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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the fastener must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim(s) 25 is/are objected to because of the following informalities:
Claim 21 recites “matingly engages corresponding structure” in lines 2-3 wherein it should be revised to read “matingly engages a corresponding structure”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 14, 16, 18-19, 39-41, and 57 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakagawa (WO 2014069005 A1, see machine translated version).
Re. Claim 1, Nakagawa discloses a removable partial denture (10 where the partial denture is fully capable of being removed; Fig. 1; Par. 11 and 31) comprising:
a frame (11/22) sized and shaped to conform to a mouth inner surface (Fig. 1, 4-5 and 7), the frame including a projecting mounting structure (18); and
a segment (16) having a slot (see Fig. 4-5 and 7 where element 16 is fitted onto element 18; Par. 36-37) for slidably receiving the projecting mounting structure when the segment is assembled to the frame (Fig. 4-5 and 7; Par. 36-37).
Re. Claim 14, Nakagawa discloses the removable partial denture of claim 1 wherein: the frame includes at least one additional projecting mounting structure (18 see Fig. 4), and the removable partial denture includes at least one additional segment (16; see Fig. 1, and 4-5), each additional segment having a slot (see Fig. 4-5 and 7 where element 16 is fitted onto element 18) for slidably receiving one of the additional projecting mounting structures when the additional segments are assembled to the frame (Fig. 4-5; Par. 36-37).
(first interpretation) Re. Claim 16, Nakagawa discloses the removable partial denture of claim 1 further comprising: a clasp retainer attached to the frame (Fig. 1, 3-5 shows element 11 being a C-clasp and is denoted as the fitting body; Par. 36).
(first interpretation) Re. Claim 19, Nakagawa discloses the removable partial denture of claim 16 wherein: the clasp retainer comprises a wrought wire clasp (Par. 36 wherein it is disclosed that the clasp 11 can be elastically deformed and is made of a metallic material).
(second interpretation) Re. Claim 16, Nakagawa discloses the removable partial denture of claim 1 further comprising: a clasp retainer attached to the frame (Fig. 12 shows element 11 being a ring clasp and is denoted as the fitting body; Par. 45).
(second interpretation) Re. Claim 18, Nakagawa discloses the removable partial denture of claim 16 wherein: the clasp retainer comprises a circumferential clasp (Fig. 12 shows element 11 being a ring clasp).
(second interpretation) Re. Claim 19, Nakagawa discloses the removable partial denture of claim 16 wherein: the clasp retainer comprises a wrought wire clasp (Par. 45 wherein it is disclosed that the clasp 11 can be elastically deformed and is made of a metallic material).
(first interpretation) Re. Claim 39, Nakagawa discloses a removable partial denture (10 where the partial denture is fully capable of being removed; Fig. 11/12; Par. 11 and 31) comprising:
a frame (11/22) sized and shaped to conform to a mouth inner surface (Fig. 1, 4-5 and 7);
a tooth segment (16) assembled to the frame (Fig. 4-5 and 7); and
a wrought wire clasp including a section that matingly engages corresponding structure in the frame or the tooth segment (Fig. 12 shows element 11 being a ring clasp; Fig. 11-12; Par. 45 wherein it is disclosed that the clasp 11 can be elastically deformed and is made of a metallic material).
(first interpretation) Re. Claim 40, Nakagawa discloses the removable partial denture of claim 39 wherein: the section of the wrought wire clasp matingly engages corresponding structure in the frame (Fig. 11-12).
(second interpretation) Re. Claim 39, Nakagawa discloses a removable partial denture (10 where the partial denture is fully capable of being removed; Fig. 25/26; Par. 11 and 31) comprising:
a frame (11) sized and shaped to conform to a mouth inner surface (Fig. 25/26);
a tooth segment (16) assembled to the frame (Fig. 25/26); and
a wrought wire clasp including a section that matingly engages corresponding structure in the tooth segment (22; see Fig. 25; Par. 36).
(second interpretation) Re. Claim 41, Nakagawa discloses the removable partial denture of claim 39 wherein: the section of the wrought wire clasp matingly engages corresponding structure in the tooth segment (Fig. 25).
