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 .
Examiner Note
New claim 25 includes annotations (i.e., strikethrough markups) that were assumed to be left in as a typographical error. Those limitations were assumed to be omitted from the claim.
Claim Objections
Claims 1,25 objected to because of the following informalities:
In claims 1 and 25, line 41, “bold” should read “bolt”.
Appropriate correction is required.
Claim 25 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 1. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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.
Claim(s)1, 3-4, 15-17, 23-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sutter (WO 9629019 A1), translation provided, in view of Mullaly (US 2017/0049540 A1).
Regarding claim 1, Sutter teaches a dental anchoring system configurable in a first anchoring type and a second anchoring type of anchoring a carrier element at an anchoring element (see claim 4 on page 1 of translation; a plug-in anchor (100) with a clamping head (130) or an occlusal screw (400) may be used, indicating that 100 is used as a second anchoring type alternative to screw (400)), the dental anchoring system comprising:
the carrier element (500);
the anchoring element (8);
an outer part (surface of 500 that receives 130);
an inner part (130); and
a fastening bolt (400),
wherein the anchoring element (8) includes a receiving section (83) configured to receive the carrier element (500) and a threaded bore (84),
wherein the carrier element (500) is configured to directly or indirectly attach a dental superstructure element or a dental prothesis (Zk, see Figure 8) and
wherein the carrier element (500) includes a support section configured to be supported at the receiving section (83) of the anchoring element (see annotated Figure below),
wherein the inner part is provided at the anchoring element and the outer part is provided at the carrier element (see annotated Figure below),
wherein the carrier element (500) is received with the support section (504) at the receiving section (83) of the anchoring element (8) by positive interlocking of the inner part in the outer part without destruction so that the carrier element is removably supported at the anchoring element (see Figure 8), and
wherein the carrier element (500) is attachable at the anchoring element (8) in a disengageable manner by the second anchoring type without using the fastening bolt by providing a positive form locking connection between the outer part and the inner part that is disengageable without destruction wherein the inner part is interlockable in the outer part by a press button or interlocking connection elastically deforming the inner part or the outer part (see Figure 8 and page 6 describing Figure 8 of the translation; the inner part and the outer part have “latch” connection),
wherein the carrier element (500) is removable from the anchoring element (8) by unlocking the inner part from the outer part without destruction when disengaging the second anchoring type (see Figure 8 and page 6 describing Figure 8 of the translation; the inner part and the outer part have “latch” connection and therefore would be unlatched to disengage the carrier and anchoring elements).
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wherein the dental anchoring system is reconfigurable from the second anchoring type to the first anchoring type by removing the carrier element from the anchoring element and then receiving the carrier element with its support section at the receiving section of the anchoring element and threading the fastening bolt into the threaded bore of the anchoring element,
wherein the anchoring system is reconfigurable from the first anchoring type to the second anchoring type by unthreading the fastening bolt from the threaded bore, removing the carrier element from the anchoring element, snapping the inner part into the outer part without destruction, and thereafter joining the carrier element with the anchoring element (see claim 4 on page 1 of translation; a plug-in anchor (100) with a clamping head (130) or an occlusal screw (400) may be used, indicating that 100 is used as a second anchoring type alternative to screw (400), therefore the system is fully capable of unscrewing the fastening bolt to use the plug-in anchor and vice versa and is also fully capable of having the inner part of the anchor engage the outer part and then joining it with the anchoring element).
Sutter teaches the system may be used with two different anchoring types (see claim 4). Although the carrier element of Figure 8 does not explicitly show the carrier element (500) is attachable at the anchoring element (8) by the first anchoring type using the fastening bolt (400) by receiving the support section (504) of the carrier element at the receiving section of the anchoring element and threading the fastening bolt into the threaded bore of the anchoring element, In another embodiment, Sutter teaches the carrier element (500) having an opening at its top end (see figure 20) for receiving a screw (400) in a through opening (410) thereof (see Fig. 20).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the carrier element to comprise a through opening that extends through the its top surface, as shown in Fig. 20 of Sutter, because it would allow using an occlusal screw as an alternative to the plug-in anchor, thereby allowing the same carrier element to be configurable to receive both fastening types.
