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 18 is objected to because of the following informalities: On lines 2-3 "the distal portion of the fastening element" is believed to be in error for -a distal portion of the fastening element-. 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.
(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 14-20, 23 and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Riley et al (US 2005/0008988).
Regarding claim 14, Riley discloses a fastening system (figure 4-12) for a dental implant (anchor 118), the fastening system comprising:
a locking element (core 116) comprising a central throughgoing aperture (screw bore 126), the central throughgoing aperture (126) having a first distal portion and a second proximal portion, the second proximal portion having a reduced inner diameter with respect to the first distal portion (see annotated figure 5);
a dental superstructure (net tooth shaped crown 112 depicted in figure 12) provided with a cavity (hole 121 and previously pointed out internal bore 114, which is also seen in figure 12) for receiving the locking element (116, see figure 11-12) the cavity having a distal portion and a proximal portion separated by a shoulder (see figure 12, where the distal part is hole 121 and the proximal part is 114); and
a fastening element (fastener 120) receivable within the cavity and the central throughgoing aperture (see figure 11), the fastening element (120) being substantially restricted from distal displacement by the shoulder of the cavity (in view of the size discrepancy between the hole 121 and the fastener 120, the fastener is assessable but cannot pass the smaller size of the hole which the diameter decreases at the shoulder and par 60 which discloses a hole 121 being left in the crown to provide accessibility to the screw 120) and held proximally in place by the second proximal portion of the locking element (wherein the shoulder 117 contacts a screw seat 128 as discussed in par 47, holding the locking element in a proximally in place) such that the locking element, the fastening element and the superstructure are provided as a single element when the locking element and the fastening element have been provided to and fixed within the superstructure (see figure 11, where the crown 112, core 116 and fastener 120 are in a fixed configuration that creates a single element, the fixed configuration that creates a single element is the result of the adhesive bonding between the crown 112 and core 116 via heat activated adhesive layer 129 as disclosed in par 58 and the shoulder 117 of the fastener contact with the seat 128 of the core) .
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Annotated figure 5
Regarding claim 15, Riley discloses the fastening element (120) is receivable within and rotatable with respect to the aperture of the locking element (126, par 46 discloses the fastener being turned relative to the core 116 to connect to the anchor), a distal end (second end 120b) of the fastening element (120) having an outer diameter greater than the inner diameter of the second proximal portion of the locking element (see figure 11).
Regarding claim 16, Riley discloses the fastening element (120) has a proximal end (120a) being securable to a dental implant (see figure 11).
Regarding claim 17, Riley discloses the cavity (121/114) has the distal portion of the cavity (121) has at least a portion thereof which has a diameter less than an outer diameter of the locking element (116, see figures 11-12).
Regarding claim 18, Riley discloses an access hole to the first distal portion (121) of the cavity (121/114) has a diameter less than the outer diameter of the distal portion of the fastening element (see figure 11-12).
Regarding claim 19, Riley discloses a proximal portion of the cavity (114) is for receiving the locking element therethrough (see figure 11-12).
Regarding claim 20, Riley discloses the locking element (116) is fixed within the superstructure (112) such that it cannot be extracted in a proximal direction after insertion (par 58 discloses the layer of material 129 between the crown 112 and core 116 is suitable for bonding two components, as such the two components are fixed together after insertion and cannot be extracted).
Regarding claim 23, Riley discloses a method for producing a superstructure (figures 4-12) of a dental implant (118), the method comprising:
providing a cavity (hole 121 and previously pointed out internal bore 114, which is also seen in figure 12) to the superstructure (112), the cavity comprising a distal portion (121) and a proximal portion (114) separated by a shoulder portion (see figure 11-12),
wherein the distal portion (121) has a reduced diameter with respect to the proximal portion (114, see figure 11-12),
providing a locking element (core 116), wherein the locking element (116) comprises a throughgoing aperture (screw bore 126), the aperture comprising a first distal portion and a second proximal portion, the inner diameter of the first distal portion being less than the inner diameter of the second proximal portion (see annotated figure 5),
providing a fastening element (fastener 120) to the aperture of a locking element (126, see figure 1),
inserting the locking element (116) via the proximal portion of the cavity of the superstructure (see figure 12 and 5), and thereby fixing the locking element (116) and the fastening element (120) within the superstructure (112) such that the fastening element (120) is substantially restricted from distal displacement by the shoulder of the cavity (see figure 12, the size discrepancy between the hole 121 and the fastener 120, the fastener is assessable but cannot pass the smaller size of the hole which the diameter decreases at the shoulder) and held proximally in place by the second proximal portion of the locking element so as to form a single element (see figure 11, where the crown 112, core 116 and fastener 120 are in a fixed configuration that creates a single element, the fixed configuration that creates a single element is the result of the adhesive bonding between the crown 112 and core 116 via heat activated adhesive layer 129 as disclosed in par 58 and the shoulder 117 of the fastener contact with the seat 128 of the core).
