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 .
DETAILED ACTION
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.
Claim(s) 1, 2, 4, 21-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Orenstein et al. (5,120,221).
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Regarding claim 1,
Orenstein discloses a prosthesis support device (fig. 7, 13) comprising: a prosthesis support device comprising: a receiver having a first holder portion, extending between a first end of the first holder portion and a second end of the first holder portion to define a first side of the prosthesis support device, coupled to a second holder portion, extending between a first end of the second holder portion and a second end of the second holder portion to define a second side of the prosthesis support device aligned with the first side, to form a curvature of a dental-implant-receiving portion of the receiver at a first end of the prosthesis support device, the curvature correlating to an exterior surface of an occlusal facing portion of a dental implant, the receiver operable to distribute a holding force around a corresponding portion of the dental implant for clinical placement of the dental implant within a patient; a gripping portion at or adjacent a second end of the prosthesis support device opposite the first end; and the curvature shaped to create a form-lock fit between the receiver and a corresponding portion of the dental implant; and a coupling mechanism operable to bring the first side of the prosthesis support device together with the second side of the prosthesis support device.
With regard the statement of intended use and other functional statements (e.g. prosthetic support, “to form a curvature of a dental implant,” to distribute…a patient”), they do not impose any structural limitations on the claims distinguishable over the prior art which is capable of being used as claimed if one so desires to do so. 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.
Regarding claim 2, a circumferential profile of the receiver being less than a tooth circumference depending on a size of a tooth (see fig. above)
Regarding claim 4,
A prosthesis support device (shown above) comprising: a prosthesis support device comprising: a receiver having a first holder portion, extending between a first end of the first holder portion and a second end of the first holder portion to define a first side of the prosthesis support device, coupled to a second holder portion, extending between a first end of the second holder portion and a second end of the second holder portion to define a second side of the prosthesis support device aligned with the first side, to form a curvature of a dental implant-receiving portion of the receiver at a first end of the prosthesis support device, the curvature correlating to an exterior surface of an occlusal facing portion of a dental implant, the receiver operable to distribute a holding force around a corresponding portion of the dental implant for clinical placement of the dental implant within a patient; a gripping portion at or adjacent a second end of the prosthesis support device; and a coupling mechanism connecting the first holder portion and the second holder portion operable by a user to close or open the receiver holding or releasing the dental implant to bring the first side of the prosthesis support device together with the second side of the prosthesis support device.
Regarding claims 21-25, the second end of the first holder portion has a self-centering contour (e.g. opening 99) contours created via threads to correspond with an indent at the second end of the second holder portion, the first side is aligned substantially parallel to the second side (see fig. above), the coupling mechanism moves the first holder portion and the second holder portion from a spaced apart position to a together position; the receiver is configured/capable to fixate the dental implant with respect to three or more degrees of freedom of a predefined spatial position and orientation with respect to a position of the prosthesis support device when the dental implant is positioned in the receiver; the coupling mechanism brings the first end of the first holder portion together with the first end of the second holder portion, and the second end of the first holder portion together with the second end of the second holder portion as shown in the figure.
Claim(s) 4, 5, 6, 7, 8, 10, 11, 12, 13, 15, 17, 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by J.E. Crim and H.E. Brower (hereinafter Crim, 1,343,661).
Regarding claims 4, 5, Crim discloses a prosthesis support device (fig. 1) having a receiver having a first holder portion (e.g. 2) , extending between a first end of the first holder portion and a second end of the first holder portion to define a first side of the prosthesis support device, coupled to a second holder portion (the other ref num 2), extending between a first end of the second holder portion and a second end of the second holder portion to define a second side of the prosthesis support device aligned with the first side, to form a curvature of a dental implant-receiving portion of the receiver at a first end of the prosthesis support device, the curvature correlating to an exterior surface of an occlusal facing portion of a dental implant, the receiver operable/capable to distribute a holding force around a corresponding portion of the dental implant for clinical placement of the dental implant within a patient; a gripping portion (e.g. top portion of the device) at or adjacent a second end of the prosthesis support device; and a coupling mechanism (see jaws 2 are being coupled) connecting the first holder portion and the second holder portion operable by a user to close or open the receiver holding or releasing the dental implant capable to bring the first side of the prosthesis support device together with the second side of the prosthesis support device, wherein the coupling mechanism is a rotatable coupling mechanism that includes a double-sided threaded screw wheel (e.g. 8, 12).
Regarding claim 6, an indent (e.g. 4) at the gripping portion corresponding to fingers of a user to releasably grip the corresponding portion of the dental implant with the prosthesis support device.
Regarding claim 7, the first holder portion and the second holder portion are customized/capable to have a shape corresponding to a curvature of an exterior surface of a tooth adjacent to an implant site (see fig. 1).
Regarding claims 8, 10, a furrow (e.g. 5) disposed between the dental implant-receiving portion and the gripping portion, the furrow is operable/capable to receive a portion of a casing when the prosthesis support device is packaged.
Regarding claim 11, the dental implant-receiving portion includes an internal surface with a curve (e.g. structure holding “A”; 4) operable to grip a corresponding custom-shaped portion of the dental implant (fig. 1).
Regarding claim 12, the dental implant-receiving portion includes an outer surface with a concave curve (e.g. 5) corresponding to a tooth shape adjacent an implant site for the dental implant.
Regarding claim 13,
As addressed above, a prosthesis support device (fig. 1) including a receiver having a first holder portion, extending between a first end of the first holder portion and a second end of the first holder portion to define a first side of the prosthesis support device, coupled to a second holder portion, extending between a first end of the second holder portion and a second end of the second holder portion to define a second side of the prosthesis support device aligned with the first side, to form a curvature of an implant-receiving portion at a first end of the prosthesis support device, the curvature corresponding to an exterior surface of a tooth, the curvature operable to distribute a holding force around a corresponding portion of a dental implant for placement of the prosthesis dental implant within a patient; a gripping portion at a second end of the prosthesis support device; and a concave indent (e.g. 5) at an outer surface of the receiver corresponding to an implant site-adjacent tooth, and a coupling mechanism (e.g. 2, 3) (e.g. operable to bring the first side of the prosthesis support device together with the second side of the prosthesis support device.
Regarding claim 14, the curvature capable of matching an exterior surface curvature of the prosthesis.
Regarding claim 15, a threaded coupling mechanism (e.g. 8, 9) coupling the first holder portion to the second holder portion for adjusting a distance between the first holder portion and the second holder portion.
Regarding claim 17, one of the first holder portion or the second holder portion includes a key feature (e.g. threaded portion in fig. 1) to interlock with a corresponding inverse feature of a dental implant when the dental implant is positioned in the prosthesis support device.
Regarding claim 18, a mark/notch on the receiver (e.g. 3) indicating a predetermined orientation.
Response to Arguments
Applicant's arguments filed 07/31/2026 have been fully considered but they are not persuasive. In response to the argument regarding amended limitation, it is noted that newly added structures already exists in the art already provided as set for the above. The Examiner maintains the withdrawal of claim 9 as set forth in the previous office action.
Conclusion
THIS ACTION IS MADE FINAL. 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 Examiner Patel Yogesh whose telephone number is (571)270-3646. The examiner can normally be reached between 9 AM – 5:30 PM on Monday, Thursday and Friday.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, SPE Bosques Edelmira, at (571) 270-5614.
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/YOGESH P PATEL/ Primary Examiner, Art Unit 3772
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