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 .
REQUIREMENT FOR UNITY OF INVENTION
Claims 27-34 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/27/2026.
Applicant’s election without traverse of Group I directed to claims 18-26 in the reply filed on 02/27/2026 is acknowledged.
Response to Arguments
Applicant's arguments filed 02/27/2026 have been fully considered but they are not persuasive. Applicant has argued that the prior art of Aravena fails to provide for the limitation of “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(II_II)” nor that the first fastening screw can rotate relative to the ring by stating that the elements 31 and 86/88 are not rotation indexing members and that they do not prevent the ring 55 from rotating relative to the second element and would prevent the ring from rotation relative to the screw, however this is not persuasive as when only element 86/88 would be received in the “locking members” cited element 31, 86/88 would indeed be interlocked to block rotation of the ring in relation to the second element without additional force. The claim limitations are only directed to a structure of a device and not to its method of use and as such the structure of Aravena does disclose structure arranged such that the ring 55 with the third rotation indexing members 86/88 would be received longitudinally into locking member 31 and would at that point be at a interlocking indexing relation. This interlocked arrangement of 86/88 and 31 would also be possible when the ring element 55 would only be received around the shaft 62 of the fastening screw and thus would allow the first fastening screw 14 to freely rotate inside the ring 55 before elements 86 would interact with elements 80. As such the structure as claimed in provided for by the prior art of Aravena.
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 18-26 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 (Fig. 1 element 14 would be within element 18),
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 (Fig. 4 when element 55 is only surrounding element 62 the fastening screw would rotate relative to the ring, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex Parte Masham, 2 USPQ F.2d 1647 (1987).).
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.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/M.P.S/Examiner, Art Unit 3772 03/09/2026
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772