Regarding claim 25, Riley discloses a superstructure (net tooth shaped crown 112 depicted in figure 12) for a dental implant (118), the superstructure (112) comprising a cavity (hole 121 and previously pointed out internal bore 114, which is also seen in figure 12) having a proximal portion (114), the proximal portion being adapted to receive a locking element (core 116) and a fastening element (fastener 120), the locking element (core 116) comprising a throughgoing aperture (screw bore 126), the aperture comprising a first distal portion and a second proximal portion (see annotated figure 5), the inner diameter of the first distal portion being less than the inner diameter of the second proximal portion (see annotated figure 5), wherein the cavity of the superstructure (121/114) has a distal portion (121), the distal portion (114) having an inner diameter less than the inner diameter of the proximal portion (see figure 11-12), wherein the locking element, the fastening element and the superstructure are provided as a single element when the locking element and the fastening element have been provided to and fixed within the superstructure (see figure 11, where the crown 112, core 116 and fastener 120 are in a fixed configuration that creates a single element, the fixed configuration that creates a single element is the result of the adhesive bonding between the crown 112 and core 116 via heat activated adhesive layer 129 as disclosed in par 58 and the shoulder 117 of the fastener contact with the seat 128 of the core).
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 21, 24 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Riley et al as applied to claim 14, 23 and 25 above, and further in view of Bilodeau (WO 2018/184119 A1).
Regarding claim 21, Riley discloses the claimed invention as set forth above, but fails to disclose the locking element is fully and completely received within the cavity such that it does not extend proximally from the cavity.
However, Bilodeau teaches a locking element (dental abutment 4) which is fully and completely received within a cavity of a superstructure (base structure 10, see figure 3) for the purpose of securing the components together in a fixed manner (see page 3, lines 19-21).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Riley to have the locking element is fully and completely received within the cavity such that it does not extend proximally from the cavity as taught by Bilodeau for the purpose of fully securing the locking element and superstructure.
Regarding claim 24, Riley discloses the claimed invention as set forth above, but fails to disclose the locking element is fully received within the cavity and does not extend proximally from the cavity.
However, Bilodeau teaches a locking element (dental abutment 4) which is fully and completely received within a cavity of a superstructure (base structure 10, see figure 3) for the purpose of securing the components together in a fixed manner (see page 3, lines 19-21).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Riley to have the locking element is fully received within the cavity and does not extend proximally from the cavity as taught by Bilodeau for the purpose of fully securing the locking element and superstructure.
Regarding claim 26, Riley discloses the claimed invention as set forth above, but fails to disclose the proximal portion of the cavity is adapted such that the locking element is fully received within the cavity and does not extend proximally from the cavity.
However, Bilodeau teaches a locking element (dental abutment 4) which is fully and completely received within a cavity of a superstructure (base structure 10, see figure 3) for the purpose of securing the components together in a fixed manner (see page 3, lines 19-21).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Riley to have the proximal portion of the cavity is adapted such that the locking element is fully received within the cavity and does not extend proximally from the cavity as taught by Bilodeau for the purpose of fully securing the locking element and superstructure.
Response to Arguments
Applicant's arguments filed 12/22/2025 have been fully considered but they are not persuasive.
On page 8 of Remarks, applicant argues that Riley fails to disclose the locking element, dental superstructure and fastening element “being substantially restricted from distal displacement by the shoulder of a cavity and held proximally in place by a second proximal portion of the locking element such that the locking element, the fastening element and the superstructure are provided as a single element when the locking element and the fastening element have been provided to and fixed within the superstructure”
The examiner disagrees, as set forth above figures 11-12, where the dental superstructure (crown 112), locking element (core 116) and locking element (fastener 120) are provided in individual elements the final construction is a fixed configuration that is the result of the adhesive bonding between the crown 112 and core 116 via heat activated adhesive layer 129 as disclosed in par 58 and the shoulder 117 of the fastener contact with the seat 128 of the core creating restricted vertical displacement/removal of the fastener. The combination of the adhesive bonding and positioning of the fastener within the core and crown result in a final configuration that is singular element, as set forth by the claims.
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.
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/S.N.B./Examiner, Art Unit 3772
/HEIDI M EIDE/Primary Examiner, Art Unit 3772
4/2/2026