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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/01/2026 has been entered.
Response to Arguments
Applicant's arguments filed 07/01/2026 have been fully considered but they are not persuasive. Applicant has argued that the prior art of Aravena fails to provide for “The first screw head being sized and shaped so as to enable it to be received in the first element” by arguing that first element of Aravena is secured to the second element in a different manner, however the first element is not recited as a part of the sub-assembly and as such while Aravena may show a different type of crown is does not remove the teaching that the screw head of Aravena is by some manner disclosed as capable of being received inside some first element.
Applicant has argued that the new limitation of claim 18 directed to the first element require the screw to enter a first passage by penetration, however the use of the subassembly with such a first element arrangement does not affect the structure of the screw beyond being capable of being used with some first element with such structure. As such the screw of Aravena if used with such a first element would penetrate such passage as 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.
Applicant has argued that the ring of Aravena does not form a seat for the screw head by asserting that the seat of the screw head is formed by the element 32 of the ring, however this is not persuasive as the bottom of the screw head does seat against a top facing surface of the ring in a structural arrangement that allows the screw head to be seated against the ring. While applicant has point to paragraph [0048] that element 72 also seats against the abutment does not remove the cited structure for the seating of the screw head to the washer.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “a ring shaped to form a seat for the first screw head allows free rotation to the ring and to the second element”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant has presented arguments regarding the intended use with some possible first element however 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.
Applicant has further argued that Aravena fails to provide for the new limitation of “the first fastening screw can rotate relative to the ring when the first fastening screw is seated in the ring”, however Aravena does disclose that there is space between the sides of elements 102 and 86 allowing for a degree of rotation when the washer and screw would be in a seated contact. The argument that that when fully seated in the implant would result in no rotation would not appear to preclude the structure allowing rotation in other arrangements that fully seated as even the instant invention, when the screw would be fully secured to the implant and thus prevented from rotation at all, would not be structured to rotate relative to the washer as it would be prevented from doing so by being constrained by the screw being held in frictional contact with the threading of the implant. As such it would be that the ability to rotate results from a structure that would allow such rotation in arrangements other than a fully seated and fully screwed down arrangement. As such the cited structure of Aravena shows shape available for a degree of rotation.
The newly cited prior art of Sapian further has been cited for at least all the limitation of claim 18 as amended.
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 18-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sapian et al. (US 2006/0014120 A1).
Regarding claim 18, Sapian discloses a dental restoration (title and abstract) having a subassembly having a second element with a second through passage extending along a longitudinal axis (Fig. 8 element 20-1) including a bearing surface shaped to be able to receive in axial bearing engagement with a first element (Fig. 8 tops of element 20-1) and including a proximal end shaped to be able to come to bear axially against or shaped to be able to come to penetrate into said dental implant (fig. 8 element 70)
a first fastening screw including a first screw head from which extends a first screw shank adapted to pass through the second element (Figs 2/8 head element 48/76, shank element 46/72), being received in the second through- passage (Figs. 2/8 showing axial alignment and insertion path) and having an externally-threaded section shaped to be received by screwing in said dental implant (Figs. 2/8 element 47/74), the first screw head being sized so as to enable it to be received in said first element by axial penetration in a first passage section along a first longitudinal axis from a proximal end of the first element (Figs. 2/8 element 76 would be within element 28, the claim does not actively recite the first element as part of the claim),
a ring shaped to form a seat for the first screw head and shaped to be mounted on and retained in said first element (Figs. 2/8 element 54/84),
wherein: said second element includes at least one second rotation indexing member shaped to block rotation of said first element relative to the second element about the second longitudinal axis (Il-Il) (Figs. 1/10 show how a second rotation indexing member such as fig. 8 elements 26 functions to prevent rotation when a first element would be attached) and includes a third rotation indexing member (fig. 2/8 elements 22),
the ring includes at least one fourth rotation indexing member (Fig. 2 elements 54),
the third rotation indexing member and the fourth rotation indexing member are shaped to interlock by axial inter-penetration along the second longitudinal axis (Il-II) when the second element and the ring are in a penetration orientation relative to one another about the second longitudinal axis (Il-II) so that in an interlocked position the third rotation indexing member and the fourth rotation indexing member block rotation of the ring relative to the second element about the second longitudinal axis (fig. 1 showing inter penetration along the long axis of elements 54 and 22, paragraph [0034] all disclosing elements 54 are interpenetrate with elements 22 ),
and wherein the first fastening screw can rotate relative to the ring when the first fastening element is seated in the ring (Figs. 1/2 when element 48 would be seated against the top of element 54 is would still be able to rotate relative to the ring, this interpretation is best understood as when the screw would not be fully seated into the implant as then the screw would not be able to rotate relative to the ring which would also be the situation with the instant disclosure, such as Fig. 19 of the instant application showing that the head would not be able to rotate relative to the ring 11 when the screw would be fully seated in the implant 2).
Regarding claim 19, Sapian discloses where the ring is captive on the shank of the first screw (Fig. 1 showing the ring 54 would be captive of the shank when O-rings 50 are in place).
Regarding claim 20, Sapian discloses wherein the third rotation indexing member and the fourth rotation indexing member comprise on one of the ring or the second element at least on longitudinal fin (Figs. 2 on the ring being elements 54 between elements 56) and on the other of the ring or the second element a cylindrical section with a tubular lateral wall including at least one longitudinal slot adapted to receive said at least one longitudinal fin (Fig. 2 inside of element 50 being tubular with a longitudinal slots at 22).
Regarding claim 21, Sapian further discloses where the at least one second rotation indexing member comprises a radial projection at the periphery of a cylindrical section of the second element (Figs. 2/8 projections formed between elements 26 along the cylindrical section of 20).
