Prosecution Insights
Last updated: August 16, 2026
Application No. 18/440,102

ESTHETIC, ROBUST, HYBRID AND BIOMIMETIC DENTAL COMPOSITION

Non-Final OA §102§103
Filed
Feb 13, 2024
Priority
Feb 28, 2023 — EU EP23159124.9
Examiner
WASHVILLE, JEFFREY D
Art Unit
Tech Center
Assignee
Dentsply Sirona Inc.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
75%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
1009 granted / 1264 resolved
+19.8% vs TC avg
Minimal -5% lift
Without
With
+-4.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
53 currently pending
Career history
1307
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
51.0%
+11.0% vs TC avg
§102
32.3%
-7.7% vs TC avg
§112
11.5%
-28.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1264 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Information Disclosure Statement 2. The information disclosure statement (IDS) submitted on 2/9/2026 was filed timely. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 102 3. 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. 4. 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. 5. Claims 1-7 and 11-14 are rejected under 35 U.S.C. 102(a) and rejected under 35 U.S.C. 102(b) as being anticipated by (EP 3772492 A1) to Goediker (hereinafter Goediker). Goediker is directed toward dental compositions. Goediker discloses “a blank consisting of a porous lithium silicate glass ceramic and a filler, the filler wholly or partially covering the pores of the porous lithium silicate glass ceramic fills”, which is in the form of platelets bonded together into a dental blank with an organic material. Goediker discloses that the ceramic material was crystallized. In a preferred embodiment of the method according to the invention, the sintered product has a porosity of 5 to 85% by volume, which would read on 75-95% by weight of glass. The porous blocks were soaked in a 5% strength solution of methacryloxypropyltrimethoxysilane and dried and then infiltrated overnight with a mixture of one part urethane dimethacrylate and one part triethylene glycol dimethyl acrylate and then polymerized, which fills the voids in the composite with a polymethacrylate polymer. Goediker discloses that the blank has optical properties. Goediker discloses that the use of the blank according to the invention for dental purposes, in particular for the production of inlays, onlays, crowns, bridges, veneers, abutments and implants. Goediker discloses each and every element of claims 1-7 and 11-14. Claim Rejections - 35 USC § 103 6. 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. 7. 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. 8. Claims 1-7 and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over (EP 3772492 A1) to Goediker (hereinafter Goediker). Goediker is directed toward dental compositions. Goediker discloses “a blank consisting of a porous lithium silicate glass ceramic and a filler, the filler wholly or partially covering the pores of the porous lithium silicate glass ceramic fills”, which is in the form of platelets bonded together into a dental blank with an organic material. Goediker discloses that the ceramic material was crystallized. In a preferred embodiment of the method according to the invention, the sintered product has a porosity of 5 to 85% by volume, which would read on 75-95% by weight of glass. The porous blocks were soaked in a 5% strength solution of methacryloxypropyltrimethoxysilane and dried and then infiltrated overnight with a mixture of one part urethane dimethacrylate and one part triethylene glycol dimethyl acrylate and then polymerized, which fills the voids in the composite with a polymethacrylate polymer. Goediker discloses that the blank has optical properties. Goediker discloses that the use of the blank according to the invention for dental purposes, in particular for the production of inlays, onlays, crowns, bridges, veneers, abutments and implants. It would be obvious to one skilled in the art at the time of the filing of the disclosure of Goediker to select each and every element of claims to form a prime facie case of obviousness for claims 1-7 and 11-14. 8. Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over (EP 3772492 A1) to Goediker (hereinafter Goediker) in view of the teachings of the (US 2011/0257000 A1) to Ritzenberger (hereinafter Ritzenberger) in further view of (US 6,403,212 B1) to Shoher et al. (hereinafter Shoher). Goediker is directed toward dental compositions. Goediker discloses “a blank consisting of a porous lithium silicate glass ceramic and a filler, the filler wholly or partially covering the pores of the porous lithium silicate glass ceramic fills”, which is in the form of platelets bonded together into a dental blank with an organic material. Goediker discloses that the ceramic material was crystallized. In a preferred embodiment of the method according to the invention, the sintered product has a porosity of 5 to 85% by volume, which would read on 75-95% by weight of glass. The porous blocks were soaked in a 5% strength solution of methacryloxypropyltrimethoxysilane and dried and then infiltrated overnight with a mixture of one part urethane dimethacrylate and one part triethylene glycol dimethyl acrylate and then polymerized, which fills the voids in the composite with a polymethacrylate polymer. Goediker discloses that the blank has optical properties. Goediker discloses that the use of the blank according to the invention for dental purposes, in particular for the production of inlays, onlays, crowns, bridges, veneers, abutments and implants. Ritzenberger is directed toward dental compositions. Goediker and Ritzenberger are both directed toward dental compositions and therefore are analogous art. Ritzenberger teaches at paragraph [0009] that the composition is a lithium silicate glass. Ritzenberger teaches at paragraph [0032] that the material is translucent and can be used for coating of dental restorations. Ritzenberger teaches at paragraph [0046] that it can be used for crowns, etc. Shoher is directed toward dental compositions. Goediker and Shoher are both directed toward dental compositions and therefore are analogous art. Shoher teaches that at (C5, L49) that the particles are in the form of platelets. Shoher teaches that at (C5, L65) that the platelets have a thickness less than 1.5 microns, that reads on Applicants range of 0.5 to 3 microns. It would be obvious to one skilled in the art at the time of the filing of the disclosure of Goediker in view of the teachings of Ritzenberger and Shoher to select each and every element of claims to form a prime facie case of obviousness for claims 1-14. Conclusion 9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY D WASHVILLE whose telephone number is (571)270-3262. The examiner can normally be reached M-F 9-5. 10. 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. 11. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached at 571-272-1302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 12. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JEFFREY D WASHVILLE/Primary Examiner, Art Unit 1766
Read full office action

Prosecution Timeline

Feb 13, 2024
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
75%
With Interview (-4.8%)
2y 8m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1264 resolved cases by this examiner. Grant probability derived from career allowance rate.

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