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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1 January 2026 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.
Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Tschopp et al. (WO 2020104684 A1) in view of Cai et al. (CN 206309529 U).
[AltContent: arrow][AltContent: textbox (Non threaded upper portion)][AltContent: arrow][AltContent: textbox (Second threaded portion)][AltContent: textbox (Implant screw)][AltContent: arrow][AltContent: textbox (Screw)][AltContent: arrow][AltContent: textbox (Abutment portion)][AltContent: arrow][AltContent: textbox (Elongated extension portion)]
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[AltContent: arrow][AltContent: textbox (Fifth threaded portion)][AltContent: textbox (Screw bore and wall surrounding the screw bore)][AltContent: ][AltContent: textbox (Fig. 15 zoomed portion)][AltContent: arrow][AltContent: textbox (Elongated extension portion)][AltContent: ][AltContent: textbox (Inverted conical portion)][AltContent: arrow][AltContent: textbox (Abutment portion)]
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[AltContent: textbox (Implant screw)][AltContent: arrow][AltContent: textbox (First threaded portion)][AltContent: arrow][AltContent: textbox (Conical bottom portion)][AltContent: ][AltContent: arrow][AltContent: textbox (Elongated extension portion)][AltContent: textbox (Socketed top)][AltContent: ][AltContent: arrow][AltContent: textbox (Abutment portion)][AltContent: textbox (Multi-unit abutment apparatus)][AltContent: ]
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[AltContent: ][AltContent: arrow][AltContent: connector][AltContent: ][AltContent: textbox (Screw bore for accessing an abutment screw)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Mounting portion with different conical portions)][AltContent: arrow][AltContent: textbox (Fifth threaded portion)][AltContent: textbox (Seat)][AltContent: arrow][AltContent: textbox (Off-axis angle)][AltContent: arrow][AltContent: textbox (Socketed top)][AltContent: textbox (Fig. 16 zoomed portion)]
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Regarding claims 1 and 5, Tschopp et al. a multi-unit abutment apparatus (1) (see Fig. 16 above) for placing a prosthetic tooth in the osseous bone of a dental implant patient remotely from an implant screw (10), the apparatus including:
an implant screw (10) having a first threaded portion configured for engaging and anchoring in the osseous bone (see abstract – where the system is for supporting a dental superstructure by introducing the implant screw into a zygomatic bone);
an elongated extension portion (20) configured with a conical bottom portion for engaging the implant screw (10) and having a socketed top (see annotated Fig. 16 above – where it includes a coronal superstructure interface 4);
an abutment portion (40) configured to engage the socketed top of the elongated extension portion (20) (see annotated Fig. 16 and 16 zoomed portion above);
the abutment portion (40) further including a body portion having a screw bore in axial parallel with the elongated extension portion (20) and the implant screw (10) (see annotated Fig. 16 and 16 zoomed portion above – where the axis of the screw bore can be in parallel alignment with the implant screw axis if the elongated extension portion is oriented at 0 degree with respect to the implant screw axis);
the abutment portion (40) further including a mounting portion having a seat configured for seating the prosthetic tooth (see annotated Fig. 16 zoomed portion above and page 34, 1st paragraph – where the prosthetic tooth is not in direct contact with the implant screw, but at the abutment placed on the other end of the elongated extension portion), and a fifth threaded portion configured to accept a prosthetic screw for mounting the prosthetic tooth to the abutment portion; and wherein the fifth threaded portion is between zero and sixty degrees off-axis from the elongated extension portion (20) (see annotated Fig. 16 zoomed portion – where the fifth threaded portion has an angle with respect to the longitudinal axis of the elongated extension portion); and
wherein the fifth threaded portion opens into the screw bore such that the threads of the threaded portion intersect a wall of the screw bore (see annotated Fig. 15 zoomed portion – where the fifth threaded portion extends from the angled coronal end of the conical portion towards the screw bore, furthermore, the fifth threaded portion opens the wall of the screw bore at the right side of the wall (description based on the perspective of the Fig. 15), in order for the threads of a screw engaging the fifth threaded portion is capable of been completely threaded into the right side portion of the fifth threaded portion if needed); and
wherein the seat includes a flattened portion completely surrounding both the screw bore and the fifth threaded portion (see annotated Fig. 16 and 13 zoomed portions above – where the seat can be seen surrounding the conical mounting portion that includes the screw bore and the fifth threaded portion, and said seat extends radially in a flat configuration).