Re. Claim 57, Nakagawa discloses a removable partial denture (10 where the partial denture is fully capable of being removed; Fig. 38; Par. 11 and 31) comprising:
a base (11) sized and shaped to conform to an inner surface of a patient's mouth (Fig. Fig. 38);
a tooth segment (16) attached to the base (Fig. 4-5 and 7); and
a clasp retainer (11), wherein the tooth segment and the clasp retainer are formed as one piece (Par. 69 and 77).
Claim(s) 46-47 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shemper (WO 2017144727 A1, see machine translated version).
Re. Claim 46, Shemper discloses a removable partial denture (Fig. 3 wherein it is fully capable of being removed; Par. 4) comprising:
a base sized (102) and shaped to conform to an inner surface of a patient's mouth (Fig. 3);
a tooth segment (106) attached to the base (Fig. 1 and 3); and
a removable gingival shroud (104) including a section that matingly engages corresponding structure in the base when the gingival shroud is assembled to the base (Fig. 1 and 3).
Re. Claim 47, Shemper discloses the removable partial denture of claim 46 wherein: the section of the gingival shroud includes one or more protrusions, and the corresponding structure of the base defines one or more holes for receiving the one or more protrusions (See Fig. 7a-7b which presents the connection between the gingival shroud 706 and the base 702 where the protrusion of the shroud is fitted into the hole 704 of the base; Par. 38).
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) 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakagawa (WO 2014069005 A1, see machine translated version) in view of Bowman (US 1386762 A).
Re. Claim 4, Nakagawa discloses the removable partial denture of claim 1 but is silent to the projecting mounting structure comprises an I-beam.
Bowman discloses a projecting mount in the same field of endeavor and further discloses the projecting mounting structure (Fig. 4) comprising an I-beam used to attach a tooth segment (1) to a frame (17) to distribute the strain placed on the tooth segment and frame (Col. 39-46).
It would have been obvious to someone skilled in the art before the effective filing date to have the projecting mounting structure of Nakagawa to have an I-beam as taught by Bowman to distribute the strain placed on the tooth segment and frame.
Re. Claim 5, Nakagawa and Bowman discloses the removable partial denture of claim 4 wherein: Bowman discloses a longitudinal axis of the I-beam extends distally to mesially (Annotated Figure A of Fig. 4 where the longitudinal axis is defined to be a line running along the length of the object. As such, the interpretation of where the longitudinal axis of the I-beam is broad so long as it runs along the length of the I-beam. In this case, it is found to run the same plane as the two ends of the “I” extend longitudinally. As such, when viewed in Fig. 2 and the Annotated Figure, the I-beam would extend distally to mesially).
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Annotated Figure A
Re. Claim 6, Nakagawa and Bowman discloses the removable partial denture of claim 4 wherein: a longitudinal axis of the I-beam extends buccally to lingually (Annotated Figure B of Fig. 2 where it should be noted that the definition for a longitudinal axis is a line that runs along a length of an object.; Fig. 2; As such, the interpretation of where the longitudinal axis of the I-beam is broad so long as it runs along the length of the I-beam. In this particular interpretation, the longitudinal axis extends from where the middle portion of the “I” extends resulting in the “I” to also extend buccally to lingually).
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Annotated Figure B
Re. Claim 7, Nakagawa and Bowman discloses the removable partial denture of claim 4 wherein: Bowman further discloses the I-beam comprises opposed end plates connected by a midsection (Annotated Figure C of Fig. 4), the midsection includes a channel (Annotated Figure C of Fig. 4), the tooth segment includes a throughhole (9), and the channel and the throughhole are aligned when the tooth segment is assembled to the frame (Fig. 2 and 5).
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Annotated Figure C
Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakagawa (WO 2014069005 A1, see machine translated version) in view of Bowman (US 1386762 A) and Saffir (US 2398671 A).
Re. Claim 8, Nakagawa and Bowman discloses the removable partial denture of claim 7 further comprising but are silent to a fastener positioned in the channel and the throughhole for immobilizing the tooth segment on the frame when the tooth segment is assembled to the frame.
