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 .
Election/Restriction
2. Applicant’s election without traverse of Group I, claims 1-13, in the reply filed on 12/17/2025 is acknowledged.
Claims 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 112
3. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
4. Claims 3-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 3 recites “manufacturing the cement applicator using the second convex surface”. It is unclear how this step come about to manufacture the cement applicator using its own second convex surface. Note that claim 1 recites “the cement applicator comprises a second convex surface” (claim 1 lines 9-10).
Dependent claims 4-7 are rejected herein based on dependency.
Claim Rejections - 35 USC § 102
5. 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.
6. Claims 1-3, 8-9, and 12-13, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wadhwani et al. (Technique For Controlling The Cement For An Implant Crown. Journal of Prosthetic Dentistry 2009; 102: 57-58).
Regarding claim 1, Wadhwani et al. discloses a method of applying dental cement to a concave surface of a dental restoration element, wherein the concave surface of the dental restoration element is configured to mate with a first convex surface of a dental mounting structure (abutment) such that there is a dental cement gap between the concave surface and the first convex surface, wherein the dental cement gap is configured to receive the dental cement to cement the dental restoration element to the dental mounting structure (page 57 columns 1-2 “PTFE tape proves a space of approximately 50 um, which represents the cement space”), wherein the method comprises:
receiving the dental restoration element (page 57 PROCEDURE steps 1-3 “implantation restoration and abutment complex”);
receiving a cement applicator (page 57 column 2 “a copy abutment with smaller dimensions…”; page 58 steps 4-5 “VPS model”),
wherein the cement applicator/VPS model comprises a second convex surface, wherein the second convex surface is a transformation of the first convex surface (of abutment) such that it is shrunk by a reduction factor (page 57 column 2 “a copy abutment with smaller dimensions…”; page 57 column 2 “PTFE tape proves a space of approximately 50 um, which represents the cement space”),
applying the dental cement to the concave surface (page 58 step 6 “use the luting agent… and line the intaglio of the implant restoration”);
inserting the second convex surface of the cement applicator into the concave surface of the dental restoration element (page 58 step 6 “place the crown onto the VPS model”), and
removing the cement applicator from the dental restoration element to provide the dental restoration element with the applied dental cement (page 58 step 7 “Remove the crown from the VPS model”).
As to claim 2, Wadhwani discloses inserting the first convex surface of the dental mounting structure (abutment) into the concave surface of the dental restoration element after removing the cement applicator to attach the dental restoration element to the dental mounting structure (step 8 “Place the implant restoration onto the implant abutment. Note that there should be little or no excess cement”).
As to claim 3, the method further comprises manufacturing the cement applicator using the second convex surface (Procedure steps 1-5: the making of the VPS material to be the cement applicator as claimed).
As to claim 8, Wadhwani et al. in Fig. B (page 57) shows the cement applicator/VPS copy comprises an edge groove (e.g. vertical groove, or marginal groove) configured to increase a spacing between the concave surface and the second convex surface at an entrance region of the concave surface when the second convex surface is installed in the concave surface.
As to claim 9, Wadhwani et al discloses applying the dental cement to the concave surface or to the second convex surface of the applicator before inserting the second convex surface of the cement applicator into the concave surface wherein the method further comprises removal of excess dental cement using the cement applicator to displace the excess dental cement (page 58 Step 6 “Use the luting agent… and line the intaglio of the implant restoration, then place the crown onto the VPS model and wipe off the excess cement”).
As to claim 12, Wadhwani et al. discloses the second convex surface of the VPS model being formed of vinyl polysiloxane which has low surface energy and hydrophobic properties which are translated to a non-stick surface. Furthermore, Wadhwani et al. discloses the VPS model having the PTFE tape thereon (page 8 step 5 “the VPS material along with the PTFE”), making its second convex surface non-stick.
As to claim 13, Wadhwani et al. discloses the VPS copy may include irregularities or having grooves (page 57 Fig. B “irregularities should be noted”) which are equivalent to the porous surface as claimed.
Claim Rejections - 35 USC § 103
7. 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.
8. Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Wadhwani et al. in view of Fisker et al. (US 2012/0065943).
Wadhwani et al. discloses the invention substantially as claimed as applied to claim 3 as detailed above. However, Swadhwani et al. fails to discloses manufacturing the cement applicator using a rapid prototyping machine and based on digital models obtained by intraoral scanner.
As to claims 4-7, Fisker et al. discloses a dental restoration element 23 with a concave surface for mating with a first convex surface of a dental mounting structure 21 (Fig. 2; ¶0108] “post and core 21… crown 23”), wherein a physical working model thereof can be manufactured using a rapid prototyping machine (¶0021] “a physical working model, on which they can test and adjust a post and core model… a physical working model can be manufactured also using CAD/CAM”).
Fisker et al. discloses receiving a digital model of the concave surface of the dental restoration element 23 and receiving a digital model of the first convex surface of the dental mounting structure 21 using an intraoral scanner ([0069] “post and core model and/or the dental restoration model … supplied with intraoral scans”),
wherein the post and core model can be shrunk by a reduction factor to allow for a cement space by calculating a dispensed amount of the dental cement based on a filling volume defined by the digital models ([0056] “the post and core model can be reduced, reshaped, optimised and/or changed to allow for a cement space or cement gap, such as a cement layer… his can be provided manually, automatically and/or semi-automatically. E.g. a layer of certain predefined thickness which can be accounted for, e.g. by reducing the post and core model. The total volume of the cement space may also be calculated, possibly based on undercut removal, insertion direction…”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Swadhwani et al. by manufacturing the cement applicator (physical testing model) using CAD/CAM/rapid prototyping machine including designing digital models of the concave surface of the crown and convex surface of the dental mounting structure and calculating the cement space as defined by the digital models as taught by Fisker et al. in order to efficiently streamline CAD/CAM manufacturing of the cement applicator/testing physical model as well known in the art.
9. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Swadhwani et al. in view of Bright et al. (US 2019/0247151).
Swadhwani et al. discloses the invention substantially as claimed except for a positioning element configured to hold the second convex surface at a predetermined distance from the concave surface. Bright et al. discloses a supporting structure 11 having positioning elements 11 to hold its convex surface at a predetermined distance from the concave surface of the restoration 21 (Figs. 8-12; [0023] “bumps 11 are provided upon… outer surface 13a that extend into cement gap… to a distance such that each physically touches or engages interior surface 21a of crown 21”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Swadhwani et al. to provide the cement applicator’s second convex surface with a position element such as the bumps 11 as taught by Bright et al. in order to ensure a consistent alignment of the applicator in the crown and a consistent thickness of the cement gap.
Allowable Subject Matter
10. Claim 10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
11. Applicant’s arguments regarding Schulter et al. have been fully considered and are persuasive.
Therefore, the rejection has been withdrawn. However, upon further consideration, new grounds of rejection are made in view of Wadhwani et al., Fisker et al., and Bright et al., as detailed above. Note that Wadhwani et al. discloses the VPS model as a copy abutment with smaller dimensions which is analogous to the claimed cement applicator.
Conclusion
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAO D MAI whose telephone number is (571)270-3002. The examiner can normally be reached Mon-Fri 8:00-4:30. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached 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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/Hao D Mai/Examiner, Art Unit 3772
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