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 .
Claim Objections
Claim 1 is objected to because of the following informalities: In line 6, after the word “implant” should be added a coma ( , ). Appropriate correction is required.
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.
Claims 1, 2, 4, 6-9, 13, 14, 16, 17 and 20-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Giordano et al. (WO 9729794 A1).
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Regarding claim 1, Giordano et al. discloses a dental prosthesis assembly (14) including:
a body, the body having a tooth-shape, the body including a top chewing face, a bottom implanting face (see annotated Fig. 6 above), and side faces (see annotated fig. 5 above);
wherein the body forms a guide hole (16) from the top chewing face to the bottom implanting face (see annotated fig. 5 and 6 above – where the guide hole extends from the stent 10 towards the jawbone, through the body of the dental prosthesis), the guide hole (16) forming a channel sized to guide a dental implant (18) (see annotated Fig. 5 and 6, and page 9, lines 18-24), the guide hole being sized and configured to allow introduction of the dental implant from the top chewing face to the bottom implanting face to extend past the bottom implanting face (see Fig. 5-6 above – where the guide hole 16 extends from the occlusal face of the stent 10, throughout the body 14, and exiting through the bottom implanting face of the body 14, in this way allowing the introduction of the dental implant 18 from the top chewing face to the bottom implanting face of the body 14, so that the implant can extend form the guide hole of the body 14 into the jaw bone);
wherein the dental implant (18) is capable of being attached to the body and engaged with the body within the guide hole (16) (see annotated Fig. 5 and 6 above), and the dental implant (18) extending beyond the bottom implanting face when attached to the body; and
further including the dental implant (18) attached to the body by having a portion of the dental implant (18) engaged within the guide hole (16) (see annotated Fig. 5 and 6 above).
Regarding claim 2, Giordano et al. discloses that the guide hole (16) is sized to closely receive at least one of a drill bit and the dental implant (18), to prevent the at least one of the drill bit and dental implant from straying off a path guided by the guide hole (16) during a drilling operation in order to create a hole within a patient's bone (see mandible 24 in annotated Fig. 5 and 6, and page 9, lines 18-24).
Regarding claim 4, Giordano et al. discloses that the dental implant is engaged with threads within the guide hole (see annotated Fig. 5 and 6, and page 9, lines 18-24 – “screwed in-post”).
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Regarding claims 6 and 7, Giordano et al. discloses a tab extending from one side face of the body, the tab configured to be adhered to an adjacent tooth (for claim 6); and a plurality of tabs, each tab extending from one side face of the body, each of the plurality of tabs being configured to be adhered to an adjacent tooth (for claim 7) (see stent 10 in Fig. 3 above, where the lingual and the buccal sides of the stent 10 are in contact with the body 14, and the stent 10 portion extending away from the body 14 are considered tabs).
Regarding claim 8, Giordano et al. discloses that the tab is adhered to the adjacent tooth (see stent 10 in Fig. 3 above, where the lingual and the buccal sides of the stent 10 are in contact with the body 14, and the stent 10 portion extending away from the body 14 are considered tabs), and wherein the body (14) is mounted to a bone of the patient by the dental implant (18), the implant positioned at least partially in the guide hole (see annotated Fig. 5 and 6 above).
Regarding claim 9, Giordano et al. discloses a method of forming and installing the dental prosthesis assembly of claim 1 including the steps of:
positioning the dental prosthesis (14) in the implantation area of the patient (see Fig. 5 above – where the body and the dental implant (18) are placed on the implantation area); and
placing the dental implant (18) through the guide hole (16) from the top chewing face and into a bone (24), the dental implant (18) remaining partially in the guide hole (16) (see annotated Fig. 5 and 6 above, when installing dental implant in the guide hole, the upper end of the implant 18 is closer to the top chewing face of the body 14, in this way the upper end of the implant 18 is placed in the direction from the top chewing face towards and into the bone).
the upper portion of the implant 18 in the guide hole 16 is closer to the top chewing face of the body 14. Therefore, the upper end of the dental implant 18 is placed from the top chewing face extending downwards to the bone, in this way a portion of the dental implant 18 remains in the guide hole 16, in this way complying with the claim language.
