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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e) as follows:
Amended claim 1 states, “wherein the scan body component is a hexagonal chamfered edge scan body”. This is not disclosed in the provisional application.
Amended claim 13 states, “wherein the scan body component is a grooved conical scan body”. This is not disclosed in the provisional application.
Further, “wherein the interface of the connector component is integrally molded to the scan body component” is not disclosed in the provisional application.
Amended claim 20 states, “wherein the scan body component is also magnetically attachable to the temporary dental prosthesis”. The provisional application does not disclose the scan body component being magnetically attachable.
For the purpose of examination, the priority date for claims 1, 11, 12 -15, 20 and dependent claims 2-4, 6-11,16, 18-19 is 04/04/2023.
Claim Objections
Claims 1, and 8 are objected to because of the following informalities:
Claim 13, the first line of the sixth paragraph should be corrected to, “the connector component is configured to be inserted”.
Claim 20, line 2, “the dental implant” should be “a dental implant”.
Appropriate correction is required.
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.
Claim 20 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.
Claim 20, paragraph 3 states, “…comprising a scan body component (124) attached to a temporary prosthetic component”. It is unclear if the “temporary prosthetic component” is the same structure as the “temporary dental prosthesis” previously mentioned, as Applicant’s Specification states “ a scan body component (102) attached to a temporary dental prosthesis (104) via a plurality of temporary cylinders” (see Paragraph [0045] of Specification). For the purpose of examination, Examiner understands the temporary prosthetic component as an equivalent structure to the temporary dental prosthesis.
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.
Claim(s) 1-4, and 6-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Esteban (WO 2018150067 A1) (refer to the provided translation), in view of Thomé et al. (US 20170027667 A1), herein referred to as Thomé.
Regarding claim 1, Esteban discloses a prosthetic scan body device (1+20+21) that is configured to providea dental implant placed in an edentulous arch or span by capturing the dental implant indirectly (refer to Paragraphs [0015], [0029]; the scanbody replica (1) is accurately captured by a scanner, allowing digital recording of the implant position extraorally, thereby indirectly capturing the implant position), the prosthetic scan body device (1+20+21) comprising:
a scan body component (1); and
a plurality of temporary cylinders (20) configured to be secured to the dental implants (refer to Paragraph [0021]; the impression abutment (20) is placed on the dental implant in the patient’s mouth; the impression abutment (20) is considered temporary as the abutment is removed from the mouth after determining the inclination of the implant); and
wherein the plurality of temporary cylinders (20) are configured for securing a dental prosthesis to the dental implants (refer to Paragraph [0021]; the impression abutment (20) is structured to fit on the dental implant in the patient’s mouth, and by definition an abutment is a connecting element for joining a prosthesis to implants; therefore, the impression abutment (20) has the structure necessary to be capable of securing a dental prosthesis to the dental implants);
wherein the scan body component (1) is configured to be secured extra-orally to the plurality of temporary cylinders (20) (refer to Paragraphs [0019],[0023]; the replica (1) is adjusted over one end of the impression abutment (20) after removing the tray from the patient’s mouth); and
wherein the scan body components (1) are configured to be connected to the dental prosthesis for scanning extra-orally using an intraoral scanner or desktop scanner to derive an accurate position of the dental implants (refer to Paragraphs [0020], [0023]; the replica (1) is scanned with an intraoral or extraoral scanner where an extraoral scanner is equivalent to a desktop scanner; the replica (1) is capable of being attached to the dental prosthesis via the temporary cylinders (20), thereby enabling scanning of the dental prosthesis); and
Esteban discloses the scan body component (1) as having a chamfered edge (refer to annotated Fig. 3 below), but does not disclose wherein the scan body component (1) is a hexagonal chamfered edge scan body.
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Thomé discloses a scanbody (10) in the same field of endeavor (refer to Paragraph [0022], Fig.1A), wherein the scan body component (10) is a hexagonal chamfered edge scan body (refer to annotated Figs. 1A-1B below). The concave hexagonal surface (121+123) allows a user to determine the rotating location, in addition to position and direction for alignment of the prosthetic component with the rest of the dental arch (refer to Paragraph [0042]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the scan body (1) of Esteban with a hexagonal chamfered edge scan body (refer to annotated Figs. 1A-1B below) as taught by Thomé for superior rotational positioning of the prosthetic component (refer to Paragraph [0042]).
