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 .
Election/Restrictions
Applicant elected without traverse Species VII, and Sub-Species II directed to Fig. 8 and 10 in the reply received on 3 December 2024.
In the latest set of amended claims received on 1 December 2025, some of the claims have changed the description of the claimed subject matter in a way that are describing other non-elected species. The following are the claims directed to another non-species.
Claim 2 describes that “said most coronal part of said coronal part has a cylindrical segment with one external diameter, said cylindrical segment of said most coronal part of said coronal part extends coronally from said coronal region of said coronal part and being parallel to a central longitudinal axis of said implant; an entire external surface of said cylindrical segment of said most coronal part of said coronal part being part of said external surface of said intra-bony coronal part; said coronal region of said coronal part has at least one external slot; and wherein said external diameter of said cylindrical segment of said most coronal part of said coronal part being smaller than an overall external diameter of said coronal region of said coronal part just apically to said cylindrical segment of said most coronal part of said coronal part” in lines 17-28, is describing element 145 in Fig. 14 of the non-elected Species IX.
Claim 3 describes that “said dental system is part of a system comprising said dental implant and a prosthetic element; a coronal part of said dental implant has a tapered socket becoming narrower apically for receiving said prosthetic element; apically to said tapered socket said dental implant has a first non- circular socket; apically to said first non-circular socket said dental implant has a second non-circular socket; apically to said second non-circular socket said dental implant has an internal thread; all lateral walls of said first non-circular socket and all lateral walls of said second non-circular socket are parallel to a central longitudinal axis of said dental implant; said prosthetic element being fixated to said dental implant by a screw, which is screwed inside said internal thread; said prosthetic element has a non-circular protrusion, said non-circular protrusion of said prosthetic element engages at least part of said first non- circular socket and at least part of said second non-circular socket so said at least part of said first non-circular socket prevents rotation of said prosthetic element and said at least part of said second non-circular socket prevents rotation of said prosthetic element; along an external surface of said non-circular protrusion of said prosthetic element there are straight lines, each one of said straight lines extends at least along a majority of a coronal-apical length of said non-circular protrusion; each one of said straight lines engages both at least part of said lateral walls of said first non-circular socket and at least part of said lateral walls of said second non-circular socket; and wherein at least part of said straight lines are located at the most lateral locations of said non-circular protrusion” in lines 17-28, is describing elements found in Fig. 6 and 6A of the non-elected Species V. For that reason, claims 4 and 5, that depends on claim 3, are in addition withdrawn from consideration.
Claim 10 describes that “said most coronal part of said coronal part has a cylindrical segment with one external diameter, said cylindrical segment of said most coronal part of said coronal part extends coronally from said coronal region of said coronal part and being parallel to a central longitudinal axis of said implant; an entire external surface of said cylindrical segment of said most coronal part of said coronal part being part of said external surface of said intra-bony coronal part; said coronal region of said coronal part has at least one external slot; said external diameter of said cylindrical segment of said most coronal part of said coronal part being smaller than an overall external diameter of said coronal region of said coronal part just apically to said cylindrical segment of said most coronal part of said coronal part” in lines 15-26, is describing element 145 of Fig. 14 of the non-elected Species IX. For that reason, claims 10-11, that depends on claim 10, are in addition withdrawn from consideration.
Claim 14 describes that “said most coronal part of said coronal part extends coronally from said coronal region of said coronal part to a coronal edge of said coronal part; said most coronal part of said coronal part has a cylindrical segment with one external diameter, said cylindrical segment of said most coronal part of said coronal part extends coronally from said coronal region of said coronal part and being parallel to a central longitudinal axis of said implant; an entire external surface of said cylindrical segment of said most coronal part of said coronal part being part of said external surface of said intra-bony coronal part; said coronal region of said coronal part has at least one external slot; and wherein said external diameter of said cylindrical segment of said most coronal part of said coronal part being smaller than an overall external diameter of said coronal region of said coronal part just apically to said cylindrical segment of said most coronal part of said coronal part” in lines 17-28, is describing element 145 of Fig. 14 of the non-elected Species IX. For that reason, claim 15, that depends on claim 14, are in addition withdrawn from consideration.
