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 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.
(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 21-27, 29-30, and 32-34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GRANT et al (US 2012/0258427).
Regarding claim 21, GRANT discloses a superstructure for a dental prosthesis (par 7 discloses the invention of the prior art is drawn to a dental abutment which supports a prosthetic tooth replacement), comprising:
a through-hole (central bore 13) extending along a longitudinal axis of the superstructure (see figure 1-19); and
an interface arranged at a front end of the superstructure for fastening the superstructure to a dental implant (par 46 discloses the interface for the abutment 35 extending below the head 40, which is disclosed as including the seating surface 39, fillet 37 and anti-rotation feature 45, see figure 9-11);
wherein the interface comprises a concave and rounded curvature (fillet 37), the concave and rounded curvature extending around the longitudinal axis over an angular range of at least 90 degrees (see figure 11, where the fillet extends around the bore 13), and
wherein the interface comprises a support surface (seating surface 39) arranged radially outwardly relative to the concave and rounded curvature (see figure 9, where the seating surface 39 is positioned outward to the fillet 37), wherein the support surface (39) has at least one annular portion (portion of the support surface 39 that contacts the rim 41, see figure 9) that is oriented transversely to the longitudinal axis (see annotated figure 9), and
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447
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Annotated figure 9
wherein, in a longitudinal cross section along the longitudinal axis of the superstructure, the concave and rounded curvature merges continuously and tangentially into the annular portion of the support surface (see figure 9, where the fillet 37 continuing to the support surface 39, including the portion that touches the rim), such that in the longitudinal cross section, the concave and rounded curvature (37) and the annular portion (39) form a continuous curve without a directional discontinuity at a radially outer edge of the concave and rounded curvature that transitions into the annular portion of the support surface (see figure 9, where the fillet continues to the support surface that contacts the curvature is continuous),
the concave and rounded curvature (fillet 37) having, when viewed in a direction parallel to the longitudinal axis, a shape of a circular ring or a portion of a circular ring (see figure 10), wherein the radially outer edge of the concave and rounded curvature (edge adjacent to the seating surface 39) is circular when viewed in said direction (assuming the direction is parallel to the longitudinal axis as recited above, fillet 37 is circular).
Regarding claim 22, GRANT discloses the interface is not rotationally symmetrical with respect to the longitudinal axis in order to form an anti-rotation device (par 51 discloses the anti0rotational shape being non-symmetrical such as an oval lobed or rectangle).
Regarding claim 23, GRANT discloses the interface is mirror-symmetrical to a longitudinal sectional plane in which the longitudinal axis lies (see figure 17)
Regarding claim 24, GRANT discloses the annular portion of the support surface (39) is oriented at an angle larger than 60 degrees with respect to the longitudinal axis (see annotated figure 9).
Regarding claim 25, GRANT discloses the annular portion of the support surface (39) is oriented orthogonally to the longitudinal axis (see annotated figure 9).
Regarding claim 26, GRANT discloses at least a part of the radially outer edge of the concave and rounded curvature and at least a part of a radially inner edge of the concave and rounded curvature each lie on a circular line (paragraph 56 discloses the fillet being circular).
Regarding claim 27, GRANT discloses the concave and rounded curvature (37) in the longitudinal cross section along the longitudinal axis of the superstructure is a circular sector (see figure 9 and par 56 discloses the fillet being circular).
Regarding claim 29, GRANT discloses the concave and rounded curvature (37) forms a transition between the annular portion of the support surface (39) and the through-hole (13) and is directly adjacent to the through-hole (see figures 10-11).
Regarding claim 30, GRANT discloses the concave and rounded curvature (37) is directly adjacent to the annular portion of the support surface (39, see figure 9).
Regarding claim 32, GRANT discloses the concave and rounded curvature (37) extends over an angular range of at least 270 degrees around the longitudinal axis (see figure 11, where the interface extends 360 degrees over the longitudinal).
Regarding claim 33, GRANT discloses the concave and rounded curvature (37) extends over an angular range of 360° around the longitudinal axis (see figure 11, where the interface extends 360 degrees over the longitudinal).