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Regarding claim 2, Esteban and Thomé disclose the prosthetic scan body device of claim 1; Esteban further discloses wherein the dental prosthesis and the scan body (1) component are configured to be scanned from both an intaglio surface and a cameo surface (refer to Paragraphs [0046]; the entire set (scan body (1), temporary cylinder (20) and tray with resin) can be scanned extra-orally; therefore the scan body (1), which is capable of being attached to the dental prosthesis via the temporary cylinders (20) is capable of being scanned from all angles).
Regarding claim 3, Esteban and Thomé disclose the prosthetic scan body device of claim 2; Esteban further discloses wherein the temporary cylinders (20) are configured for removing a dental prosthesis from a mouth region of a patient before attaching the scan body component (1) and scanning extraorally (refer to Paragraphs [0021], [0022]; the impression abutment (20) is removed from the mouth prior to adjusting the replica (1) over the impression abutment (20); as the impression abutment (20) is capable of securing to a dental prosthesis, the impression abutments (20) are also capable of removing a dental prosthesis).
Regarding claim 4, Esteban and Thomé disclose the prosthetic scan body device of claim 3; Esteban further discloses wherein the dental prosthesis comprises prosthetic components that are implanted as an implant level or at an abutment level (refer to Paragraph [0007], [0022]; the impression abutment (20) is a connecting element for joining a prosthesis to implants, thereby the dental prosthesis the impression abutment (20) is capable of connecting to is also at an abutment level).
Claim 5 - Canceled
Regarding claim 6, Esteban and Thomé disclose the prosthetic scan body device of claim [[5]] 4; Esteban further discloses wherein the scan body component (1) is manufactured from a polyetheretherketone (refer to Paragraph [0048]; the scan body component (1) can be manufactured from PEEK polymers).
Regarding claim 7, Esteban and Thomé disclose the prosthetic scan body device of claim 6; Esteban further discloses wherein the scan body component (1) comprises a connector component at one end (13) (refer to annotated Fig. 1A below).
Regarding claim 8, Esteban and Thomé disclose the prosthetic scan body device of claim 7; Esteban further discloses wherein the connector component (13) is configured to be inserted on the plurality of temporary cylinders (20) by a reverse connection (refer to Paragraphs [0043]; the connection area (13) of the replica (1) is the inverse of the impression abutment (20)).
Regarding claim 9, Esteban and Thomé disclose the prosthetic scan body device of claim 8; Esteban further discloses wherein the connector component (13) is made of titanium or a titanium alloy (refer to Paragraphs [0048], [0050], Figs. 1, 4; the first embodiment of the scan body (1) can be manufactured from a combination of materials, including PEEK and titanium; Esteban further explicitly discloses an alternative embodiment of the scan body (1) with a connection component (42) that supports the impression post (20) as made of titanium wherein the first body (42) of the second embodiment is equivalent to the connector component (13) of the first embodiment).
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Regarding claim 10, Esteban and Thomé disclose the prosthetic scan body device of claim 9; Esteban further discloses wherein the connector component (13) has a titanium connection that is configured to be inserted on an intaglio surface of the plurality of temporary cylinders (20) (refer to Paragraph [0042] and annotated Fig. 3 below; intaglio refers to an engraved or concave surface; the connection area (13) of the replica (1) is designed for connection to the inverse of the impression abutment (20) intaglio region).
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Regarding claim 11, Esteban and Thomé disclose the prosthetic scan body device of claim 10; Esteban further discloses wherein the connector component (13) comprises an interface with an internal threading profile (refer to Paragraph [0043], [0049]; an internal thread (15) is incorporated into the replica (1)).
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Regarding claim 12, Esteban and Thomé disclose the prosthetic scan body device of claim 11; Esteban further discloses wherein the internal threading profile (15) matches a corresponding external threading (refer to annotated Fig. 3 below) of a prosthetic screw (21) of one of the plurality of temporary cylinders .
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Claim Rejections - 35 USC § 102
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.
Claim(s) 13-16, and 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Esteban (WO 2018150067 A1) (refer to the provided translation).