However, Tschopp et al. does not disclose that the abutment portion has an anti-rotation portion configured to engage the socketed top of the elongated extension portion (20) in a non-rotational arrangement (for claim 1); and wherein the anti-rotation portion is a hex pattern and wherein the socketed top is a complimentary hex pattern (for claim 5).
[AltContent: textbox (Anti-rotation portion)][AltContent: arrow][AltContent: textbox (Top)][AltContent: ][AltContent: arrow][AltContent: textbox (Implant screw)][AltContent: arrow][AltContent: textbox (Abutment portion)]
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Cai et al. teaches a dental implant and abutment, where the abutment includes an anti-rotation portion in its distal end having a hexagonal shape along a cone surface for engagement into a top of the dental screw having a complementary surface for increasing contact areas, in this way improves the connection and stability between the two structures (see Fig. 1 above and [0018] of the translation).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the connecting portion between the abutment and the top of the elongated extension portion of Tschopp, with the anti-rotation portion of Cai, in order to avoid relative rotation between the abutment and the elongated extension portion as well as improving the connection and stability between the two structures.
Regarding claims 2-4, Tschopp/Cai discloses the claimed invention substantially as claimed, as set forth above for claim 1, and where the embodiment of Fig. 16 of Tschopp discloses that the implant screw (10) includes a first threaded portion for engaging the patient's osseous bone (see Fig. 16 above).
However, Tschopp/Cai does not disclose a second threaded portion for engaging the elongated extension portion (for claim 2); that the first threaded portion is opposite the second threaded portion (for claim 3); and that the second threaded portion includes a non- threaded upper portion configured to engage the conical bottom portion of the elongated extension portion (for claim 4).
Tschopp also teaches in Fig. 15 a similar embodiment including an implant screw (10) including in the coronal region a bore for engaging with a conical portion of the distal end of the elongated extension portion (20), in which it uses a screw (51) to maintain the elongated extension portion (20) connected with the implant screw (10) second threaded portion and to fix the desired angular orientation with respect to the implant screw (10) (see Fig. 15 above).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the implant screw coronal portion of Tschopp/Cai, with the coronal bore of the implant screw, the conical portion of the distal end of the elongated extension portion, screw and threaded connection at the end of the coronal bore of the embodiment of Fig. 15 of Tschopp, in order to provide a dental screw capable of further providing different angles with respect to the elongated extension portion.
Regarding claim 6, Tschopp/Cai discloses the claimed invention substantially as claimed, as set forth above for claim 1, and where Tschopp discloses that the screw bore includes a reduced conical circumference corresponding to a conical portion of an abutment screw configured to engage the extension portion (see annotated Fig. 15-16 – where the embodiment in Fig. 15 includes the same abutment portion and the same screw bore shape as the embodiment in Fig. 16; therefore, for examination purposes, to describe the claim subject matter, it will be used Fig. 15; the screw bore includes an inverted conical portion, that ends in its coronal end with a annular protrusion for holding the head of the abutment screw; the abutment screw includes a portion in the coronal portion having a conical shape and ending with a groove that engages the annular protrusion at the end of the inverted conical portion of the screw bore).
Regarding claim 7, Tschopp/Cai discloses the claimed invention substantially as claimed, as set forth above for claim 1, and where Tschopp discloses that the abutment portion (40) includes a mounting portion on which the prosthetic tooth seats (see annotated Fig. 16 zoomed portion – where the external surface of the abutment provides the seating means for the prosthetic tooth).
Regarding claim 8, Tschopp/Cai discloses the claimed invention substantially as claimed, as set forth above for claim 1, and where Tschopp discloses that the mounting portion has a variable conical surface (see annotated Fig. 16 zoomed portion – where the mounting portion has different conical portions surfaces, each one having a different conical angle).
Regarding claim 9, Tschopp/Cai discloses the claimed invention substantially as claimed, as set forth above for claim 8, and where Tschopp discloses that the seat surrounds the variable conical surface (see annotated Fig. 16 zoomed portion).
Regarding claim 10, Tschopp/Cai discloses the claimed invention substantially as claimed, as set forth above for claim 1, and where Tschopp discloses that the screw bore is configured such that an abutment screw engaging the elongated extension portion clears a prosthetic screw engaging the prosthetic tooth and fifth threaded portion (see annotated Fig. 16 zoomed portion).