Claim 18 describes that “said most coronal part of said coronal part has a cylindrical segment with one external diameter, said cylindrical segment of said most coronal part of said coronal part extends coronally from said coronal region of said coronal part and being parallel to a central longitudinal axis of said implant; an entire external surface of said cylindrical segment of said most coronal part of said coronal part being part of said external surface of said intra-bony coronal part; said coronal region of said coronal part has at least one external slot; and wherein said external diameter of said cylindrical segment of said most coronal part of said coronal part being smaller than an overall external diameter of said coronal region of said coronal part just apically to said cylindrical segment of said most coronal part of said coronal part” in lines 17-28, is describing element 145 of Fig. 14 of the non-elected Species IX. For that reason, claims 18-19, that depends on claim 17, are in addition withdrawn from consideration.
Therefore, the claims 2-8, 10-12, 14-16 and 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected species.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9, 13 and 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 9, 13 and 17, in lines 33-44 of claim 9, in lines 30-41 of claim 13 and in lines 44-55 of claim 17 describe that part of the right edge of the first tap has an angle of less than 90 degrees between the right side and the external surface, at the same time it is described that part of said right edge of the first tap has an angle of more than 90 degrees between the right side and the externa surface, in which it is considered indefinite. It is not understood that the same right edge at the same location has an angle having less than 90 degrees and at the same time more than 90 degrees. The same applies to the part of the left edge of the second tap having more than 90 degrees and less than 90 degrees.
If the intention of the applicant is to describe that a part of the right edge of the first tap has an angle less than 90 degrees, and another part of the right edge along its longitudinal direction in the same first tap has an angle of more than 90 degrees, and the same applies to the left edge of the second tap, the claims are not clear enough to distinguish one part from the other along the same left edge and right edge. For examination purposes, the term will be interpreted as that a part of the right edge of the first tap has an angle less than 90 degrees, and another part along the longitudinal direction of the right edge of the first tap has an angle of more than 90 degrees, and the same applies to the left edge of the second tap.
Claim Objections
Claims 1, 9, 13 and 17 are objected to because of the following informalities: The claims use the term “external surface” in line 23 for claim 1, line 21 for claim 9, line 18 and line 36 for claim 17. Even when it is understood that any physical object includes an external surface, it is suggested to add the article “an” prior to the term “external surface” in the indicated lines above, so that it provides proper antecedent bases of said limitation in each of the claims. Appropriate correction is required.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Hurson (US 20080261176 A1) in view of Chen (US 20090130631 A1).
[AltContent: textbox (Apical end)][AltContent: arrow][AltContent: textbox (First tap)][AltContent: arrow][AltContent: textbox (One external thread)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Dental implant)][AltContent: textbox (Coronal part)][AltContent: arrow][AltContent: textbox (Apical part)][AltContent: ][AltContent: textbox (First tap left side)][AltContent: arrow][AltContent: arrow][AltContent: textbox (First tap left edge)][AltContent: textbox (First tap right side)][AltContent: arrow][AltContent: textbox (External surface)][AltContent: arrow][AltContent: textbox (First tap right edge)][AltContent: arrow]
PNG
media_image1.png
738
408
media_image1.png
Greyscale
[AltContent: arrow][AltContent: textbox (One external thread)][AltContent: arrow][AltContent: textbox (Tapered core)][AltContent: connector]
PNG
media_image2.png
752
366
media_image2.png
Greyscale