Regarding claim 13, Giordano et al. discloses that the dental prosthesis (14) is a fixed dental prosthesis (see page 6, line 16 – “restoration 14”).
Regarding claim 14, Giordano et al. discloses a fixed dental prosthesis assembly including:
a prosthesis body (14), the prosthesis body being a dental abutment having a top, a bottom implanting face, and side faces (see annotated Fig. 5 and 6 above – where the prosthesis is the abutment, because the body 14 is directly attached to the bone by the implant 18);
wherein the prosthesis body (14) forms a guide hole (16) from the top to the bottom implanting face, the guide hole (16) sized to closely receive a dental implant (18) (see annotated Fig. 5 and 6 above), the guide hole being sized and configured to allow introduction of the dental implant from the top chewing face to the bottom implanting face to extend past the bottom implanting face (see Fig. 5-6 above – where the guide hole 16 extends from the occlusal face of the stent 10, throughout the body 14, and exiting through the bottom implanting face of the body 14, in this way allowing the introduction of the dental implant 18 from the top chewing face to the bottom implanting face of the body 14, so that the implant can extend form the guide hole of the body 14 into the jaw bone);
wherein the dental implant (18) attached to the prosthesis body (14) and the dental implant (18) having a portion engaged with the prosthesis body (14) and preventing a removal of the dental implant (18) through the guide hole (16) on the bottom implanting face, and the dental implant (18) extending beyond the bottom implanting face (see annotated Fig. 5 and 6 above – due to the connection between the dental implant and the guide hole is through a screwing -in-post, when the dental implant is placed inside the guide hole, the threads prevents the axial removal of the dental implant form the guide hole).
Regarding claim 16, Giordano et al. discloses that the guide hole channel (16) includes a threaded inner surface (see page 9, lines 18-24 – “screwed-in-post”; therefore, if it is a post with threads, it is understood that the post has threads along the portion inside the guide hole, and threads in the portion inside the bone).
Regarding claim 17, Giordano et al. discloses a portion of the dental implant (18) includes a threaded outer surface, the threaded inner surface of the channel engaged with a threaded outer surface of the dental implant (see page 9, lines 18-24 – “screwed-in-post”; therefore, if it is a post with threads, it is understood that the post has threads along the portion inside the guide hole, and threads in the portion inside the bone).
Regarding claim 20, Giordano et al. discloses further including a crown (see Fig. 5 and 6 above).
Regarding claims 21 and 22, Giordano et al. discloses that the dental implant is formed of medical or dental material and capable of being implanted securely into a bone of a patient (see annotated Fig. 5 and 6 above – where the dental implant 18 is implanted into the bone; therefore, it is understood that it is made of a material capable of withstand the intended use).
Regarding claim 23, Giordano et al. discloses a dental prosthesis (14) including:
a body (14), the body (14) having a tooth-shape, the body including a top chewing face, a bottom implanting face, and side faces (see annotated Fig. 5 and 6 above);
wherein the body (14) forms a guide hole (16) from the top chewing face to the bottom implanting face, the guide hole (16) forming a channel sized to guide an implant (18) (see annotated Fig. 5 and 6, and page 9, lines 18-24), the guide hole being sized and configured to allow introduction of the dental implant from the top chewing face to the bottom implanting face to extend past the bottom implanting face (see Fig. 5-6 above – where the guide hole 16 extends from the occlusal face of the stent 10, throughout the body 14, and exiting through the bottom implanting face of the body 14, in this way allowing the introduction of the dental implant 18 from the top chewing face to the bottom implanting face of the body 14, so that the implant can extend form the guide hole of the body 14 into the jaw bone);
wherein the implant (18) is capable of being attached to the body (14) and engaged with the body (14) within the guide hole (16), and the implant (18) extending beyond the bottom implanting face when attached to the body (14) (see annotated Fig. 5 and 6 above);
further including the implant (18) attached to the body (14) by having a portion of the implant engaged within the guide hole (16) (see page 9, lines 18-24 – “screwed in-post”; therefore, if it is a post with threads, it is understood that the post has threads along the portion inside the guide hole); and
wherein the body is a crown (see Fig. 5 and 6 above).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Giordano et al. (WO 9729794 A1) as applied to claims 1 and 14 above, and further in view of Hertz (US 20100190137 A1).