[AltContent: textbox (First end)][AltContent: arrow][AltContent: textbox (Dental implant)][AltContent: ][AltContent: ][AltContent: textbox (Second end)][AltContent: textbox (Abutment portion)][AltContent: textbox (Abutment portion)][AltContent: textbox (Abutment portion)][AltContent: textbox (Abutment portion)][AltContent: arrow][AltContent: textbox (Abutment portion)][AltContent: arrow][AltContent: textbox (Elongated extension member)]
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[AltContent: ][AltContent: textbox (Socketed top portion)]
[AltContent: textbox (Fig. 23 zoomed portion (a))][AltContent: textbox (Conical side wall screw head)][AltContent: ][AltContent: arrow][AltContent: textbox (Fourth threaded portion of a multi-unit abutment anchoring screw)][AltContent: arrow][AltContent: textbox (Third threaded portion of the elongated extension member)][AltContent: ][AltContent: textbox (Second end)][AltContent: arrow][AltContent: textbox (Abutment portion)]
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[AltContent: ][AltContent: textbox (First conical portion and the complimentary conical portion)][AltContent: textbox (Second threaded portion of the dental implant screw)][AltContent: arrow][AltContent: textbox (First threaded portion of the elongated extension member)][AltContent: arrow][AltContent: arrow][AltContent: textbox (First end)][AltContent: textbox (Fig. 23 zoomed portion (b))]
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Regarding claim 11, Tschopp/Cai discloses an extension apparatus for spanning a dental implant screw and a multi-unit abutment for placing one or more prosthetic teeth in the osseous bone of a dental implant patient remotely from one or more implant screws, the apparatus including:
an elongated extension member (20) having a first end and a second end (see annotated Fig. 23, 23 zoomed portion (a) and 23 zoomed portion (b) above);
the first end including a first threaded portion configured for engaging and anchoring in a second threaded portion of the dental implant screw (see annotated Fig. 23 and 23 zoomed portion (b));
the first end further including a first conical portion adjacent the first threaded portion, wherein the first conical portion is configured such that it engages over its entirety a complimentary conical portion in the dental implant screw adjacent the second threaded portion (see annotated Fig. 23 zoomed portion (b) above);
the second end including a socketed top portion with a third threaded portion configured to receive a fourth threaded portion of a multi-unit abutment anchoring screw (53) (see annotated Fig. 23 zoomed portion (a) above); and
the fifth threaded portion is between zero and sixty degrees off-axis from the elongated extension member (20) (see annotated Fig. 23 and 15-16 – where the element 40 used in Fig. 23 is also shown in more detailed in Fig. 15 and 16; and where the fifth threaded member annotated Fig. 15 above has an angle with respect to the longitudinal axis of the elongated extension portion); and
wherein the fifth threaded portion opens into the screw bore such that the threads of the threaded portion intersect a wall of the screw bore (see annotated Fig. 15 zoomed portion – where the fifth threaded portion extends from the angled coronal end of the conical portion towards the screw bore, furthermore, the fifth threaded portion opens the wall of the screw bore at the right side of the wall (description based on the perspective of the Fig. 15), in order for the threads of a screw engaging the fifth threaded portion is capable of been completely threaded into the right side portion of the fifth threaded portion if needed); and
wherein the seat includes a flattened portion completely surrounding both the screw bore and the fifth threaded portion (see annotated Fig. 16 and 13 zoomed portions above – where the seat can be seen surrounding the conical mounting portion that includes the screw bore and the fifth threaded portion, and said seat extends radially in a flat configuration).
However, Tschopp does not disclose that the socketed top portion further including a polygonal configuration to prevent rotation of the multi-unit abutment relative to the elongated extension member.
Cai et al. teaches a dental implant and abutment, where the abutment includes an anti-rotation portion in its distal end having a polygonal configuration in the form of a hexagonal shape along a cone surface for engagement into a top of the dental screw having a complementary surface for increasing contact areas, in this way improves the connection and stability between the two structures (see Fig. 1 above and [0018] of the translation).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the connecting portion between the abutment and the top of the elongated extension portion of Tschopp, with the anti-rotation portion of Cai, in order to avoid relative rotation between the abutment and the elongated extension portion as well as improving the connection and stability between the two structures.
Regarding claim 12, Tschopp/Cai discloses the claimed invention substantially as claimed, as set forth above for claim 11, and where Tschopp discloses that the dental implant screw abuts the first end of the elongated extension portion when fully engaged thereto (see annotated Fig. 23 zoomed portion (b) above).
