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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
--The newly added claim language in the last three lines of claims 1,2,3,5 does not have antecedent basis in the specification.
--The newly added claim language in newly presented claims 10-13 does not have antecedent basis in the specification.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1,2,6,7,10,11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 2019 105013 (hereafter “DE ‘013”.
With regard to claim 1, DE ‘013 discloses an analog holding jig (50) comprising:
a holding portion main body (56) for holding a dental analog; and
an analog guide connecting portion (52) coupled to the holding portion main body (56) for connecting to an analog guide (30), wherein
the analog holding jig (50) is used for implanting the dental analog into a jaw part model via the analog guide (30), and the analog guide connecting portion (52) includes a disc shaped hem part and a protrusion portion protruding from the disc shaped hem part in an outer peripheral direction. See annotated figure below.
With further regard to claim 1 and the amended language presented in lines 10-12, note that the protrusion portion (see below) has a distal end and a connecting portion connecting the distal end to the disc-shaped hem part, the connecting portion having a width narrower than the distal end.
[AltContent: arrow][AltContent: textbox (Connecting portion having width narrower than distal end)][AltContent: arrow][AltContent: textbox (Distal end)][AltContent: arrow][AltContent: textbox (Disc shaped hem)][AltContent: textbox (Connecting portion)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Protrusion portion)]
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With regard to claim 2, note that DE ‘013 discloses an analog guide (30) used for implanting a dental analog into a jaw part model, comprising:
an analog guide main body (30) having a shape to be installable to the jaw part model (11); and
an analog holding jig connecting portion (see connecting portion above) disposed in the analog guide main body (30), the analog holding jig connecting portion (see above) being connected to an analog
guide connecting portion (52) of an analog holding jig (50) to cause the dental analog held to the analog holding jig (50) to face an analog installation position of the jaw part model wherein the analog guide connecting portion (52) includes a disc shaped hem and a protruding portion (see above) projecting from the hem part in an outer peripheral direction, and the analog holding jig connecting portion (see above) having a depression (38) corresponding to the disc shaped hem part and the protrusion portion.
With further regard to claim 2 and the amended language presented in lines 15-17, note that the protrusion portion (see above annotated figure) has a distal end and a connecting portion connecting the distal end to the disc-shaped hem part, the connecting portion having a width narrower than the distal end.
[AltContent: arrow][AltContent: textbox (Coupling portion)][AltContent: arrow][AltContent: textbox (Depression which corresponds to the projections of the disc shaped hem.)]
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With regard to claims 6 and 7, note that the holding portion main body (56) includes an engaging portion 42 that engages with with the dental analog.
With regard to claim 7, note that the analog guide main body (30) includes: crown engaging portions (42, on either side) adjacent to the analog holding jig connecting portion and for engaging with a crown portion; and a coupling portion (portion that has the depressions, see above) that couples the crown engaging portions (42) and the analog holding jig connecting portion (see above).
With regard to claims 10 and 11, note that the distal end has a rounded shape, and the connecting portion has a recessed shape. See below annotated figure.
[AltContent: arrow][AltContent: textbox (Recessed shape. Note how connecting portion bows slightly inward.)][AltContent: arrow][AltContent: textbox (Rounded shape)]
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Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 3,4,5,8,9,12,13 are rejected under 35 U.S.C. 103 as being unpatentable over DE ‘013 in view of Suttin 20140186796.
With regard to claims 3,4,5, while DE ‘013 discloses the analog guide as recited in these claims (see rejection of claims 1 and 2 above), DE ‘013 does not disclose a method of obtaining analog guide manufacturing information and method for manufacturing an implant 3D replica comprising the steps as recited in these claims.
Suttin discloses a method comprising a 3D scan image obtaining step of obtaining a 3D scan image (70) of a jaw part (20) of a patient to which a scanning jig (40) is embedded (see paragraph 29 and fig. 1); a 3D scan image analyzing step of analyzing the 3D scan image (70) of the jaw part (20 obtained in the 3D scan image obtaining step to obtain jaw part information (25’) and jig part information (40’); and an analog guide manufacturing information obtaining step of obtaining the analog guide (210) manufacturing information using the jaw part information and the jig part information obtained in the 3D scan image analyzing step.
It would have been obvious to one skilled in the art to include the steps of obtaining analog guide manufacturing information and method for manufacturing an implant 3D replica, as disclosed by Suttin, to manufacture the analog guide and implant 3D replica of DE ‘013, in view of the teaching of Suttin that such a method can be used to manufacture these types of elements used in dental modeling procedures.
With regard to claims 8 and 9, note that DE ‘013 discloses the limitations as recited in these claims. See above rejection of claims 6 and 7.
With regard to claims 12 and 13, note that the distal end has a rounded shape, and the connecting portion has a recessed shape. See below annotated figure.
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Response to Arguments
Applicant's arguments filed 3/13/26 have been fully considered but they are not persuasive.
Applicant’s arguments are all drawn to the newly presented limitations in the independent claims, which have been addressed via the modified grounds of rejection and interpretation of the DE ‘013 reference above.
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 NICHOLAS D LUCCHESI whose telephone number is (571)272-4977. The examiner can normally be reached M-F 800-430.
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/NICHOLAS D LUCCHESI/ Primary Examiner, Art Unit 3772