Regarding claim 13, Esteban discloses a prosthetic scan body device (1+20+21) that is configured to provide (refer to Paragraphs [0015], [0029]; the scanbody replica (1) is accurately captured by a scanner, allowing digital recording of the implant position), the prosthetic scan body device (1+20+21) comprising:
a scan body component (1); and
a plurality of temporary cylinders (20) configured to be secured to dental implants within a dental prosthesis (refer to Paragraph [0021]; the impression abutment (20) is placed on the dental implant, thereby being capable of being secured to dental implants within a dental prosthesis as well; the impression abutment (20) is considered temporary as the abutment is removed from the mouth after determining the inclination of the implant); and
wherein the scan body component (1) is configured to be secured to the plurality of temporary cylinders (20) (refer to Paragraphs [0019],[0023]; the replica (1) is adjusted over one end of the impression abutment (20);
wherein the scan body component (1) comprises a connector component (13) at one end with an interface having an internal threading profile (15) (refer to Paragraph [0043]; an internal thread (15) is incorporated into the replica (1), with the second embodiment also comprising internal geometry adapted to coupling with the abutment)
wherein the connector component (13) is inserted on the plurality of temporary cylinders (20) by a reverse connection (refer to Paragraphs [0043]; the connection area (13) of the replica (1) is the inverse of the impression abutment (20)), such that the internal threading profile matches a corresponding external threading (refer to annotated Fig. 3 below) of one of the plurality of temporary cylinders
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wherein the connector component (13) has a titanium connection (refer to Paragraphs [0048], [0050], Figs. 1, 4; the first embodiment of the scan body (1) can be manufactured from a combination of materials, including PEEK and titanium; Esteban further explicitly discloses an alternative embodiment of the scan body (1) with a connection component (42) that supports the impression post (20) as made of titanium wherein the first body (42) of the second embodiment is equivalent to the connector component (13) of the first embodiment) that configured to go inside an intaglio surface of the plurality of temporary cylinders (20) (refer to Paragraph [0042] and figure below; intaglio refers to an engraved or concave surface; the connection area (13) of the replica (1) is designed for connection to the inverse of the impression abutment (20) intaglio region);
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wherein the prosthetic scan body device (1+20+21) is configured to be positioned on the plurality of temporary cylinders (20) (refer to Paragraphs [0019],[0023]; the replica (1) is adjusted over one end of the impression abutment (20)), which are configured to be secured to the dental prosthesis (refer to Paragraph [0021]; the impression abutment (20) is placed on the dental implant, thereby being capable of being secured to dental implants within a dental prosthesis as well), enabling the dental prosthesis to be (refer to Paragraphs [0020], [0023]; the replica (1) is capable of being attached to the dental prosthesis, thereby enabling scanning of the prosthesis, as Esteban discloses that the replica (1) is scanned with an intraoral or extraoral scanner where an extraoral scanner is equivalent to a desktop scanner); and
wherein the dental prosthesis is configured to be scanned from an intaglio surface and a cameo surface (refer to Paragraphs [0046]; the entire set (scan body (1), temporary cylinder (20) and tray with resin) can be scanned extra-orally; therefore the scan body (1), which is capable of being attached to the dental prosthesis via the temporary cylinders (20) is capable of being scanned from all angles);
wherein the scan body component (1) is a grooved conical scan body (refer to annotated Fig. 1A above); and
wherein the interface of the connector component (13) is integrally molded to the scan body component (1) (refer to Paragraphs [0026], [0031]; the replica may be formed of a body that incorporates all three areas (1+20+21) or a second body comprising both the second (20) and third zones (1), where the second zone comprises the connector component (13)).
Regarding claim 14, Esteban discloses the prosthetic scan body device (1+20+21) of claim 13 further comprising a plurality of indicia (refer to figure below; the alternative embodiment scan body (1) as shown in this figure has markings).
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Regarding claim 15, Esteban discloses the prosthetic scan body (1+20+21) device of claim 14, wherein during the extra-oral scanning procedure, a surface (11) of the scan body component (1) is configured to be scanned, to create a virtual scan body component scanning these surfaces allow for the accurate reading of the replica (1), while being fully referenced in dental CAD software; therefore, the replica (1) is capable of providing data points in the form of the reading surfaces to create a virtual scan body component).
Regarding claim 16, Esteban discloses the prosthetic scan body device (1+20+21) of claim 15, wherein after scanning, the scan body component (1) is configured to create an STL file for design software to create a virtual implant model to design a restoration (refer to Paragraph [0023]; after scanning the replica (1), a digital file is obtained for subsequent CAD/CAM manufacturing; therefore, the replica (1) is capable of being scanned to create an STL file to design a restoration).
Claim 17 - canceled
Regarding claim 18, Esteban discloses the prosthetic scan body device (1+20+21) of claim 13, wherein the scan body component (1) is manufactured from polyetheretherketone (refer to Paragraph [0048]; the scan body component (1) can be manufactured from PEEK polymers).
