercut structure in order to engage into a corresponding undercut structure of the implant body (see figure 1e).
Regarding claim 18, Mayer ‘180 further discloses a sonotrode (21) that is shaped to engage coronally into the cavity (see figures 11 and 12) and to apply the mechanical oscillations as well as the pressing force (par 46).
Regarding claim 19, Mayer ‘180 /Wegner/Battula/ Mayer ‘545/Henig disclose the claimed invention as set forth above in claim 18. Mayer ‘180 further discloses the sonotrode (21) comprises a distal region whose shape is matched to the guide sleeve (22, see figure 11).
Regarding claim 23, Mayer ‘180 /Wegner/Battula/ Mayer ‘545/Henig discloses the claimed invention as set forth in claim 6. Battula further teaches the first structure (25) comprises an inner thread or a gluing groove (threaded portion 43) running at least partly in a peripheral direction (see figure 2), for the reasons set forth above.
Regarding claim 24, Mayer ‘180 further discloses the cavity is closed towards apically (see figure 11).
Regarding claim 25, Mayer ‘180 /Wegner/Battula/ Mayer ‘545/Henig discloses the claimed invention as set forth above in claim 4. Mayer ‘545 further teaches the structure preventing the guide sleeve (13) from being inserted into a position in which it reaches the axial position of any of the at least one lateral exit opening is a shoulder (see figure 1e), for the reasons set forth above.
Regarding claim 26, Mayer ‘180 /Wegner/Battula/ Mayer ‘545/ Henig discloses the claimed invention as set forth above in claim 4. Wegner further teaches the energy directing structure (12) is formed by way of the abutting portion being raised, in a middle, towards an interior of the cavity, the middle being defined with respect to radial directions (see figures 1a-d), for the reasons set forth above.
Claims 8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Mayer ‘180 in view of Wegner et al, Battula, Mayer ‘545 and Henig as applied to claim 4 and 9 above, and further in view of Holmstrom et al (US 2012/0164599).
In regard to claim 8, Mayer ‘180 /Wegner/Battula/ Mayer ‘545/Henig discloses the claimed invention as set forth above in claim 4, but fails to disclose the cavity forms a rotating-in geometry region and/or rotation-lock region, in which it is not rotationally symmetrical with respect to rotations about a cavity axis.
However, Holmstrom teaches a cavity (socket 428) forms a rotating-in geometry region and/or rotation-lock region (indexing section 434/463), in which it is not rotationally symmetrical with respect to rotations about a cavity axis (see figures 8a-c) for the purpose of only allowing the abutment to be inserted into the cavity in one desired position (par 178).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Mayer ‘180 /Wegner/Battula/ Mayer ‘545/Henig to have the cavity forms a rotating-in geometry region and/or rotation-lock region, in which it is not rotationally symmetrical with respect to rotations about a cavity axis as disclosed by Holmstrom for the purpose of enabling a one position attachment between the abutment and the cavity.
Regarding claim 17, Mayer ‘180 /Wegner/Battula/ Mayer ‘545/Henig discloses the claimed invention as set forth above in claim 4, but fails to disclose a rotating-in tool that is designed to engage into a non-rotationally-symmetrical region of the cavity in order to screw the implant body into the jawbone by way of a screwing movement.
However, Holmstrom teaches a rotating-in tool (driver 200) that is designed to engage into a non-rotationally-symmetrical region of the cavity (see figure 10a and par 184) in order to screw the implant body into the jawbone by way of a screwing movement (par 184).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Mayer ‘180 /Wegner/Battula/ Mayer ‘545/Henig to have a rotating-in tool that is designed to engage into a non-rotationally-symmetrical region of the cavity in order to screw the implant body into the jawbone by way of a screwing movement as disclosed by Holmstrom for the purpose of enabling rotation of the implant into the bone of the patient.
Response to Arguments
Applicant's arguments filed 12/15/2025 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claims 1 and 4 have been considered but are moot because the new ground of rejection does not rely on the combination of reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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.
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/S.N.B./ Examiner, Art Unit 3772
/HEIDI M EIDE/ Primary Examiner, Art Unit 3772
2/9/2026