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/Restrictions
Applicant's election with traverse of the species unity of invention restriction in the reply filed on October 20, 2025 is acknowledged. The traversal is on the ground(s) that the prior art of Fischler does not disclose that the “clip structure is locked in the liaising position when the occlusal head portion of the screw arrangement is received in the head socket section of the axial bore of the coupling sleeve” as the present application discloses that the liaising position is a position with no force or influence acting on the structure. This is not found persuasive because the claim does not define the liaising position or recite and therefore require that the liaising position is a position with no force or influence on the acting structure. Therefore, the limitations as claimed are met by the prior art of Fischler as described in the Restriction requirement which examiner maintains is proper.
The requirement is still deemed proper and is therefore made FINAL.
Claims 11 and 12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on October 20, 2025.
Claim 6 is withdrawn from further consideration by the examiner pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. The “conical seat” and “cone section” are not features of the elected embodiment of Figures 1-9 and are seen in Figures 14-15. Applicant timely traversed the restriction (election) requirement in the reply filed on October 20, 2025.
Claim Rejections - 35 USC § 112
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.
Claims 1-5, 7-10, and 13-26 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 1, it is unclear what comprises “the coupling sleeve” as recited in line 5. Is the “coupling sleeve” as claimed referring to the assembly itself, or the post body, or another element not clearly claimed? For the purpose of examination, the examiner will interpret this limitation broadly.
All claims not specifically addressed above are rejected based on their dependency on Claim 1.
Claim 16 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “essentially identical” in claim 16 is a relative term which renders the claim indefinite. The term “essentially identical” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purpose of examination, and as this limitation is not shown to be critical in light of the specification (see [0034] where it is disclosed that the threads can be “similar, essentially identical, or at least compatible”), the term “essentially identical” will be interpreted broadly.
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, 7-10, and 20-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fischler (WO 2018/060194 A1).
Regarding Claim 1, Fischler discloses an abutment assembly for connecting a dental restoration to a dental implant (Figure 4, 1), comprising a post body (Figure 3, 2) and a screw arrangement (Figure 2, 3), where the post body has an apical aperture and an occlusal aperture ([0009]) and an axial passage extending between the apical aperture and the occlusal aperture (Figure 4, 412), and where the screw arrangement has an occlusal head portion (top of element 4 as seen in Figure 3) and an apical fastening thread portion (Figure 2, 32), comprising a coupling sleeve (Figure 1, 22), where the coupling sleeve has an apical opening (Figure 1, 212) and an occlusal opening (Figure 1, 21), with an axial bore extending between the apical opening and the occlusal opening (described in [0049]), and a clip structure (Figure 1, 23) configured to elastically deform from a liaising position (as seen in Figure 7) to an intermediate position (Figure 6), where the axial bore of the coupling sleeve is equipped with a head socket section (231) configured to receive the occlusal head portion of the screw arrangement, and wherein the coupling sleeve is configured such that the clip structure is locked in the liaising position when the occlusal head portion of the screw arrangement is received in the head socket section of the axial bore of the coupling sleeve (as seen in Figure 7).
Regarding Claim 2, Fischler discloses the abutment assembly of claim 1, and further discloses that the clip structure of the coupling sleeve is configured to be elastically deformed towards the axial bore in the intermediate position (as seen in Figures 6 and 7).
Regarding Claim 7, Fischler discloses the abutment assembly of claim 1, and further discloses that the coupling sleeve comprises an essentially rigid frame portion (Figure 1, 231) and the clip structure of the coupling sleeve has a clipping arm (211) extending from the frame portion of the coupling sleeve.
Regarding Claim 8, Fischler discloses the abutment assembly of claim 7, and further discloses that the frame portion of the coupling sleeve has a lateral window (Figure 1, 21) into which the clipping arm of the clip structure of the coupling sleeve extends.
Regarding Claim 9, Fischler discloses the abutment assembly of claim 7, and further discloses that the clipping arm is elastically deformable towards an axis of the coupling sleeve (as seen in Figure 6).
