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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/30/2025 has been entered.
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 1-5 and 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Spindler (US 2019/0298498) in view of Simmonds et al (US 2016/0151127).
In regard to claim 1, Spindler discloses a dental abutment, comprising first and second units (superstructure support 20 and attachment element 5/adhesive body 100), the first unit (20) is removably connectible to in vivo dental implant by connective element that is pivotable relative to both first and second units (par 30 discloses the superstructure support being attached to a dental implant body 10 in a rotationally fixed manner using a screw 90, see figure 1), said first unit (20) having a distal end (hollow implant pin 50) and a proximal end (implant post 23), the distal end (50) of the first unit (20) is contoured in match with an end contour of the dental implant ( implant pin 50 includes a contoured anti-twist profile 45, which has an outer hexagon shape that matches an inner hexagon shaped socket 15 within the conical seat 14 of the implant, see figure 3 and par 79), said proximal end (23) comprises a supportive surface (area 21) adapted to lie in contact with a contact surface located on a distal end of the second unit (see par 38 which discloses the interfaces 141/145 that are in contact between the attachment element and superstructure support), wherein a longitudinal axis (centerlines 148) of the second unit (5/100) is perpendicular to a plane tangential to the distal end of the second unit (see figure 3), wherein the longitudinal axis of the second unit forms a predetermined angle with respect to a longitudinal axis of the first unit (see figure 1), wherein the first and second units are connectible together by connective means other than the connective element, wherein the second unit is adapted to be permanently connected to the first unit (par 30 discloses the connection between the attachment element 5 and superstructure support implant post 23 via the positive interface part 141 and negative interface part 145, par 5-7 discloses the use of an adhesive body to permanently place the implant post to the attachment element), wherein the permanently connected surfaces of the first and second units constitute together an infrastructural support for a construction of a dental prosthesis (see figure 3 and par 51 discloses the disclosed implant post and being support for a superstructure),
wherein after the first and second units are permanently connected (see figure 19), the connective element is indirectly accessible to the dentist through an upper opening of the second unit (in view of figures 1-5 and par 45 which discloses the screw traversing the hole 62 when the prosthesis is attached, as such during the assembly process the screw is accessible and thus achieves the limitation),
wherein a bore (hole 62) for the connective element (90) within the first unit (20) shares the longitudinal axis with the dental implant (see figure 3).
Spindler fails to disclose wherein the dental abutment comprises an intermediation tool having a distal end adapted to be geared to a domed head of the connective element, wherein the connective element is indirectly accessible after the first and second unit are permanently connected via the intermediation tool, the intermediation tool enabling the dentist to manipulate the connective element through the intermediation tool, whereby the dentist is enabled to connect and disconnect the first and second units of the dental abutment to and from the dental implant via the intermediation tool and the intermediation tool is in alignment with the longitudinal axis of the second unit.
Simmonds teaches a dental abutment (prostheses P, example FIGURE 25) comprises an intermediation tool (cam screw /driving component or element 20, par 40 discloses the driving component, abutment can be manufactured as one and therefore the intermediation tool is a part of the dental abutment) having a distal end (additional example of figures 28-29, the intermediate tool interpreted as the driving member 220 has a distal end c-shaped clip or radiused fingers 230) adapted to be geared to a domed head of the connective element (the connective element equivalent being the spherical member or central connector ball 240 which is disclosed in par 44 as permanently attachable to the abutment screw 260, and in par 42 the fingers are disclosed as being engageable with the sphere to drive the abutment screw), the connective element (abutment screw ) is indirectly accessible via the intermediation tool (see par 42) the intermediation tool (220) enabling the dentist to manipulate the connective element through the intermediation tool (par 42-44 discloses the driving of the component by the abutment screw into the implant), whereby the dentist is enabled to connect and disconnect the dental abutment to and from a dental implant via the intermediation tool (see par 39 which discloses the coupling of the implant and abutment via the driving component) and intermediation tool is in alignment with an angularly offset axis of the longitudinal axis of the implant/abutment screw (P prothesis and the driving component share a longitudinal axis, see figure 25) for the purpose of transmitting torque to a dental implant screw at an offset angle (par 4).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the abutment and connective element of Spindler to include an intermediation tool having a distal end adapted to be geared to a domed head of the connective element, wherein the connective element is indirectly accessible after the first and second unit are permanently connected via the intermediation tool, the intermediation tool enabling the dentist to manipulate the connective element through the intermediation tool, whereby the dentist is enabled to connect and disconnect the first and second units of the dental abutment to and from the dental implant via the intermediation tool and the intermediation tool is in alignment with the longitudinal axis of the second unit in view of the disclosure of Simmonds for the purpose of transmitting torque to a dental implant screw at an offset angle. The limitation “wherein the connective element is indirectly accessible after the first and second unit are permanently connected via the intermediation tool” is considered intended use of the claimed invention, as the prior arts accounts for all claimed structure, specifically the angled bore of both Spindler and Simmonds, it is considered capable of performing the intended use.
In regard to claim 2, Spindler further discloses mutual rotation preventive preparation structure configured to allow the dentist to disable in vivo pivoting of the second unit with respect to the first unit (the functional and structural equivalent being the interface 141/145 including anti twist device 41, which is disclosed as acting as an anti-twist device in par 52).
