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 § 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.
Claims 48-54 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Engman (US 2006/0099549).
Engman shows a dental connection assembly (Fig. 9) for connecting an artificial denture to a jaw (capable of use therefore since Fig. 9, 49 or 54, may receive a structure thereon), comprising an intermediate insert (49) and an abutment structure (50), wherein the abutment structure has a male member (upper portion of 50) and a shoulder portion positioned apical of the male member and projecting radially beyond the male member (lower portion of 50), the intermediate insert comprising an intermediate skirt portion (upper portion of 49) and a flange portion (lower portion of 49 near 53 for instance), wherein the intermediate skirt portion forms a female recess dimensioned to receive the male member of the abutment structure (shown receiving in right figure of Fig. 9), the intermediate skirt portion has a first axial end (top in Fig. 9) and a second axial end (bottom in Fig. 9), the flange portion is arranged at the second axial end of the intermediate skirt portion (Fig. 9), the flange portion outwardly extends from the second axial end of the intermediate skirt portion (as seen near the bottom of 49 in Fig. 9), and the flange portion of the intermediate insert abuts the shoulder portion of the abutment structure (abutment shown in right figure in Fig. 9 near bottom), when the female recess receives the male member of the abutment structure (Fig. 9 right figure shows the assembled state), and further comprising a fixation screw (extending through in right figure Fig. 9), wherein the abutment structure has a screw socket (interior thereof) which opens at the male member and which corresponds to the fixation screw such that the fixation screw is axially movable into the screw socket by screwing the fixation screw into the screw socket (axially moves through when screw engages structure below such as in the right drawing of Fig. 9 when the screw is attached to a fixture as in Fig. 8). With respect to claim 49, comprising an intermediate end portion arranged at the first axial end of the intermediate skirt portion (upper end of 49). With respect to claim 50, wherein the intermediate end portion at least partially covers the first axial end of the intermediate skirt portion (upper end of 49 covers the lower portions of 49 at the first axial end). With respect to claim 51, wherein the flange portion of the intermediate insert radially extends from the intermediate skirt portion (shown extending radially outwards in Fig. 9). With respect to claim 52, further comprising a housing with a housing cavity (54 for instance), wherein the housing is configured to be fixed to the artificial denture and the housing cavity is configured to receive the intermediate insert (as seen in Fig. 9 right figure assembled). With respect to claim 53, wherein the intermediate insert has an intermediate end portion arranged at the first axial end of the intermediate skirt portion (near top of 49), the intermediate end portion of the intermediate insert having an opening to access the female recess through the intermediate end portion such that the screw socket of the abutment structure is accessible to the fixation screw through the opening of the intermediate end portion of the intermediate insert (right figure Fig. 9 shows the screw access above the screw), when the male member of the abutment structure is received in the female recess of the intermediate insert (assembled state of Fig. 9). With respect to claim 54, wherein the intermediate insert, the abutment structure and the housing are configured such that the flange portion of the intermediate insert fills a gap between the housing and the shoulder portion of the abutment structure (spacing between 54 and 50 shown in right figure Fig. 9 where 49 separates them), when the housing cavity of the housing receives the intermediate insert and the female recess of the intermediate insert receives the male member of the abutment structure (assembled right figure Fig. 9).
Allowable Subject Matter
Claims 32-40, 42-47 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of Allen shows most of the structure, but fails to show a shoulder portion positioned apical of the male member and projecting radially beyond the male member that abuts the flange portion of the intermediate insert, and it would not have been obvious to do so as this would prevent functionality of the Allen prior art. Other prior art of Engman does not discuss the inclusion of a retention insert having the limitations as claimed to be utilized with the abutment structure that also supports the intermediate insert.
Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive.
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., “screwing the coping to the abutment” and “a threaded screw socket in the abutment” [emphasis added]) are not recited in the rejected claims. 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).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW NELSON whose telephone number is (571)270-5898. The examiner can normally be reached on Monday-Friday 7:30am-5:00pm EDT.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eric Rosen, at (571) 270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW M NELSON/Primary Examiner, Art Unit 3772