Regarding claim 19, Esteban discloses the prosthetic scan body device of claim 13, wherein the temporary cylinders (20) are configured for removing a dental prosthesis (refer to Paragraphs [0021], [0022]; the impression abutment (20) is removed from the mouth prior to adjusting the replica (1) over the impression abutment (20); as the impression abutment (20) is capable of securing to a dental prosthesis, the impression abutments (20) are also capable of removing a dental prosthesis).
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.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watson (US 20190216581 A1) in view of Esteban (WO 2018150067 A1) (refer to the provided translation).
Regarding claim 20, Watson discloses a method of extra-orally scanning a dental prosthesis (102) to record the dental implant (refer to Paragraphs [0033], [0044] and Figs. 5-6; the method as disclosed includes scanning the pre-existing prosthesis (102) extraorally with a handheld scanner to capture data representing the three dimensional configuration, which includes the copings (104) previously attached to the implants, thereby indirectly recording the dental implant), the method comprising the following steps:
removing the temporary dental prosthesis (102), from a dental arch (refer to Paragraph [0005]; the prothesis is removed from the mouth);
providing a prosthetic scan body device (124) comprising a scan body component (124) attached to a temporary prosthetic component (102) (refer to Paragraph [0044]; the patient retains the pre-existing prosthesis (102) while awaiting their final prosthesis, making the pre-existing prosthesis temporary; further, Examiner understands the temporary prosthetic component as an equivalent structure to the temporary dental prosthesis, as Applicant’s specification states “ a scan body component (102) attached to a temporary dental prosthesis (104) via a plurality of temporary cylinders” (see Paragraph [0045] of Specification)) via a plurality of temporary cylinders or abutments (104) (refer to Paragraph [0044] and Fig. 15; a scan analog (124) is installed on the copings (104) of the pre-existing prosthesis (102));
inserting the scan body component (124) on the plurality of temporary cylinders or abutments (104) (refer to Paragraph [0044] and Fig. 15; scan analog (124) is installed on the copings (104) of the pre-existing prosthesis (102));
extra-orally scanning the temporary prosthetic component (102) and the scan body component (124) to record dental implants position or screw-retained abutment torqued on implants (refer to Paragraph [0044]; the scan analog (124) assists in digitally extracting data corresponding to the at least one coping (104), wherein the coping (104) represents the location of the implants in the patient’s jaw); and
creating an STL file (107) (refer to Paragraph [0035]; the physical representation of the intermediate prosthesis (108) is created from virtual representation (107) by 3D printing; it is therefore inherent that an STL file is created) and transferring the STL file (107) to a CAD software program to allow for precise customization and completion of a restoration design (refer to Paragraphs [0043]; the virtual representation (107) of the intermediate prosthesis (108) is customized by digitally subtracting data; it is inherent that by 3D printing and digitally modifying the 3D virtual representation (107) of the intermediate prosthesis (108), that the file is transferred to an appropriate CAD software program);
Watson does not disclose wherein the scan body component (124) is also magnetically attachable to the temporary dental prosthesis (102).
Esteban discloses a prosthetic scan body device (61+65+69) in the same field of endeavor (refer to Paragraph [0052]), wherein the scan body (61+65+69) comprises magnets (62, 63) (refer to Paragraph [0053]), enabling magnetic connection to a dental prosthesis.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the scan body component (124) of Watson with magnets (62,63) as taught by Esteban in order to enable magnetic connection to a dental prosthesis.
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Response to Arguments
The outstanding specification objections of the informalities are withdrawn in view of the newly submitted specification amendment.
The outstanding claim objections of claims 1 and 8 are withdrawn in view of the newly submitted claim amendments.
The outstanding 35 U.S.C. 112(b) rejections of claims 1-3, 8, 10, 12-13, 15-16, and 19 are withdrawn in view of the submitted claim amendments. Claim 20 is still objected to as the original rejection was not remedied by the amended language.
Applicant's arguments filed 12/01/2025 have been fully considered but they are not persuasive.
Regarding amended claim 1, Examiner notes that the hexagonal limitation was not taught in original claim 5. Original claim 5 required a polygonal or cylindrical shape. Further, amended claim 1 is now rejected under Esteban in view of Thomé .
Regarding amended claim 13, Esteban teaches a grooved conical scan body (refer to annotated Fig. 1A above) and integrally molded scan body and connector interfaces (refer to Paragraphs [0026], [0031]).
Regarding amended claim 20, this claim is now rejected over Watson in view of Esteban.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adriena J Webb Lyttle whose telephone number is (571)270-7639. The examiner can normally be reached Mon - Fri 10:00-7:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/ADRIENA J WEBB LYTTLE/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772