In regard to claim 3, Spindler further discloses the mutual rotation preventive preparation structure (interface 141/145) comprises matching rotational symmetry breaking male-female contours (anti twist bar 41 and groove 108), wherein at least one rotational symmetry breaking male (41) contour is formed in one of the first and the second units, wherein at least one rotational symmetry breaking female contour (106) in match with the at least one rotational symmetry breaking male contour is formed in another of the first and the second units (par 56 discloses the recess positioned on the adhesive body 100 and matched to the anti-twist barn 41, see figure 3).
In regard to claim 4, Spindler discloses the mutual rotation preventive preparation structure (interface 141/145) comprises outwardly facing wall surface (flange 31) extending from a mid-portion of the first unit towards the proximal end of the first unit and facing away from the longitudinal axis of the first unit (par 37 discloses the extension of the flange 31 from the centerline at an angle relative to the axis 69; see figure 4).
Regarding claim 5, Spindler discloses the supportive surface of the first unit (21) is on a plane tilted with respect to a longitudinal axis (59) of the first unit (20), by a degree of tilting between 11 and 30 degrees, the degree of tilting corresponding to the predetermined angle (see figure 5 and par 5 discloses the centerlines having an angle of 160 degrees, which when subtracted from 180 equals 20 degrees as seen in annotated figure 5 below).
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Annotated figure 5
Regarding claim 7, Spindler discloses the second unit (100/5) is permanently connectible to the first unit by welding, soldering, sticking, or gluing (par 51 discloses the adhesive body 100 being glued or cemented to the superstructure support 20).
Regarding claim 8, Spindler/Simmonds disclose the claimed invention set forth above in claim 1. Spindler discloses the second unit (5/100) comprises a hollow sleeve (hole like recess 106) extending between the upper opening at a proximal end of the second unit and between the head of the connective element when it connects the first unit to the dental implant, the head comprising a proximal end of the connective element (see figure 3, where the second unit extends from adjacent the connective element to an open end), whereby providing the dentist with an access to the head of the connective element for connecting or disconnecting between the dental abutment and the dental implant by manipulating the connective element (see figure 1), but fails to disclose the manipulation of the connective element via the intermediation tool . However, Simmonds the manipulation of the connective element via the intermediation tool (par 42) and the head of the connective element being domed (240), for the reasons set forth above.
Regarding claim 9, Spindler/Simmonds disclose the claimed invention as set forth above in claim 8. Spindler further discloses the connective element is a screw (see figure 1), but fails to disclose the screw has a teethed head portion. Simmonds further teaches a connective element that is a screw (60) which has a teethed head portion (via channels 250, see figure 29), for the reasons set forth above.
Regarding claim 10, Spindler/Simmonds disclose the claimed invention as set forth above in claim 9. Simmonds further teaches the intermediation tool (220) dimensioned to be concealed within a hollow sleeve of an abutment (temporary prosthesis P, as seen in figure 25), wherein the distal end of the intermediation tool (ball portion 24) is adapted to be geared to the teethed head portion of the screw (see figure 28), wherein a proximal end of the intermediation tool (hex opening 22) is adapted to be driven by a matching screwdriver (par 31 discloses the engagement of the hex opening with a hex driver and see figure 28), whereby a rotation of the matching screwdriver about the longitudinal axis of the second unit is transmitted by a mutual gearing between the distal end of the intermediation tool and the domed head of the connective element into a rotation of the connective element about the longitudinal axis of the first unit (par 42 discloses the application of torque to the driving element resulting in a pivoting of the driving component in a similar direction to enable coupling of the abutment screw to the implant along the longitudinal axis), for the reasons set forth above.
Response to Arguments
Applicant's arguments filed 12/30/2025 have been fully considered but they are not persuasive.
Applicant argues on page 10-11 of Argument/Remark, that Simmonds fails to disclose the intermediation tool as recited in the claim because Simmonds discloses an installation tool which is not a part of the dental abutment and supports this argument by stating that Simmonds discloses the installation tool is removable. The examiner does not find this argument persuasive. As set forth above, the embodiment of the installation tool set forth in figure 28-29 in the form of and universal joint. Simmonds discloses an universal joint/cam screw 200 comprising components spherical member 240, driving member 220 and abutment screw 260, and as the abutment screw is a component of the abutment that attaches to the implant as disclosed in figure 25 and par 39 the entire attached structure of the cam screw 200 is considered part of the abutment. Additionally, par 44 discloses member is permanent attachment between cam members and the abutment screw.
Additionally, in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., Simmonds fails to disclose the intermediation tool is an integral component of the abutment and the intermediation tool being concealed within the unit and cannot be mechanically removable after installation) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant's argument that Spindler and Simmonds fail to disclose the “herein after the first and second units are permanently connected, the connective element is indirectly accessible to a dentist through an upper opening of the second unit, wherein the connective element is indirectly accessible after the first and second units are permanently connected via the intermediation tool, the intermediation tool enabling the dentist to manipulate the connective element through the intermediation tool, whereby the dentist is enabled to connect and disconnect the first and second units of the dental abutment to and from the dental implant via the intermediation tool”, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In the instant case, the examiner in summary discloses the prior art Spindler and Simmonds disclose all the claimed structure and are therefore capable of performing the intended use.
Applicant argues that both Spindler and Simmonds describe the connective element do not have a domed head, the examiner disagrees. As set forth above, Simmonds discloses an embodiment of the connecting element that has a domed head(see figure 28 and par 44) and Spindler discloses a head of the connective element which is domed (94, see figure 1).
Conclusion
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//S.N.B./ Examiner, Art Unit 3772
/HEIDI M EIDE/Primary Examiner, Art Unit 3772
2/27/2026