Saffir discloses an artificial tooth mount in the same field of endeavor and further discloses an mounting projecting structure of various shapes (Fig. 18-30) that can comprise grooves or fasteners placed externally or within the channel of the mount (Fig. 20-21 and 24) used to provide more securement between the tooth and base (Col. 6, lines 5-24; Fig. 13).
It would have been obvious to someone skilled in the art before the effective filing date to have the projecting mounting structure of Nakagawa, and Bowman to have a fastener positioned in the channel and the throughhole for immobilizing the tooth segment on the frame when the tooth segment is assembled to the frame as taught by Saffir to provide more securement between the tooth and base.
Re. Claim 9, Nakagawa, Bowman, and Saffir discloses the removable partial denture of claim 8 wherein: Saffir discloses the fastener comprises a cured resin (Col. 7, lines 30-32).
Re. Claim 10, Nakagawa, Bowman, and Saffir discloses the removable partial denture of claim 8 wherein: Saffir further discloses the fastener comprises a pin (It should be noted that the definition of a pin is a solid material used for fastening things together where the serrated fasteners pointed as element 70 is found to provide such and as such reads upon the limitation of a pin).
Claim(s) 17, 21 and 39-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakagawa (WO 2014069005 A1, see machine translated version) in view of Eggen (US 1700124 A).
Re. Claim 17, Nakagawa discloses the removable partial denture of claim 16 but is silent to the clasp retainer comprises an I bar clasp.
Eggen discloses a clasp retainer (D) in the same field of endeavor and further the retainer comprises an I bar clasp (see Fig. 1-5) to provide easy replacement of the clasp if it is torn down or if the plate is needed to be detached (Pg. 1, Lines 23-31).
It would have been obvious to someone skilled in the art before the effective filing date to have the clasp retainer of Nakagawa to comprise an I bar clasp as taught by Eggen to provide easy replacement of the clasp if it is torn down or if the plate is needed to be detached.
Re. Claim 21, Nakagawa discloses the removable partial denture of claim 20 but is silent to the wrought wire clasp includes a section that matingly engages corresponding structure in the base section of the frame (element E is the frame where the corresponding structure it engages with is element 11; Fig. 1).
Eggen discloses a clasp retainer (D) in the same field of endeavor and further the retainer comprises an I bar clasp (see Fig. 1-5) to provide easy replacement of the clasp if it is torn down or if the plate is needed to be detached (Pg. 1, Lines 23-31). Eggen further discloses that the clasp includes the I section that matingly engages corresponding structure in the base section of the frame.
It would have been obvious to someone skilled in the art before the effective filing date to have the clasp retainer of Nakagawa to comprise an I bar clasp as taught by Eggen to provide easy replacement of the clasp if it is torn down or if the plate is needed to be detached. The combination of Nakagawa and Eggen would provide the teaching of the wrought wire clasp includes a section that matingly engages corresponding structure in the base section of the frame.
Re. Claim 39-40, Nakagawa discloses a removable partial denture (10 where the partial denture is fully capable of being removed; Fig. 11/12; Par. 11 and 31) comprising:
a frame (11/22) sized and shaped to conform to a mouth inner surface (Fig. 1, 4-5 and 7);
a tooth segment (16) assembled to the frame (Fig. 4-5 and 7); and
a wrought wire clasp including a section (Fig. 12 shows element 11 being a ring clasp; Fig. 11-12; Par. 45 wherein it is disclosed that the clasp 11 can be elastically deformed and is made of a metallic material).
However, Nakagawa is silent to the clasp being matingly engages corresponding structure in the frame or the tooth segment.
Eggen discloses a clasp retainer (D) in the same field of endeavor and further the retainer comprises an I bar clasp (see Fig. 1-5) to provide easy replacement of the clasp if it is torn down or if the plate is needed to be detached (Pg. 1, Lines 23-31). Eggen further discloses that the clasp includes the I section that matingly engages corresponding structure in the base section of the frame.
It would have been obvious to someone skilled in the art before the effective filing date to have the clasp retainer of Nakagawa to comprise an I bar clasp as taught by Eggen to provide easy replacement of the clasp if it is torn down or if the plate is needed to be detached. The combination of Nakagawa and Eggen would provide the teaching of the wrought wire clasp includes a section that matingly engages corresponding structure in the base section of the frame.