Regarding claim 13, Tschopp/Cai discloses the claimed invention substantially as claimed, as set forth above for claim 11, and where Tschopp discloses that the multiunit abutment abuts the second end of the elongated extension portion when fully engaged thereto (see annotated Fig. 23 zoomed portion (a) above).
Regarding claim 14, Tschopp/Cai discloses the claimed invention substantially as claimed, as set forth above for claim 11, and where Tschopp discloses that the multi-unit abutment anchoring screw has a screw head with a conical sidewall (see annotated Fig. 23 zoomed portion (a) above).
Claims 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Tschopp et al. (WO 2020104684 A1) in view of Cai et al. (CN 206309529 U), in further view of Misch et al. (WO 9803130 A1).
Regarding claims 15 and 19, Tschopp et al. discloses a multi-unit abutment apparatus, the apparatus including:
an implant screw (10), each having a first threaded portion (see annotated Fig. 16 above);
an elongated extension portion (20), configured with a conical bottom portion for engaging the implant screw (10) and having a socketed top (see annotated Fig. 16 zoomed portion above);
a plurality of abutment portions (40), configured to engage the socketed top of the elongated extension portion (see annotated Fig. 16 and 16 zoomed portion above);
where the abutment portion further includes a body portion having a screw bore in axial parallel with the elongated extension portion (20) and the implant screw (10) (see annotated Fig. 16 and 16 zoomed portion above – where the axis of the screw bore can be in parallel alignment with the implant screw axis if the elongated extension portion is oriented at 0 degree with respect to the implant screw axis);
the abutment portion further including a mounting portion having a seat configured for seating the prosthetic tooth see annotated Fig. 16 zoomed portion above and page 34, 1st paragraph – where the prosthetic tooth is not in direct contact with the implant screw, but at the abutment placed on the other end of the elongated extension portion), and a fifth threaded portion configured to accept a prosthetic screw for mounting the prosthetic tooth to the abutment portion; and wherein the fifth threaded portion is between zero and sixty degrees off-axis from the elongated extension portion (20) (see annotated Fig. 16 zoomed portion – where the fifth threaded portion has an angle with respect to the longitudinal axis of the elongated extension portion); and
wherein the fifth threaded portion opens into the screw bore such that the threads of the threaded portion intersect a wall of the screw bore (see annotated Fig. 15 zoomed portion – where the fifth threaded portion extends from the angled coronal end of the conical portion towards the screw bore, furthermore, the fifth threaded portion opens the wall of the screw bore at the right side of the wall (description based on the perspective of the Fig. 15), in order for the threads of a screw engaging the fifth threaded portion is capable of been completely threaded into the right side portion of the fifth threaded portion if needed); and
wherein the seat includes a flattened portion completely surrounding both the screw bore and the fifth threaded portion (see annotated Fig. 16 and 13 zoomed portions above – where the seat can be seen surrounding the conical mounting portion that includes the screw bore and the fifth threaded portion, and said seat extends radially in a flat configuration).
However, Tschopp et al. does not disclose that the abutment portion has an anti-rotation portion configured to engage the socketed top of the elongated extension portion in a non-rotational arrangement, and that the multi-unit abutment apparatus is a kit including a plurality of implant screws, a plurality of elongated extension portions and abutment portions (for claim 15); and that each of the anti-rotation portions is a hex pattern and wherein the socketed top is a complimentary hex pattern (for claim 19).
Cai et al. teaches a dental implant and abutment, where the abutment includes an anti-rotation portion in its distal end having a hexagonal shape along a cone surface for engagement into a top of the dental screw having a complementary surface for increasing contact areas, in this way improves the connection and stability between the two structures (see Fig. 1 above and [0018] of the translation).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the connecting portion between the abutment and the top of the elongated extension portion of Tschopp, with the anti-rotation portion of Cai, in order to avoid relative rotation between the abutment and the elongated extension portion as well as improving the connection and stability between the two structures.
However, Tschopp/Cai do not disclose the multi-unit abutment apparatus is a kit including a plurality of implant screws, a plurality of elongated extension portions and abutment portions.
Misch et al. teaches an implant kit including an abutment mount and implant and an abutment screw, where the abutment can be used as a mounting tool (see abstract).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the multi-unit abutment apparatus of Tschopp/Cai, with the kit of Misch, in order to provide all the structures necessary for the implantation of a dental screw and for holding a dental prosthesis in one kit.