Sutter teaches the inner part (130) is configured to be spherical (see Fig. 9) but is silent to explicitly wherein the outer part is configured spherical in a contact area with the inner part and the inner part is configured complementary spherical in the contact area with the outer part so that an axis of the outer part and an axis of the inner are pivotable into a plurality of angular positions relative to each other when the outer part is interlocked at the inner part.
Mullaly teaches a dental attachment device comprising engageable elements (100, 25). The elements engage via a configuration comprising a spherical inner part (87) and an adapter/retainer (50) positioned within a receiving element (25). The adapter having a complementary hemispherical or bowl-shaped surface (46) which receives the spherical head portion (87), see Figures and [0054]). Mullaly teaches the retainer can be made of a variety of possible suitable materials ([0053]) and the hemispherical-ball-type connection allows diverging/pivoting or swiveling the parts relative to each other ([0055]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the assembly to have the outer part be a separate part, as taught by Mullaly, because it allows optimizing materials (i.e., in a case where the outer part would benefit from having a different material), replaceability, and modularity (i.e., in a case where the outer part would benefit from a different size or shape). It would have further been obvious to a person of ordinary skill in the art to have the outer part and the inner part to have complementary spherical shapes, as taught by Mullaly, because it would provide the ability of pivoting the parts if needed during installation.
Regarding claim 3, Sutter in view of Mullaly teaches the dental anchoring system according to claim 1 (see rejection above). Sutter teaches wherein the carrier element (500) forms an apically open cavity with an inner surface of the carrier element (see Figure 8), and wherein the apically open cavity is configured to receive an arrangement of the inner part (130) (see Figure below; the inner part is received within a cavity of the carrier element) or the outer part in the cavity, or wherein the inner part or the outer part is arranged in the cavity already from the beginning so that a shaft of the fastening bolt is at least partially insertable through the apically open cavity.
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Regarding claim 4, Sutter in view of Mullaly teaches the dental anchoring system according to claim 1 (see rejection above). Sutter teaches the inner part (130) or the outer part is formed at a coronal end of a second bolt (100) which is threadable with an apical end into the threaded bore hole of the anchoring element (8) instead of the fastening bolt when using the second anchoring type (see claim 4 on page 1 of translation; a plug-in anchor (100) with a clamping head (130) or an occlusal screw (400) may be used, indicating that 100 is used as a second anchoring type alternative to screw (400)).
Regarding claim 15, Sutter in view of Mullaly teaches the dental anchoring system according to claim 1 (see rejection above). The modification of Sutter in view of the embodiment of Fig. 20 teaches the carrier element (500) has an opening into which the bolt is inserted but does not explicitly teach the carrier element includes a central pass-through opening including an opening edge configured to lock a bolt head of the fastening bolt and to pass a shaft of the fastening bolt through (see Figure 20).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the carrier element to comprise a through opening that extends through the its top surface, as shown in Fig. 20 of Sutter, because it would allow using an occlusal screw as an alternative to the plug-in anchor, thereby allowing the same carrier element to be configurable to receive both fastening types.
Regarding claim 16, Sutter in view of Mullaly teaches the dental anchoring system according to claim 1 (see rejection above). Sutter teaches wherein the receiving section of the anchoring element and the support section of the carrier element are formed by complementary cone-shaped surfaces (see annotated Figure below).
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Regarding claim 17, Sutter in view of Mullaly teaches the dental anchoring system according to claim 1 (see rejection above). Sutter teaches wherein the anchoring element includes an implant (82) or an abutment.
Regarding claim 23, Sutter in view of Mullaly teaches the dental anchoring system according to claim 1 (see rejection above). Sutter teaches wherein the inner part (130) is a separate part attachable at the anchoring element (8) (see Figure 8), or wherein the inner part is integrally configured in one piece at the anchoring element.
Regarding claim 24, Sutter in view of Mullaly teaches the dental anchoring system according to claim 1 (see rejection above). The combination of Sutter/Mullaly teaches the inner part retains its shape and the outer part retains its shape when the axis of the inner part and the axis of the outer part are pivoted relative to each other (the parts engage and are configured to move along their corresponding hemispherical configuration and therefore would no deform and would only pivot along the arc-shaped joint perimeter).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the assembly to have the outer part be a separate part, as taught by Mullaly, because it allows optimizing materials (i.e., in a case where the outer part would benefit from having a different material), replaceability, and modularity (i.e., in a case where the outer part would benefit from a different size or shape). It would have further been obvious to a person of ordinary skill in the art to have the outer part and the inner part to have complementary spherical shapes, as taught by Mullaly, because it would provide the ability of pivoting the parts if needed during installation.