Regarding claim 5, Giordano et la. discloses the claimed invention substantially as claimed, as set forth above for claim 1.
However, Giordano et al. does not disclose a filling within the guide hole above the dental implant closing an opening of the guide hole at the top chewing face.
Regarding claim 15, Giordano et la. discloses the claimed invention substantially as claimed, as set forth above for claim 14.
However, Giordano et al. does not disclose a filling within the guide hole above a head of the dental implant closing an opening of the guide.
Hertz teaches a prosthesis in the shape of a bridge including a missing tooth, where the prosthesis includes a guide hole to which a drill and an implant is passthrough. Where the “the bridge in place and using the tube as a guide, a pilot bore is drilled in the jawbone at the location, and then the implant pin if fitted into the drilled bore and the tube is plugged. The bridge with the plugged tube in place at the site during an osseointegration” (see [0015]).
25. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the dental prosthesis of Giordano, with the filling of Hertz, in order to seal the guide hole on top of the implant so that no organic material is entered into the guide hole, so that it is avoided the accumulation of unwanted microorganism that can create infection later on.
Claims 12 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Giordano et al. (WO 9729794 A1) as applied to claims 1 and 14 above, and further in view of Wichmann (EP 1663051 B1).
Regarding claim 12, Giordano discloses the claimed invention substantially as claimed, as set forth above for claim 1.
However, Giordano does not disclose that the dental implant is a self-drilling screw.
Regarding claim 18, Giordano discloses the claimed invention substantially as claimed, as set forth above for claim 14.
However, Giordano does not disclose that the dental implant is self-drilling screw.
Wichmann teaches a dental implant that is self-drilling for been capable of been implanted without a previous machined pilot hole.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the dental implant of Giordano, with the self-drilling screw of Wichmann, in order to be able to install the implant faster without the help of a previous pilot hole.
Claims 19 is rejected under 35 U.S.C. 103 as being unpatentable over Giordano et al. (WO 9729794 A1) as applied to claims 14 above.
Regarding claim 19, Giordano discloses the claimed invention substantially as claimed, as set forth above for claim 14.
However, Giordano does not disclose that the body further includes a second guide hole capable of having a second dental implant of being engaged therein.
On the other hand, even when the reference did not disclose the second guide hole for a second dental implant, for a person skill in the art before the effective filing date of the claimed invention, it would have been obvious that the mere duplication of parts has no patentable significance unless a new and unexpected result is produced.
Response to Arguments
Regarding claims 1, 14 and 23, after further consideration the Office considers that the added language in the claims describes capabilities still found in the prior art of Giordano.
The added language describes that the guide hole in the present dental prosthesis is configured to allow the introduction of the dental implant from the top chewing face to and extending past the bottom implanting face.
On the other hand, the prior art of Giordano provides a guide hole 16 the extends close from the upper surface of the stent 10, passing through the longitudinal length of the body 14, in this configuration allows for a dental implant to be introduced from the top chewing face to the bottom implanting face, so that the dental implant can extend past the bottom implanting face of the body.
Furthermore, even when the Office indicated in the last interview of Oct. 7th, 2025, that the prior art does not disclose that the “body of the prosthesis is configured to place the implant in the bone through the guide hole of the body form the top chewing face towards the bottom implanting face”. The language used in the claim describes that the “guide hole being sized and configured to allow introduction of the dental implant from the top chewing face to the bottom implanting face to extend past the bottom implanting face”. Therefore, it is understood that because the guide hole in Giordano extends throughout the upper portion of the stent 10 and the full extension of the body 14, the prior art of Giordano discloses that the guide hole is sized and configured to allow the introduction of a dental implant from close from the top chewing face towards and beyond the bottom implanting face. Making the rejection proper and will be maintained.