[AltContent: textbox (Height)][AltContent: ][AltContent: ][AltContent: ][AltContent: arrow][AltContent: textbox (Lateral edge)][AltContent: textbox (Apical side)][AltContent: textbox (Fig. 6 zoomed portion)][AltContent: textbox (Coronal side)][AltContent: arrow][AltContent: textbox (Base)][AltContent: arrow][AltContent: connector][AltContent: arrow][AltContent: textbox (Apical part portion)]
PNG
media_image3.png
210
88
media_image3.png
Greyscale
Regarding claim 1, Hurson discloses a dental implant (20) for inserting inside a jawbone including:
a coronal part and an apical part (see annotated Fig. 1A above);
the apical part includes at least one region including a tapered core becoming narrower apically and at least one external thread (30) extending along the tapered core (see annotated Fig. 1A and 6 above);
said at least one external thread (30) has an apical side, a coronal side, a lateral edge connecting the apical side and the coronal side, a base touching said tapered core, a height defined between said lateral edge and said base (see annotated Fig. 6 zoomed portion);
said height being progressively expanded in the apical direction along said at least one region (see in Fig. 6 above – where the height of the thread gradually increases in the coronal to apical direction);
wherein in an apical-coronal cross-section the lateral edge of one thread turns of the at least one external thread (30) is larger than said lateral edge of a previous thread turn of the at least one external thread (30) located apically to the one thread turn in the apical-coronal cross-section (see in Fig. 6 above – where the lateral edge thickness increases from the apical end to the coronal part, turning thicker in the coronal direction);
the apical part has a first tap extending from an apical end of said apical part coronally along more than a half of an apical-coronal length of the dental implant (20) while crossing the at least one external thread (30) (see Fig. 1A and [0063 – “the body 26 can be configured to be self-tapping”);
at least part of the first tap when viewed from a first side elevation view perspective, in which said coronal part being above the apical part, has a right side of the first tap and a left side of the first tap that both extend from the external surface of the apical part towards the inside of the apical part (see annotated Fig. 1A above);
the right side of the first tap forms a right edge of the first tap with the external surface of the apical part (see annotated Fig. 1A above);
the left side of the first tap forms a left edge of the first tap with the external surface of the apical part (see annotated Fig. 1A above).
However, Hurson does not disclose that the dental implant includes a second tap extending from an apical end of the apical part coronally along more than a half of an apical-coronal length of the dental implant while crossing the at least one external thread;
that at least part of the second tap when viewed from a second side elevation view perspective, in which the coronal part being above the apical part, has a right side of the second tap and a left side of the second tap that both extend from the external surface of the apical part towards the inside of the apical part;
the right side of the second tap forms a right edge of the second tap with the external surface of the apical part;
the left side of the second tap forms a left edge of the second tap with the external surface of the apical part;
wherein at least part of the right edge of the first tap has an angle of less than 90 degrees between the right side of the first tap forming the right edge of the first tap and the external surface of the apical part;
wherein at least part of the left edge of the second tap has an angle of less than 90 degrees between the left side of the second tap forming the left edge of the second tap and the external surface of the apical part;
and wherein the first and second taps are arranged to function in a synergistic manner such that: when the implant is rotated clockwise, the at least part of the right edge of the first tap cuts the jawbone tap, and when the implant is rotated counterclockwise, the at least part of the left side of the second tap cuts the jawbone.