Regarding Claim 10, Fischler discloses the abutment assembly of Claim 1 and further discloses that the clip structure of the coupling sleeve has a bulge (2321) forming a laterally outermost section of the coupling sleeve in the liaising position (as seen in Figures 6 and 7).
Regarding Claim 20, Fischler discloses the abutment assembly of Claim 1 and further discloses a dental implant (5) with a socket configured to receive the apical fastening thread portion of the screw arrangement (as seen in Figure 3).
Regarding Claim 21, Fischler discloses the abutment assembly of claim 20, and further discloses that the post body has a cone portion (214) and the socket of the dental implant has a conical entry section configured to abut the cone portion of the post body (as seen in Figure 3, cone portion 214 abuts the cone portion of the post body via cylinder 221 as described in [0056]).
Regarding Claim 22, Fischler discloses the abutment assembly of claim 1, and further discloses that the clip structure of the coupling sleeve is configured to provide a snap-fit connection between the coupling sleeve and the dental restoration (as described in [0051-0052]).
Regarding Claim 23, Fischler discloses the assembly of claim 1, and further discloses a dental restoration (Figure 3, 4) having a cavity (41) configured to receive the clipping structure of the coupling sleeve to connect the coupling sleeve to the dental implant (as seen in Figure 4).
Regarding Claim 24, Fischler discloses the abutment assembly of claim 23, and further discloses that the cavity of the dental restoration comprises a stem section (central portion of 41) and a cave section (411) radially protruding the stem section (as seen in Figure 3).
Regarding Claim 25, Fischler discloses the abutment assembly of claim 24, and further discloses that the cavity of the dental restoration and the coupling sleeve are arranged such that the clip structure of the coupling sleeve can pass through the stem section of the cavity of the dental restoration when the clip structure of the coupling sleeve is in the intermediate position, and the clip structure of the coupling sleeve cannot pass through the stem section of the cavity of the dental restoration when clip structure of the coupling sleeve is in the liaising position (as seen in Figures 5-7).
Regarding Claim 26, Fischler discloses the abutment assembly of claim 23, and further discloses that the dental restoration has an abutting section (ridge of 41) and the post body has a corresponding shoulder portion (top of 234) configured to abut the abutting section of the dental restoration (as seen in Figure 7).
Claims 1 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berger (WO 2020/212968 A1).
Regarding Claim 1, Berger discloses an abutment assembly for connecting a dental restoration to a dental implant (Figure 1E), comprising a post body (Figure 1F, 41) and a screw arrangement (86 and 62), where the post body has an apical aperture and an occlusal aperture and an axial passage extending between the apical aperture and the occlusal aperture (as seen in Figure 1F), and where the screw arrangement has an occlusal head portion (top portion of element 86) and an apical fastening thread portion (64), and comprising a coupling sleeve (42), where the coupling sleeve has an apical opening (as seen in Figures 1F-1G) and an occlusal opening (as seen in Figures 1F-1G), with an axial bore extending between the apical opening and the occlusal opening (Figure 1G), and a clip structure (72) configured to elastically deform from a liaising position to an intermediate position (described on page 12 line 20 through page 13 line 14), where the axial bore of the coupling sleeve is equipped with a head socket section (84) configured to receive the occlusal head portion of the screw arrangement (as seen in Figure 1G, top of sleeve 86 is received by 84), and where the coupling sleeve is configured such that the clip structure is locked in the liaising position when the occlusal head portion of the screw arrangement is received in the head socket section of the axial bore of the coupling sleeve (as seen in Figure 1G).
Regarding Claim 13, Berger discloses the assembly of Claim 1, and further discloses a screw arrangement that comprises a coupling screw (86) and a fastening screw (62), where the occlusal head portion is incorporated into the coupling screw and the apical fastening thread portion is incorporated into the fastening screw (as seen in Figure 1F).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE L NELSON whose telephone number is (571)270-5368. The examiner can normally be reached M - F 7:30-4:30 PT.
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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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/CHRISTINE L NELSON/Examiner, Art Unit 3772 /EDWARD MORAN/Primary Examiner, Art Unit 3772