Claim(s) 1, 14, 16 and 18-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakagawa (US 20090047627 A1, herein denoted as Nakagawa ‘627) in view of Nakagawa (WO 2014069005 A1, see machine translated version, herein denoted as Nakagawa ‘005).
Re. Claim 1, Nakagawa ‘627 discloses a removable partial denture (Fig. 1-7) comprising:
a frame (11) sized and shaped to conform to a mouth inner surface (Abstract discloses that it is a denture that is placed into the mouth and conforms to a mouth inner surface); and
a segment (1) assembled to the frame (Fig. 2).
However, Nakagawa ‘627 is silent to the frame comprising a projecting mounting structure and the segment having a slot for slidably receiving the projecting mounting structure when the segment is assembled to the frame.
Nakagawa ‘005 discloses a removable partial denture and further discloses a frame (11/22) sized and shaped to conform to a mouth inner surface (Fig. 1, 4-5 and 7), the frame including a projecting mounting structure (18); and a segment (16) having a slot (see Fig. 4-5 and 7 where element 16 is fitted onto element 18; Par. 36-37) for slidably receiving the projecting mounting structure when the segment is assembled to the frame (Fig. 4-5 and 7; Par. 36-37) to provide a stable connection between the two elements (Par. 37).
It would have been obvious to someone skilled in the art before the effective filing date to have the removable partial denture of Nakagawa ‘627 to have the frame comprising a projecting mounting structure and the segment having a slot for slidably receiving the projecting mounting structure when the segment is assembled to the frame as taught by Nakagawa ‘005 to provide a stable connection between the two elements.
Re. Claim 14, Nakagawa ‘627 and Nakagawa ‘005 discloses the removable partial denture of claim 1 wherein Nakagawa ‘005 further discloses the frame includes at least one additional projecting mounting structure (18 see Fig. 4), and the removable partial denture includes at least one additional segment (16; see Fig. 1, and 4-5), each additional segment having a slot (see Fig. 4-5 and 7 where element 16 is fitted onto element 18) for slidably receiving one of the additional projecting mounting structures when the additional segments are assembled to the frame (Fig. 4-5; Par. 36-37).
Re. Claim 16, Nakagawa ‘627 and Nakagawa ‘005 discloses the removable partial denture of claim 1 wherein Nakagawa ‘627 discloses a clasp retainer (4) attached to the frame (Fig. 1-2).
Re. Claim 18, Nakagawa ‘627 and Nakagawa ‘005 discloses the removable partial denture of claim 16 wherein Nakagawa ‘005 discloses the clasp retainer comprises a circumferential clasp (Fig. 11-12).
It would have been obvious to someone skilled in the art before the effective filing date to have the clasp retainer of Nakagawa ‘627 and Nakagawa ‘005 to be a circumferential clasp as taught by Nakagawa ‘005 to provide more securement of the denture.
Re. Claim 19, Nakagawa ‘627 and Nakagawa ‘005 discloses the removable partial denture of claim 16 wherein Nakagawa ‘627 discloses the clasp retainer comprises a wrought wire clasp (Par. 12 and 101 discloses that the conventional wire clasp is used due to its comfortable feeling).
Re. Claim 20, Nakagawa ‘627 and Nakagawa ‘005 discloses the removable partial denture of claim 19 wherein: the wrought wire clasp is embedded in a base section of the frame, the base section being below a tooth segment (Fig. 4 where the base is pointed as element 11 as shown in Fig. 2 and 4; Par. 62).
Re. Claim 21, Nakagawa ‘627 and Nakagawa ‘005 discloses the removable partial denture of claim 20 wherein: Nakagawa ‘627 discloses the wrought wire clasp includes a section that matingly engages corresponding structure in the base section of the frame (Fig. 4; Par. 62).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See Form PTO-892.
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/HOLLY T. TO/Examiner, Art Unit 3772
/HEIDI M EIDE/Primary Examiner, Art Unit 3772
9/30/2025