[AltContent: textbox (Thread)][AltContent: textbox (Apical part)][AltContent: ][AltContent: ][AltContent: textbox (Coronal part)][AltContent: arrow][AltContent: textbox (Second tap)][AltContent: arrow][AltContent: textbox (First tap)][AltContent: arrow][AltContent: arrow][AltContent: connector][AltContent: textbox (Tapered core)][AltContent: arrow][AltContent: textbox (Dental implant)]
PNG
media_image4.png
746
412
media_image4.png
Greyscale
[AltContent: textbox (Added imaginary lines to measure angle)][AltContent: connector][AltContent: connector][AltContent: ][AltContent: textbox (Second tap left side)][AltContent: ][AltContent: textbox (Angle of less than 90 degrees at the edge)][AltContent: arc][AltContent: ][AltContent: arrow][AltContent: textbox (Second tap left edge)][AltContent: ][AltContent: textbox (Second tap right side)][AltContent: textbox (Second tap right edge)][AltContent: arrow][AltContent: ][AltContent: arrow][AltContent: ][AltContent: textbox (First tap right edge)][AltContent: textbox (First tap right side)][AltContent: textbox (First tap left edge)][AltContent: ][AltContent: textbox (First tap left side)][AltContent: textbox (First tap)][AltContent: arrow][AltContent: textbox (Second tap)][AltContent: arrow][AltContent: arrow][AltContent: textbox (External surface)]
PNG
media_image5.png
486
484
media_image5.png
Greyscale
Chen teaches a dental implant (20) for inserting inside a jawbone including:
a coronal part and an apical part (see annotated Fig. 4 above);
the apical part has a first tap and a second tap that both extend from an apical end of said apical part coronally along more than a half of an apical- coronal length of said dental implant while crossing said at least one external thread (see annotated Fig. 4 above);
the first tap and the second tap are formed by arciform surfaces in which both taps extend from the external surface the apical part towards the inside of the apical part (see annotated Fig. 5 above, [0012] and [0027]);
the arciform surfaces of the first tap and the second tap are formed by each having a right side and a left side that both extend from the external surface of the apical part towards the inside of the apical part (see Fig. 4 and 5 above);
the right side of the first tap forms a right edge with the external surface (see annotated Fig. 5 above);
the left side of the first tap forms a left edge with said external surface (see annotated Fig. 5 above);
the right side of the second tap forms a right edge with the external surface (see annotated Fig. 5 above);
the left side of said second tap forms a left edge with the external surface (see annotated Fig. 5 above);
due to the each of the first tap and the second tap are formed by arciform surfaces, all of the right edges and the left edges on all the taps have an angle of less than 90 degrees between the external surface and the adjacent side of each tap (see annotated Fig. 5 above – where it has been added two imaginary lines, one tangent to the external surface and a second line transvers from the tangent line, having the intersection at on edge of one of the taps; where it is shown that the angle between one of the sides of that tap and the external surface is less than the transvers line with the tangent line, making it less than 90 degrees); due to all the edges provide said angle of less than 90 degrees, the left edge and the right edge are capable of cutting the bone depending on the direction of rotation of the dental implant.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the quantity of taps and the internal shape of the taps of Hurson, with the arciform surfaces of the taps of Chen, in order to provide a dental implant capable of cutting bone during a clockwise or counter clockwise rotation of the dental implant, and due to the arciform surfaces it further provides more space to accommodate the bone dust during installation.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 and 9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 12, 14 of U.S. Patent No. 11291530 B2 in view of Hurson (US 20080261176 A1).
Regarding claim 1, U.S. Patent No. 11291530 B2 discloses dental implant for inserting inside a jawbone including:
a coronal part and an apical part (see claim 1, col. 25, line 8);
said apical part includes at least one external thread extending along apical part (see claim 1, col. 25, lines 10-12);
said apical part has a first tap and a second tap that both extend from an apical end of said apical part coronally along an apical- coronal length of said dental implant while crossing said at least one external thread (see claim 1, col. 25, lines 20-22);
at least part of said first tap when viewed from a first side elevation view perspective, in which said coronal part being above said apical part, has a right side of said first tap and a left side of said first tap that both extend from said external surface of said apical part towards the inside of said apical part (see claim 1, col. 25, lines 23-28);
at least part of said second tap when viewed from a second side elevation view perspective, in which said coronal part being above said apical part, has a right side of said second tap and a left side of said second tap that both extend from said external surface of said apical part towards the inside of said apical part (see claim 1, col. 25, lines 29-34);
said right side of said first tap forms a right edge of said first tap with said external surface of said apical part (see claim 1, col. 25, lines 35-36);
said left side of said first tap forms a left edge of said first tap with said external surface of said apical part (see claim 1, col. 25, lines 37-38);
said right side of said second tap forms a right edge of said second tap with said external surface of said apical part (see claim 1, col. 25, lines 39-41);
said left side of said second tap forms a left edge of said second tap with said external surface of said apical part (see claim 1, col. 25, lines 42-44);
wherein at least part of said right edge of said first tap has an angle of less than 90 degrees between said right side of said first tap forming said right edge of said first tap and said external surface of said apical part (see claim 1, col. 25, lines 45-50);
wherein at least part of said left edge of said second tap has an angle of less than 90 degrees between said left side of said second tap forming said left edge of said second tap and said external surface of said apical part (see claim 1, col. 25, lines 56-60).