Regarding claim 25, Sutter teaches a dental anchoring system configurable in a first anchoring type and a second anchoring type of anchoring a carrier element at an anchoring element (see claim 4 on page 1 of translation; a plug-in anchor (100) with a clamping head (130) or an occlusal screw (400) may be used, indicating that 100 is used as a second anchoring type alternative to screw (400)), the dental anchoring system comprising:
the carrier element (500);
the anchoring element (8);
an outer part (surface of 500 that receives 130);
an inner part (130); and
a fastening bolt (400),
wherein the anchoring element (8) includes a receiving section (83) configured to receive the carrier element (500) and a threaded bore (84),
wherein the carrier element (500) is configured to directly or indirectly attach a dental superstructure element or a dental prothesis (Zk, see Figure 8) and
wherein the carrier element (500) includes a support section configured to be supported at the receiving section (83) of the anchoring element (see annotated Figure below),
wherein the carrier element (500) is attachable at the anchoring element (8) in a disengageable manner by the second anchoring type without using the fastening bolt by providing a positive form locking connection between the outer part and the inner part that is disengageable without destruction
wherein the inner part is interlockable in the outer part by a press button or interlocking connection elastically deforming the inner part or the outer part (see Figure 8 and page 6 describing Figure 8 of the translation; the inner part and the outer part have “latch” connection),
wherein the inner part is provided at the anchoring element and the outer part is provided at the carrier element (see annotated Figure below),
wherein the carrier element (500) is received with the support section (504) at the receiving section (83) of the anchoring element (8) by positive interlocking of the inner part in the outer part without destruction so that the carrier element is removably supported at the anchoring element (see Figure 8), and
wherein the carrier element (500) is removable from the anchoring element (8) by unlocking the inner part from the outer part without destruction when disengaging the second anchoring type (see Figure 8 and page 6 describing Figure 8 of the translation; the inner part and the outer part have “latch” connection and therefore would be unlatched to disengage the carrier and anchoring elements).
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wherein the dental anchoring system is reconfigurable from the second anchoring type to the first anchoring type by removing the carrier element from the anchoring element and then receiving the carrier element with its support section at the receiving section of the anchoring element and threading the fastening bolt into the threaded bore of the anchoring element
wherein the anchoring system is reconfigurable from the first anchoring type to the second anchoring type by unthreading the fastening bolt from the threaded bore, removing the carrier element from the anchoring element, snapping the inner part into the outer part without destruction, and thereafter joining the carrier element with the anchoring element (see claim 4 on page 1 of translation; a plug-in anchor (100) with a clamping head (130) or an occlusal screw (400) may be used, indicating that 100 is used as a second anchoring type alternative to screw (400), therefore the system is fully capable of unscrewing the fastening bolt to use the plug-in anchor and vice versa and is also fully capable of having the inner part of the anchor engage the outer part and then joining it with the anchoring element).
Sutter teaches the system may be used with two different anchoring types (see claim 4). Although the carrier element of Figure 8 does not explicitly show the carrier element (500) is attachable at the anchoring element (8) by the first anchoring type using the fastening bolt (400) by receiving the support section (504) of the carrier element at the receiving section of the anchoring element and threading the fastening bolt into the threaded bore of the anchoring element, In another embodiment, Sutter teaches the carrier element (500) having an opening at its top end (see figure 20) for receiving a screw (400) in a through opening (410) thereof (see Fig. 20),
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the carrier element to comprise a through opening that extends through the its top surface, as shown in Fig. 20 of Sutter, because it would allow using an occlusal screw as an alternative to the plug-in anchor, thereby allowing the same carrier element to be configurable to receive both fastening types.
Sutter teaches the inner part (130) is configured to be spherical (see Fig. 9) but is silent to explicitly wherein the outer part is configured spherical in a contact area with the inner part and the inner part is configured complementary spherical in the contact area with the outer part so that an axis of the outer part and an axis of the inner are pivotable into a plurality of angular positions relative to each other when the outer part is interlocked at the inner part.
