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 .
Information Disclosure Statement
The information disclosure statement filed November 21, 2023 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because a copy of the cited foreign documents and an associated translation of at least the abstract has not been provided. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
The information disclosure statements (IDS) submitted on August 7, 2024 and June 10, 2025 are noted. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings are objected to because figure 1 contains two different figures that are not each individually labeled and figures 1, 2A, and 3 contain words rather than reference numbers. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “sensor device” in claim 1.
It is noted that claims 3-4, 7, 18-19, 22 and dependent claims are NOT being interpreted under 112(f) as sufficient structure is claimed.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 1-4, 7-13, 16-19, and 22-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oh (KR 101517464).
Oh discloses with respect to claim 1, a dental prosthetic device comprising an anchor portion (see fig. 2, the entire implant portion, see annotated figure below), and a sensor device 100 arranged to be engaged with the anchor portion (see fig. 2, par. 33-34 of translation).
With respect to claim 2, Oh further discloses the device comprising a prosthetic portion arranged to engage the anchor portion or the prosthetic portion (see fig. 2, par. 34, annotated figure below). It is noted that the limitations are in the alternative and therefore, only one of them needs to be taught by the prior art.
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With respect to claim 3, Oh further discloses wherein the sensor is a force sensor (see pars. 28, 34 of translation),
With respect to claim 4, Oh further discloses wherein the sensor device is a force sensor (see pars. 28, 34 of translation) and wherein the force sensor is disposed on a surface of the prosthetic portion and is arranged to measure a force imparted to the prosthetic portion (see par. 34 of translation, such that it is mounted on the surface of the tooth). It is noted that the limitations are in the alternative and therefore, only one of them needs to be taught by the prior art.
With respect to claim 7, Oh further discloses wherein the sensor device is a contact sensor engage with a surface of the prosthetic portion and is arranged to sense external contact with the prosthetic portion (see pars. 28, 34 of translation, specifically when it is mounted on the surface of the tooth, i.e. the prosthetic portion, such that the sensor is a contact sensor in that it is a piezoelectric sensor that measure a force/pressure when it is contacted, i.e. when a force/pressure is applied).
With respect to claim 8, Oh further discloses the device further comprises a power source 130 arranged in electrical communication with the sensor device and disposed within the anchor portion (see fig. 2, par. 37 of translation, such that is “supplies power to the components”).
With respect to claim 9, Oh further discloses a power source 130 arranged in electrical communication with the sensor device (see par. 37 of translation, such that is “supplies power to the components”), and disposed within the anchor portion (see par. 37, figure 2). It is noted that the limitations are in the alternative and therefore, only one of them needs to be taught by the prior art.
With respect to claim 10, Oh further discloses a power source 130 arranged in electrical communication with the sensor device (see par. 37 of translation, such that is “supplies power to the components”), wherein the power source is arranged to generate electrical power in response to vibration or movement thereof (see pars. 31, 37 of translation such that a piezoelectric battery and a triboelectric battery is charged by movement).
With respect to claim 11, Oh further discloses comprising a transmitter 150 in communication with the sensor device and with the power source, wherein the transmitter is arranged to be power by the power source to transmit data from the sensor device away form the dental prosthetic (see pars. 36, 44, 47 of translation, such that it is transmitted to the receiver in the operation unit 170 which is away from the prosthetic).
With respect to claim 12, Oh discloses a prosthetic portion arranged to engage the anchor portion (see fig. 2, annotated figure above), wherein the transmitter is engaged with the anchor portion (see fig. 2, pars. 36, 44, 47). It is noted that the limitations are in the alternative and therefore, only one of them needs to be taught by the prior art.
With respect to claim 13, Oh further discloses a transmitter 150 in communication with the sensor device, wherein the transmitter is arranged to implement a contactless communication modality to transmit data from the sensor device away from the dental prosthetic (see pars. 36, 44, 47 of translation, such that it is transmitted to the receiver in the operation unit 170 which is away from the prosthetic).
