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 § 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.
Claims 10-11, 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nikolskiy (US 2015/0056576) in view of Worthington (US 2010/0112520).
Nikolskiy shows a device for fitting a patient with a restoration comprising a physical reduction coping comprising one or more exposed regions (801; exposed region 804).
However, Nikolskiy fails to show a physical handle connected to the physical reduction coping.
Worthington similarly shows a dental coping having a handle connected thereto (handling tab 152 extending from coping 150), wherein the handle comprises an identification region comprising an identifier integrated with the physical handle (region/identifier at any portion of 152 may function as such, that it is used for identification is considered intended use that 152 may function as; i.e. the shape, length, diameter may all function as indentification). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Nikolskiy by including a handle as taught by Worthington in order to allow the dentist to better handle the coping during intraoral procedures ([0049]). With respect to claim 11, wherein the handle is integrally connected to the reduction coping (integral as seen in Fig. 5). With respect to claim 13, wherein the physical reduction coping is generated based on a 3D digital model of a virtual reduction coping (this is considered product-by-process where only the resulting structure of a coping with a handle is at issue). With respect to claim 14, wherein the physical reduction coping is generated by additive manufacturing to generate a physical reduction coping from the virtual reduction coping (this is considered product-by-process where only the resulting structure of a coping with a handle is at issue, however Nikolskiy does discuss CAD processes in [0058]). With respect to claim 15, wherein the one or more exposed regions correspond to one or more reduction regions (Fig. 8A-C for instance show this). With respect to claim 16, wherein the one or more exposed regions corresponding to one or more virtual preparation tooth reduction regions (this is considered product-by-process where only the resulting structure of a coping with a handle is at issue, however Nikolskiy does show a reduction coping model as discussed in [0058]). With respect to claim 17, wherein the one or more exposed regions correspond to an insufficient occlusal clearance (this is considered product-by-process where only the resulting structure of a coping with a handle is at issue, however this is the purpose of a reduction coping as discussed in [0058]). With respect to claim 18, wherein the insufficient virtual occlusal clearance comprises an occlusal clearance between one or more preparation tooth occlusal surfaces and one or more opposing tooth occlusal surfaces being less than a minimum required occlusal clearance (this is considered product-by-process where only the resulting structure of a coping with a handle is at issue). With respect to claim 19, wherein the insufficient occlusal clearance comprises a minimum restoration thickness (this is considered product-by-process and intended use where only the resulting structure of a coping with a handle is at issue). With respect to claim 20, wherein the minimum restoration thickness is determined automatically based on a restoration type selected (this is considered product-by-process where only the resulting structure of a coping with a handle is at issue).
Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive.
Applicant again argues that Worthington does not explicitly discuss the handle used for identification/having an identifier integrated with the handle. However, as discussed in the previous rejection, this is considered intended use that a region of the handle could be an identification region/identifier. The resulting structure itself is simply a handle where the identifier/identification region could be the size, length, diameter, color of the structure for instance. See MPEP 2111.05. Particularly, no functional relationship is established by the claim and therefore the identification region is simply related to intended use.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW NELSON whose telephone number is (571)270-5898. The examiner can normally be reached on Monday-Friday 7:30am-5:00pm EDT.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eric Rosen, at (571) 270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW M NELSON/Primary Examiner, Art Unit 3772
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