Mullaly teaches a dental attachment device comprising engageable elements (100, 25). The elements engage via a configuration comprising a spherical inner part (87) and an adapter/retainer (50) positioned within a receiving element (25). The adapter having a complementary hemispherical or bowl-shaped surface (46) which receives the spherical head portion (87), see Figures and [0054]). Mullaly teaches the retainer can be made of a variety of possible suitable materials ([0053]) and the hemispherical-ball-type connection allows diverging/pivoting or swiveling the parts relative to each other ([0055]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the assembly to have the outer part be a separate part, as taught by Mullaly, because it allows optimizing materials (i.e., in a case where the outer part would benefit from having a different material), replaceability, and modularity (i.e., in a case where the outer part would benefit from a different size or shape). It would have further been obvious to a person of ordinary skill in the art to have the outer part and the inner part to have complementary spherical shapes, as taught by Mullaly, because it would provide the ability of pivoting the parts if needed during installation of the prosthesis.
Claim(s) 8-9, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sutter (WO1996029019 A1), translation provided, in view of Mullaly (US 2017/0049540 A1), and further in view of Allen (US 9827074 B2).
Regarding claim 8, Sutter in view of Mullaly teaches the dental anchoring system according claim 1 (see rejection above). Sutter teaches the axes of the carrier element and the anchoring element are aligned to mount and dismount them relative to each other (see Figs. 27, 29C, 30C, 32C), but it does not teach the alignment is a defined relative pivot position provided where an orientation of a center axis of the outer part or an orientation of a center axis of the inner part corresponds to a mounting or dismounting direction of the carrier element with reference to the anchoring element where the carrier element and the anchoring element are mountable at each other and dismountable from each other.
Allen teaches a dental anchoring system having a carrier element (104), an anchoring element (102), an outer part (112), an inner part (106+112) and the carrier element is received at the anchoring element by positive interlocking such that it is removably supported therein by locking and unlocking the inner part from the outer part (see Figures 2-4c and Col. 4 l. 7-43). Allen teaches the inner and outer part are pivoted relative to one another during mounting or dismounting (see Figures 4A-4C) such that the two can be compressed and frictionally snap-fit to provide a secure fit without inducing an undue amount of stress on the inner part (106) (Col. 6 ll. 12-25).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the engagement between the inner part and the outer part to be a snap-fitting mechanism that requires angular positioning of the parts relative to each other during attachment, as taught by Allen, because such mechanism would provide a secure fit without inducing undue stress on the inner part.
Regarding claim 9, Sutter in view of Mullaly and Allen teaches the dental anchoring system according to claim 8 (see rejection above). Allen further teaches at least one alignment element (119), wherein the outer part or the inner part includes an engagement section (120) configured to engage the at least one alignment element, wherein the outer part and the inner part are movable into the defined relative pivot position through an engagement of the at least one alignment element at the engagement section and by a subsequent movement of the at least one alignment element and that this reduces the amount of friction between the head (inner part) and the socket (outer part) (Col. 5 l. 33-37).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to further modify the system to include an alignment element and an engagement element on the inner and outer parts correspondingly, as taught by Allen, because it would reduce the friction between the inner and outer parts and facilitate achieving a proper alignment between them.
Regarding claim 14, Sutter in view of Mullaly and Allen teaches the dental anchoring system according to claim 8 (see rejection above). Allen teaches the outer part is attached at the anchoring element or the carrier element in the defined relative pivot position, or wherein the inner part is attached at the anchoring element or the carrier element in the defined relative pivot position (see Figures 4A-4C, Col. 6 ll. 12-25).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the engagement between the inner part and the outer part to be a snap-fitting mechanism that requires angular positioning of the parts relative to each other during attachment, as taught by Allen, because such mechanism would provide a secure fit without inducing undue stress on the inner part.
Response to Arguments
Applicant’s arguments filed on 11/28/2025 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Se ePTO-892 attached to this office action.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINA FARAJ whose telephone number is (571)272-4580. The examiner can normally be reached Monday-Friday.
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/LINA FARAJ/ Examiner, Art Unit 3772
/HEIDI M EIDE/ Primary Examiner, Art Unit 3772
2/12/2026