Status under America Invents Act
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
Rejections based on Prior Art
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3 and 10-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Robb et al (US 8,944,816).
Robb et al discloses a scan post assembly for dental restoration comprised of an adaptor 10 (e.g. Fig 1) having a primary indicium 32 (note paragraph [0025] of applicant’s PGPUB 2024/0122683 which states that the primary indicium “can be any type of mark” including a protrusion for the primary indicium and a matching recess for the secondary indica) and an indexed 22 free end configured to seat on and engage the indexed opening of implant 120. The Robb et al scan post assembly further includes a scan post 80 (Figure 4A) having a post index 86 that overlays and engages the adaptor primary indicium 32 when the scan post 80 is seated on the adaptor 10. The Robb et al adapter10 primary indicium 32 and post 80 index 86are co-operable for digitally identifying and registering a predetermined position of the adaptor.
In regard to claims 2 and 3, the flattened indentations 762, 764 (Figs 11C, 12C) in the scan post 80 meet the vague “polyhedron” limitations. In regard to claim 10, it is noted that the claim is directed to “an assembly for a dental restoration” and that the “software program” is not positively claimed as an element of the “assembly”; accordingly, it is noted that the Robb et al assembly is capable of use with such software. In regard to claims 11 and 12, it is noted that only the “scan post” is positively claimed as the invention that is “configured” for use with an unclaimed implant. In this case the scan post 80 of Robb et al as identified above is capable of use on an implant having an implant index. Alternatively, the adapter 10 of Robb et al that is directly connected to an implant may be considered to be a part of the implant.
Applicant’s Response
In response to the rejection based on Robb et al applicant argues that Robb et al discloses informational markers such as 762, 862, 764 and 864, however, such markers are not co-operable with a primary indicium of an adaptor as claimed. Applicant’s arguments are not found persuasive. As set forth in the rejection above Robb et al discloses additional structures on the adaptor 10 such as 32 which meet applicant’s broad definition of a “primary indicium” (note paragraph [0025]) that are co-operable and overlay with a post 80 index element 86.
Allowable Subject Matter
Claim 4 is allowed. Claims 5-9 are objected to as being dependent on a rejected base claim, but would be allowable if rewritten in independent form to include all of the limitations of the claims from which they depend.
Action Made Final
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 Ralph Lewis whose telephone number is (571)272-4712. The examiner can normally be reached Monday-Friday from 9AM-4PM.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Edelmira Bosques 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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/RALPH A LEWIS/Primary Examiner, Art Unit 3772 (571) 272-4712
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