With respect to claim 16, Oh discloses a method of forming a dental prosthetic device comprising engaging a sensor device 100 with an anchor portion of a dental prosthetic (see fig. 2, par. 33-34 of translation).
With respect to claim 17, Oh further discloses wherein the dental prosthetic includes a prosthetic portion arranged to be engageable with the anchor portion (see fig. 2, annotated figure above), and wherein the method comprises engaging the sensor device 100 with the anchor portion or with the prosthetic portion (see par. 34 of translation).
With respect to claim 18, Oh further discloses wherein engaging the sensor device 100 comprises engaging a force sensor with the anchor portion (see pars. 28, 34).
With respect to claim 19, Oh further discloses wherein engaging the sensor device comprises engaging a force sensor 100 on a surface of the prosthetic portion (see par. 34 of translation), such that the force sensor is arranged to measure a force imparted to the prosthetic portion (see pars. 28, 34 of translation). It is noted that the limitations are in the alternative and therefore, only one of them needs to be taught by the prior art.
With respect to claim 22, Oh further discloses wherein engaging the sensor device comprises engaging a contact sensor with a surface of the prosthetic portion such that the contact sensor is arranged to sense external contract with the prosthetic portion (see pars. 28, 34 of translation, specifically when it is mounted on the surface of the tooth, i.e. the prosthetic portion, such that the sensor is a contact sensor in that it is a piezoelectric sensor that measure a force/pressure when it is contacted, i.e. when a force/pressure is applied).
With respect to claim 23, Oh further discloses the method further comprises arranging a power source 130 within the anchor portion such that the power source is in electrical communication with the sensor device (see fig. 2, par. 37 of translation, such that is “supplies power to the components”).
With respect to claim 24, Oh further discloses the method further comprising arranging a power source 130 within the anchor portion such that the power source is in electrical communication with the sensor device (see par. 37 of translation, such that is “supplies power to the components”). It is noted that the limitations are in the alternative and therefore, only one of them needs to be taught by the prior art.
With respect to claim 25, Oh further discloses the method further comprising arranging a power source 130 in electrical communication with the sensor device (see par. 37 of translation, such that is “supplies power to the components”), wherein the power source is arranged to generate electrical power in response to vibration or movement thereof (see pars. 31, 37 of translation such that a piezoelectric battery and a triboelectric battery is charged by movement).
With respect to claim 26, Oh further discloses the method further comprising arranging a transmitter 150 in communication with the sensor device and with the power source, wherein the transmitter is arranged to be power by the power source to transmit data from the sensor device away from the dental prosthetic (see pars. 36, 44, 47 of translation, such that it is transmitted to the receiver in the operation unit 170 which is away from the prosthetic).
With respect to claim 27, Oh further discloses the method wherein the dental prosthetic includes a prosthetic portion arranged to engage the anchor portion (see fig. 2, annotated figure above), and wherein arranging the transmitter comprises arranging the transmitter in engagement with the anchor portion (see fig. 2, pars. 36, 44, 47). It is noted that the limitations are in the alternative and therefore, only one of them needs to be taught by the prior art.
With respect to claim 28, Oh further discloses the method further comprise engaging a transmitter 150 in communication with the sensor device, wherein the transmitter is arranged to implement a contactless communication modality to transmit data from the sensor device away from the dental prosthetic (see pars. 36, 44, 47 of translation, such that it is transmitted to the receiver in the operation unit 170 which is away from the prosthetic).
Claim(s) 1-3, 6, 16-18, and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Arakawa (WO 2008/136196).
Arakawa discloses with respect to claim 1, a dental prosthetic device, comprising an anchor portion 4, and a sensor device 6 arranged to be engaged with the anchor portion (see figs. 3-4, pg. 3, last paragraph, pg. 5, second full paragraph, pg. 6, second full paragraph).
