Prosecution Insights
Last updated: October 25, 2026
Application No. 18/447,055

IMPLANTS, FUNCTIONALIZED IMPLANT SURFACES AND RELATED SYSTEMS, DEVICES, COMPUTER PROGRAM PRODUCTS, AND METHODS

Non-Final OA §102
Filed
Aug 09, 2023
Examiner
JENNISON, BRIAN W
Art Unit
3761
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Rtrs Investment LLC
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
1058 granted / 1472 resolved
+1.9% vs TC avg
Strong +22% interview lift
Without
With
+22.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
49 currently pending
Career history
1534
Total Applications
across all art units

Statute-Specific Performance

§101
3.8%
-36.2% vs TC avg
§103
49.6%
+9.6% vs TC avg
§102
21.1%
-18.9% vs TC avg
§112
21.3%
-18.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1472 resolved cases

Office Action

§102
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 . Election/Restrictions Applicant's election with traverse of Claims 1-8, 12, 14 in the reply filed on 7/29/2026 is acknowledged. The traversal is on the ground(s) that the search would not be burdensome. A search of group I would encompass groups II and III. This is not found persuasive because the search of Group I would not encompass a search of a virtual shape model. The model being virtual would require a separate search. The trepanning optic unit and optical system is outside the scope of search of Group I and would require a separate and distinct search with a different search strategy. All three groups require a search of different classes/subclasses. Further, the species are patentable distinct and have separate status in the art due to their divergent subject matter. The requirement is still deemed proper and is therefore made FINAL. 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) 1-8, 12, 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ACKERL NORBERT ET AL: "Ultra-short pulsed laser manufacturing of yttria stabilized alumina-toughened zirconia dental implants". Regarding claim 1, Ackerl discloses A medical device manufacturing system (title and abstract) comprising: a workpiece including a macroscale shape of spatial extension ( dental implant, see title); first computer numerical control data stored or storable on one or more nontransitory processor-readable memory as first computer-executable instructions ("control software", see chapter 2.1, first two lines and last three lines on subsequent page); and a microscale surface texture formed on the macroscale shape corresponding to the first computer numerical control data (see abstract). Regarding claim 2, the workpiece is to become an implant. Regarding claim 3, The second computer numerical control data is implicitly comprised by the second of the "two processing strategies". Ablation is first carried out orthogonal to the surface, then quasi-tangential. (See Pages 2-3, below Fig 1) Regarding claim 5, following the second control step, a third step generates a surface roughness on the nanoscale. This would involve a third data control data set as executable instruction. (See Section 3.3) Regarding claim 6, Alicona Infinite Focus served as measurement device for surface roughness and profiles. The geometry has been assessed with a Zoller Venturion 450 device, where a collimated light beam casts a shadow of the sample on an area detector. The specified repeatable measurement accuracy is given by the manufacturer to be smaller 2 μm. Regarding claim 7, Fig 1 shows a laser system. The first set of laser control parameters and instructions would be the ablation being carried out orthogonal to the surface, performed by the control software. The second set of laser control parameters and instructions sent by the control software would be the quasi-tangential steering. Orthogonal parameters and quasi-tangential parameters would be different. Regarding claim 8, the control parameters would be sent to a laser via the control software as it is an NC controlled device. The ablation on the microscale is performed using an ultra-short pulsed laser. (See Page 7, Below Fig 6) Regarding claim 12, the control software uses numerical control data. (See Top of Page 3) Regarding claim 14, the device is configured for laser ablation as discussed throughout the reference. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN W JENNISON whose telephone number is (571)270-5930. The examiner can normally be reached M-Th 9-5. 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, Ibrahime Abraham can be reached at 571-270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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. /BRIAN W JENNISON/Primary Examiner, Art Unit 3761 9/30/2026
Read full office action

Prosecution Timeline

Aug 09, 2023
Application Filed
Oct 02, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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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
72%
Grant Probability
94%
With Interview (+22.2%)
3y 6m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1472 resolved cases by this examiner. Grant probability derived from career allowance rate.

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