Furthermore, the claim does not provide a description that the guide hole is sized and configured to allow introduction of the dental implant beginning at the top chewing face to the bottom implanting face to extend past the bottom implanting face. For that reason, the claim is interpreted as explained above in the rejection.
Regarding claim 9 and 14, the amended step of placing includes a language describing that the step of placing the dental implant is through the guide hole from the top chewing face and into the bone. The prior art of Giordano discloses that the upper portion of the implant 18 in the guide hole 16 is closer to the top chewing face of the body 14. Therefore, the upper end of the dental implant 18 is placed from the top chewing face extending downwards to the bone, in this way a portion of the dental implant 18 remains in the guide hole 16, in this way complying with the claim language.
Furthermore, the applicant argues that the figures in the prior art of Giordano shows that the opening is narrower than the implant 18.
The Office understands that the figures are not clearly indicating all the details of the connection between the implant 18 and the guide hole 16. However, the Office understands based on the figures, that the dental restoration/body 14 has a through hole from one chewing face to and extending past the bottom implanting face, in order to place the dental implant, in this way allowing the dental implant to hold in place the body to the jaw bone.
Regarding claim 14, applicant argues that the prior art of Giordano does not disclose an abutment.
The Office disagrees, the claim describes a prosthesis body that is an abutment including a top, a bottom, an implanting face, side faces and including guide hole for receiving a dental implant. It is understood that Giordano provides the dental prosthesis as claimed because it includes a prothesis, that includes top, a bottom, an implanting face, side faces and including guide hole for receiving a dental implant as shown in the figures above.
Therefore, based on the description provided in the claim, it is understood that said claimed prosthesis body is found in the structure 14 in Giordano.
Furthermore, the applicant provides a definition of what an abutment is in “https: //www.wakedentalcare.com/abutment-definition”, defined as “a dental abutment connects two or more elements that are used in restorative dentistry. When referring to a dental bridge, the abutment teeth are the two adjacent teeth that support the bridge, or the teeth that support a partial denture”.
Taking into consideration that said definition describes that said abutment is for connecting two or more elements in restorative dentistry, the present claim does not include the two or more elements that the abutment connects. The present claim 14 only describes the prosthesis body and the dental implant, where the prosthesis body is connected to the dental implant.
Therefore, the claim does not include two or more elements that are supported by the abutment as the definition indicates. For that reason, it is understood that the claim is providing a new definition of an abutment.
The Office understands that the definition described in the claim is that the abutment has a shape of a prosthesis body, including a guide hole form top to bottom, and that is configured to receive a dental implant in the guide hole.
Based on that definition found in the claim, it is understood that all the structures are found in the prior art of Giordano, making the rejection proper and will be maintained.
Regarding claim 20, the claim describes that it further includes a crown or a veneer attached to the abutment. However, if in claim 14 the prosthesis body is the dental abutment, and in claim 20 it further describes a crown, it is understood that the prosthesis body is a crown, wherein Giordano is found to be the case.
Therefore, based on the description in the claims and the interpretation given by the Office, it is understood that the prior art of Giordano includes all the limitations, making the rejection proper and will be maintained.
Regarding claims 5, 12, 15, 18 and 19, it is understood based on the explanation given above that the combination of the prior art of Giordano with Hertz and Wichmann are proper and will be maintained.
The Office understands that for all the reasons given above, the present set of claims are not ready for allowance.
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 MIRAYDA ARLENE APONTE whose telephone number is (571)270-1933. The examiner can normally be reached M-F 8-5.
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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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/MIRAYDA A APONTE/Examiner, Art Unit 3772 /ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772