With respect to claim 2, Arakawa further discloses the device further comprising a prosthetic portion 2 arranged to engage the anchor portion, wherein the sensor is arranged to be engaged with the anchor portion (see figs. 3-4).
With respect to claim 3, Arakawa further discloses wherein the sensor is a force sensor (see pg. 4, first full paragraph, such that the sensor generated a voltage in response to a force applied, therefore, it is a force sensor such that it detects a force).
With respect to claim 6, Arakawa further discloses, the device wherein the anchor portion includes a wall defining an internal channel 4b (such that the wall is the wall with elements 4d, see fig. 3), and wherein the force sensor is engaged with the wall within the internal channel and is arranged to measure forces imparted to the anchor portion (see fig. 4, such that when assembled the sensor engages the wall, further the sensor measures the force applied to the anchor in that the force applied to the prosthetic element are indirectly applied to the anchor, and therefore, a force applied to the anchor is measured, such that the sensor measure if a force is applied or not applied, see pg. 2, first paragraph regarding the force applied to the anchor, pg. 4, first full paragraph regarding the sensor measuring a force).
Arakawa discloses with respect to claim 16, a method of forming a dental prosthetic device, comprising engaging a sensor device 6 with an anchor portion 4 of a dental prosthetic (see figs. 3-4, pg. 3, last paragraph, pg. 5, second full paragraph, pg. 6, second full paragraph).
With respect to claim 17, Arakawa further discloses wherein the dental prosthetic includes a prosthetic portion 2 arranged to be engageable with the anchor portion, and the method comprises engaging the sensor device with the anchor portion (see figs. 3-4).
With respect to claim 18, Arakawa further discloses wherein engaging the sensor device comprises engaging a force sensor with the anchor portion (see pg. 4, first full paragraph, such that the sensor generated a voltage in response to a force applied, therefore, it is a force sensor such that it detects a force).
With respect to claim 21, Arakawa further discloses, the device wherein the anchor portion includes a wall defining an internal channel 4b (such that the wall is the wall with elements 4d, see fig. 3), and wherein engaging the sensor device comprises engaging the force sensor within the internal channel such that the force sensor is arranged to measure forces imparted to the anchor portion (see fig. 4, such that when assembled the sensor engages the wall, further the sensor measures the force applied to the anchor in that the force applied to the prosthetic element are indirectly applied to the anchor, and therefore, a force applied to the anchor is measured, such that the sensor measure if a force is applied or not applied, see pg. 2, first paragraph regarding the force applied to the anchor, pg. 4, first full paragraph regarding the sensor measuring a force).
Claim(s) 1-2, 14-17, and 29-30 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wolff et al. (2004/0158194).
Wolff discloses with respect to claim 1 a dental prosthesis device comprising an anchor portion 220 and a sensor device 215 arranged to be engaged with the anchor portion (see fig. 10, par. 239).
Wolff further discloses with respect to claim 2, a prosthetic portion 210 arranged to engage the anchor portion, wherein the sensor device is arranged to be engaged with the anchor portion, with the prosthetic portion, or between the anchor portion and the prosthetic portion (see par. 239. Fig. 10).
With respect to claim 14, Wolff further discloses comprising a reservoir 216 arranged to contain a medicament (par. 238), and a dispensing device 218 in communication with the reservoir and arranged to dispense the medicament therefrom away form the dental prosthetic (par. 238, such that it is dispensed outside of the dental prosthetic device).
With respect to claim 15, Wolff further discloses comprising a prosthetic portion 210 arranged to engage the anchor portion 220 (see fig. 10), wherein each of the reservoir and the dispensing device is arranged within the prosthetic portion (see fig. 10, par. 238)). It is noted that the limitations are in the alternative and therefore, only one of them needs to be taught by the prior art.
Wolff discloses with respect to claim 16 a method of forming dental prosthesis device comprising engaging a sensor device 215 with an anchor portion 220/230 of a dental prosthetic (see fig. 10, par. 239).