Regarding claim 22, Sapian further discloses where the ring comprises a radial protuberance at the periphery of the ring (Fig. 2 element 54 showing a fin having a radial protuberance shape).
Regarding claim 23, Sapian further discloses whereon the second element said radial projection and the longitudinal slot or fin are offset angularly relative to one another about the second longitudinal axis (Figs. 2/8 at least one of the slots of between 22 are offset from the projections between elements 26).
Claims 18-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aravena et al. (US 2003/0224330 A1).
Regarding claim 18, Aravena discloses a dental restoration (title and abstract) having a subassembly having a second element with a second through passage extending along a longitudinal axis (Fig. 2 element 12) including a bearing surface shaped to be able to receive in axial bearing engagement with a first element (Fig 2 elements or the out surface of 12 including 21) and including a proximal end shaped to be able to come to bear axially against or shaped to be able to come to penetrate into said dental implant (fig. 2 element 24)
a first fastening screw including a first screw head from which extends a first screw shank adapted to pass through the second element (Fig 3 head element 60, shank element 68), being received in the second through- passage (Fig. 8) and having an externally-threaded section shaped to be received by screwing in said dental implant (Fig. 3 element 64), the first screw head being sized so as to enable it to be received in said first element by axial penetration in a first passage section along a first longitudinal axis from a proximal end of the first element (Fig. 1 element 14 would be within element 18 and would be able to axial penetrate some first element with such a first passage along a longitudinal axis, the instant claims do not actively recite the first element as part of the claim and as such is not a structural requirement to be present in the prior art only that the screw would be able to function as claimed when used with some possible first element with a first passage with an axis),
a ring shaped to form a seat for the first screw head and shaped to be mounted on and retained in said first element (Fig. 8 element 76),
wherein: said second element includes at least one second rotation indexing member shaped to block rotation of said first element relative to the second element about the second longitudinal axis (Il-Il) (Fig. 8 shape of element 22 functions to prevent rotation when crown would be attached) and includes a third rotation indexing member (fig. 2 elements 31),
the ring includes at least one fourth rotation indexing member (Fig. 5 element 88),
the third rotation indexing member and the fourth rotation indexing member are shaped to interlock by axial inter-penetration along the second longitudinal axis (Il-II) when the second element and the ring are in a penetration orientation relative to one another about the second longitudinal axis (Il-II) so that in an interlocked position the third rotation indexing member and the fourth rotation indexing member block rotation of the ring relative to the second element about the second longitudinal axis (fig. 9 showing inter penetration along the long axis of elements 88 and 31),
and wherein the first fastening screw can rotate relative to the ring when the first fastening element is seated in the ring (Fig. 10 showing space between the sides of elements 102 and 86 allowing for a degree of rotation even when fully seated).
Regarding claim 19, Aravena discloses where the ring is captive on the shank of the first screw (Fig. 4/5 showing that the ring 55 once threaded over 64 by the ring threads 92 onto the shank 53 is captive).
Regarding claim 20, Aravena discloses wherein the third rotation indexing member and the fourth rotation indexing member comprise on one of the ring or the second element at least on longitudinal fin (Figs. 5 on the ring being element 86/88) and on the other of the ring or the second element a cylindrical section with a tubular lateral wall including at least one longitudinal slot adapted to receive said at least one longitudinal fin (Fig. 2 inside of element 26 being tubular with a longitudinal slot 31, paragraph [0044] all).
Regarding claim 21, Aravena further discloses where the at least one second rotation indexing member comprises a radial projection at the periphery of a cylindrical section of the second element (Fig. 8 cylinder end of 22 having radial projections formed by 21).
Regarding claim 22, Aravena further discloses where the ring comprises a radial protuberance at the periphery of the ring (Fig. 7 element 88 showing a fin having a radial protuberance shape).
Regarding claim 23, Aravena further discloses whereon the second element said radial projection and the longitudinal slot or fin are offset angularly relative to one another about the second longitudinal axis (Fig. 8 at least one of the slots of 31 are offset from 21 on the left side of 22 where 21 are not formed).
Regarding claim 24, Aravena further discloses where the second through-passage of the second element includes a seat for the a head of a second screw adapted to pass through the second element being received in the second through-passage to be screwed into the dental implant (Fig. 8 element 32 being a seat for a screw head), and a distal internal thread adapted to receive a third screw enabling fixing to the second element of a temporary through-fixed element (Fig. 2 element 29 being an internal threaded section adapted to receive threaded screws).
Regarding claim 25, Aravena further discloses where the assembly further comprises at least one temporary through-fixed element of a healing part with a lateral wall which would be shaped to come at least in part into contact with the gums (paragraph [0011] line 3, paragraph [0038] lines 2-6 disclosing healing collars and healing abutments), or an impression taking part shaped to be scanned intra-orally and/or over-molded in an impression taking compound (paragraph [0038] lines 2-6 disclosing dental copings, analogs and cuffs which would be able to be scanned or molded) and/or a temporary dental prosthesis (Fig. 1 element 18, paragraph [0038] lines 6 disclosing prosthesis, the term temporary being an intended use).
Regarding claim 26, Aravena further discloses where the temporary through fixed element would be indexed in rotation on the second element (paragraph [0038] lines 1-6 disclosing healing collars and healing abutments, copings, analogs, abutments etc. that would be in a rotation index with element 2 due to the anti-rotation shape of 22 at 21).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892.
US 2018/01852123 Kaup has similar second element structure.
US 20080241790 Gittleman having similar ring structure at fig. 6 element 6
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW P SAUNDERS whose telephone number is (571)270-3250. The examiner can normally be reached M-F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571) 270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.P.S/ Examiner, Art Unit 3772 07/10/2026
/EDELMIRA BOSQUES/ Supervisory Patent Examiner, Art Unit 3772
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