Regarding claim 34, GRANT discloses a dental prosthesis (par 7 discloses the invention of the prior art is drawn to a dental abutment which supports a prosthetic tooth replacement) comprising:
a dental implant (1);
a superstructure (abutment 35); and
a fastening member (screw 11) configured to fasten the superstructure to the dental implant (see figure 9; see par 36 discloses the screw 11 attaching the abutment to the implant);
wherein the superstructure (35) comprises:
a through-hole (13) extending along a longitudinal axis (50) of the superstructure (see figure 10); and
an interface arranged at a front end of the superstructure for fastening the superstructure to the dental implant (par 46 discloses the interface for the abutment 35 extending below the head 40, which is disclosed as including the seating surface 39, fillet 37 and anti-rotation feature 45, see figure 9-11);
wherein the interface comprises a concave, rounded curvature (fillet 37), the concave and rounded curvature extending around the longitudinal axis over an angular range of at least 90° (see figure 11, where the fillet extends around the bore 13), and
wherein the interface comprises a support surface (seating surface 39) arranged radially outwardly relative to the concave and rounded curvature (see figure 9, where the seating surface 39 is positioned outward to the fillet 37), wherein the support surface (39) has at least one annular portion (portion of the support surface 39 that contacts the rim 41, see figure 9) that is oriented transversely to the longitudinal axis (see annotated figure 9), and wherein, in a longitudinal cross section along the longitudinal axis of the superstructure, the concave and rounded curvature merges continuously and tangentially into the annular portion of the support surface (see figure 9, where the fillet 37 continuing to the support surface 39, including the portion that touches the rim), such that in the longitudinal cross section, the concave and rounded curvature (37) and the annular portion (39) form a continuous curve without a directional discontinuity at a radially outer edge of the concave and rounded curvature that transitions into the annular portion of the support surface (see figure 9, where the fillet continues to the support surface that contacts the curvature is continuous), the concave and rounded curvature (37) having, when viewed in a direction parallel to the longitudinal axis, a shape of a circular ring or a portion of a circular ring (see figure 10), wherein the radially outer edge of the concave and rounded curvature is circular when viewed in said direction (edge adjacent to the seating surface 39) is circular when viewed in said direction (assuming the direction is parallel to the longitudinal axis as recited above, fillet 37 is circular).
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.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Grant et al.
Regarding claim 28, Grant discloses the claimed invention as set forth above in claim 21, but fails to explicitly disclose in the embodiment of figure 9-11 central angle of the circular sector is 90°.
However, Grant teaches the angle of the circular sector being a variety of parameters and shapes (par 43 discloses the fillet having an arcuate shape, such as circular with a maximum radius or parameter and par 44 discloses variation in the radial contact between the implant and the abutment, which changes the central angle of the fillet) for the purpose of providing a desired contact between the implant and superstructure (par 44) and affecting the concentration of stress on the abutment (par 43)
As such, the central angle of the circular sector is considered a result effective variable that affects the concentration of stress on the abutment (par 43-44) and contact between the implant and the superstructure. Further, it appears that one of ordinary skill in the art, would have had a reasonable expectation of success in modifying Grant to have the central angle of the circular sector 90 degrees as it involves only adjusting the circumference of the disclosed circular sector. Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the central angle of the circular sector of Grant to be 90 degrees as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Response to Arguments
Applicant's arguments filed 4/14/2026 have been fully considered but they are not persuasive. Applicant argues that Grant fails to disclose the concave and rounded curvature has when viewed in a direction parallel to the longitudinal axis has a shape of a circular ring or a portion of a circular ring and the radially outer edge of the concave rounded curvature is circular. The examiner disagrees. The embodiment of figures 9-11 show in a view parallel to the longitudinal axis 50, the fillet which is at least a portion of (par 58 which disclose the fillet is circular and figure 9-11.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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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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/S.N.B./Examiner, Art Unit 3772
/HEIDI M EIDE/Primary Examiner, Art Unit 3772
7/8/2026
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