Wolff further discloses with respect to claim 17, wherein the dental prosthetic includes a prosthetic portion 210 arranged to be engageable with the anchor portion 220 and wherein the method comprises engaging the sensor device with the anchor portion (see par. 239. Fig. 10).
With respect to claim 29, Wolff further discloses engaging a reservoir 216 arranged to contain a medicament (par. 238), and a dispensing device 218 in communication with the reservoir and arranged to dispense the medicament therefrom away from the dental prosthetic (par. 238, such that it is dispensed outside of the dental prosthetic device) within the anchor portion (see fig. 10, such that the reservoir and dispensing device are engaged with the anchor portion).
With respect to claim 30, Wolff further discloses wherein the dental prosthetic includes a prosthetic portion 210 arranged to engage the anchor portion 220 (see fig. 10), and wherein the method comprise arranging each of the reservoir and the dispensing device within the prosthetic portion(see fig. 10, par. 228) . It is noted that the limitations are in the alternative and therefore, only one of them needs to be taught by the prior art.
Claim(s) 1, 3, 5, 16, 18, 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shi (CN 112773568).
Shi discloses with respect to claim 1, a dental prosthetic device (such that it is capable of functioning as dental prosthetic device in that it is designed for implantation into the bone and depending on the size of the patient, i.e. a large animal, it is capable of functioning as a dental prosthetic device), comprising an anchor portion (see fig. 1, such that the implant element is the anchor portion) and a sensor device arranged to be engaged with the anchor portion (see pars. 22-23, 92-93).
With respect to claim 3, Shi further discloses, wherein the sensor device is a force sensor (see pars. 22-23, 92-93).
With respect to claim 5, Shi further discloses, wherein the anchor portion defines external threads 1 adapted to threadedly engage a structure, and wherein the force sensor is engaged with the external threads and is arranged to measure a threading force engaging the anchor portion with the structure (see pars. 22-23, 92-93, such that structure is the bone).
Shi discloses with respect to claim 16, a method of forming a dental prosthetic device (such that it is capable of functioning as dental prosthetic device in that it is designed for implantation into the bone and depending on the size of the patient, i.e. a large animal, it is capable of functioning as a dental prosthetic device), comprising engaging a sensor device with an anchor portion of a dental prosthetic device (see fig. 1, such that the implant element is the anchor portion, see pars. 22-23, 92-93, see above regarding the device being a dental prosthetic device).
With respect to claim 18, Shi further discloses, wherein engaging the sensor device comprises engaging a force sensor with the anchor portion (see pars. 22-23, 92-93).
With respect to claim 20, Shi further discloses, wherein the anchor portion defines external threads 1 adapted to threadedly engage a structure, and wherein engaging the sensor device comprises engaging the force sensor is engaged with the external threads such that the force sensor is arranged to measure a threading force engaging the anchor portion with the structure (see pars. 22-23, 92-93, such that structure is the bone).
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.
Claim(s) 6 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arakawa (WO 2008/136196) as applied to claims 3 and 18 above, and further in view of Oh (KR 101517464).
Arakawa teaches the invention as substantially claimed and discussed above, including a force sensor for measuring/detecting a force applied to the anchor portion (see detailed discussion above), however, in the alternative Arakawa does not specifically teach measuring the force (such that it only detects the force and does not measure the degree of the force).
Oh teaches a method of forming a dental prosthesis and the dental prosthesis, comprising engaging a sensor device 100 with an anchor portion of a dental prosthetic (see fig. 2, par. 33-34 of translation), wherein engaging the sensor device 100 comprises engaging a force sensor with the anchor portion (see pars. 28, 34) and the force sensor measure the force applied to the dental prosthetic device (see pars. 28, 34. It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify the piezoelectric force sensor of Arakawa with the piezoelectric force sensor for measuring the degree of the force taught by Oh in order to alert the user if an undesirable force is applied to the device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/HEIDI M EIDE/Primary Examiner, Art Unit 3772 7/25/2025