However, Tschopp/Cai/Misch do not disclose that the kit includes a plurality of implant screws, a plurality of elongated extension portions and abutment portions.
On the other hand, the mere duplication of part has no patentable significance unless a new and unexpected result is produced.
Regarding claim 16-18, Tschopp/Cai/Misch discloses the claimed invention substantially as claimed, as set forth above for claim 15, and where the embodiment of Fig. 16 of Tschopp discloses that the implant screw (10) includes a first threaded portion for engaging the patient's osseous bone (see Fig. 16 above).
However, Tschopp/Cai/Misch does not disclose a second threaded portion for engaging the elongated extension portion (for claim 16); that the first threaded portion is opposite the second threaded portion (for claim 17); and that the second threaded portion includes a non- threaded upper portion configured to engage the conical bottom portion of the elongated extension portion (for claim 18).
Tschopp also teaches in Fig. 15 a similar embodiment including an implant screw (10) including in the coronal region a bore for engaging with a conical portion of the distal end of the elongated extension portion (20), in which it uses a screw (51) to maintain the elongated extension portion (20) connected with the implant screw (10) second threaded portion and to fix the desired angular orientation with respect to the implant screw (10) (see Fig. 15 above).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the implant screw coronal portion of Tschopp/Cai/ Misch, with the coronal bore of the implant screw, the conical portion of the distal end of the elongated extension portion, screw and threaded connection at the end of the coronal bore of the embodiment of Fig. 15 of Tschopp, in order to provide a dental screw capable of further providing different angles with respect to the elongated extension portion.
Regarding claim 20, Tschopp/Cai/Misch discloses the claimed invention substantially as claimed, as set forth above for claim 15, and where Tschopp discloses that the screw bore includes a reduced conical circumference corresponding to a conical portion of an abutment screw configured to engage the elongated extension portion (see annotated Fig. 15-16 – where the embodiment in Fig. 15 includes the same abutment portion and the same screw bore shape as the embodiment in Fig. 16; therefore, for examination purposes, to describe the claim subject matter, it will be used Fig. 15; the screw bore includes an inverted conical portion, that ends in its coronal end with a annular protrusion for holding the head of the abutment screw; the abutment screw includes a portion in the coronal portion having a conical shape and ending with a groove that engages the annular protrusion at the end of the inverted conical portion of the screw bore).
Response to Arguments
Applicant's arguments filed 1 January 2026 have been fully considered but they are not persuasive.
Regarding claims 1, 11 and 15, applicant argues that the combination of the prior arts of Tschopp and Cai is not obvious.
The Office disagrees, the prior art of Tschopp discloses a multipart implant system for implantation into a zygomatic bone. Furthermore, it is disclosed that the orientation of each component is required in order the facilitate the replacement of the tooth and any intermediate component of the system (see page 4, 2nd paragraph). At the same time Tschopp discloses that the angulation (orientation) between the components can be adjusted relative to each other using at least one of the components to have indexing means (see page 5, 2nd paragraph).
It is understood that said indexing is usually identified as having a shape that also provides an anti-rotation capability.
Therefore, adding the indexing/anti-rotation portion in the abutment portion from prior art of Cai to engage the socketed top of the elongated extension portion of Tschopp for a non-rotational engagement does not destroy the prior art of Tschopp, but it is in the general scope of possibilities of the invention in a more specific location.
Even when the application and intended use of the dental implants of Tschopp is different from the dental implant of Cai, both uses an abutment in connection with the implant for holding a prosthesis. Furthermore, the combination does not destroy the prior art of Tschopp, but provides a dental implant where the component having an indexing portion is placed on the abutment portion, in this way improving the dental implant of Tschopp by avoiding relative rotation between the abutment and the elongated extension portion as well as improving the connection and stability between the two structures, as indicated in the rejection.
The applicant argues that the prior arts do not teach that the dental implant is for fracture extraction, reverse threads, or back-out tools.
The arguments are moot, because the claims do not even indicate the intended use mentioned in the present remarks.
Regarding the added language in the claim, it is understood that it is found in the prior art of Tschopp as explained above in the rejection.
The Office understands that the combination of Tschopp and Cai is proper and will be maintained.
Therefore, for all the reasons given above, it is concluded that the present set of claims is not ready for allowance.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRAYDA ARLENE APONTE whose telephone number is (571)270-1933. The examiner can normally be reached M-F 8-5.
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/MIRAYDA A APONTE/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772