However, U.S. Patent No. 11291530 B2 does not disclose that the apical part includes at least one region including a tapered core becoming narrower apically and at least one external thread extending along said tapered core; that at least one external thread has an apical side, a coronal side, a lateral edge connecting said apical side and said coronal side, a base touching said tapered core, a height defined between said lateral edge and said base; that said height being progressively expanded in the apical direction along said at least one region; that wherein in an apical-coronal cross-section said lateral edge of one thread turn of said at least one external thread is larger than said lateral edge of a previous thread turn of said at least one external thread located apically to said one thread turn in said apical-coronal cross-section; and the taps extend more than a half of an apical- coronal length of said dental implant while crossing said at least one external thread.
Hurson teaches a dental implant where in an apical part of its core includes at least one region with a tapered core becoming narrower apically (see annotated Fig. 6 above). Where the apical part includes one external thread (30) having an apical side, a coronal side, a lateral edge connecting said apical side and said coronal side, a base touching said tapered core, a height defined between said lateral edge and said base (see annotated Fig. 6 zoomed portion above). Where the height of the thread is progressively expanded in the apical direction along at least one region (see annotated Fig. 6 above). That in an apical-coronal cross-section the lateral edge of a thread turn of that external thread is larger than the lateral edge of a previous thread turn of at least one external thread located apically to said one thread turn in said apical-coronal cross-section (see annotated Fig. 1, 6 and 6 zoomed portion above). Where the tap extends more than a half of an apical-coronal length of the dental implant while crossing the external thread (see Fig. 1 above and [0061], [0063] – where in [0061] – is incorporating reference PCT/IL2004/00438 in which is WO 2004103202 that includes in page 2, lines 16-20 and 22-23 the description of the intended use of the threads shape configuration claimed and used in Hurson’s, and in page 6, lines 26-28 also teaches that the tap extends more than one third of the length of the implant; therefore, due to it is indicating a minimum length, the maximum length is open to length of the apical portion, in this way the tap can extends a length of more than half of the apical portion).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the threads of the dental implant of U.S. Patent No. 11291530 B2, with the tapered core, the extension of the taps in the longitudinal direction and the threads configuration of the dental implant of Hurson, in order to be easy to install in the bone hole, in addition of providing the ability to osseointegrate with the alveolar bone and improve stability for in low density bone and at the same time it can be used in hard bone, and the threads produce bone condensation while its easily inserted into the bone.
Regarding claim 9, U.S. Patent No. 11291530 B2 discloses a dental implant for inserting inside a jawbone including:
a coronal part and an apical part (see claim 1, col. 25, line 8);
said apical part includes at least one apical region including a core and at least one external thread extending along the core;
said apical part has a first tap and a second tap that both extend from an apical end of said apical part coronally along a length of said dental implant while crossing said at least one external thread (see claim 1, col. 25, lines 20-22);
at least part of said first tap when viewed from a first side elevation view perspective, in which said coronal part being above said apical part, has a right side of said first tap and a left side of said first tap that both extend from said external surface of said apical part towards the inside of said apical part (see claim 1, col. 25, lines 23-28);
at least part of said second tap when viewed from a second side elevation view perspective, in which said coronal part being above said apical part, has a right side of said second tap and a left side of said second tap that both extend from said external surface of said apical part towards the inside of said apical part (see claim 1, col. 25, lines 29-34):
said right side of said first tap forms a right edge of said first tap with said external surface of said apical part, said left side of said first tap forms a left edge of said first tap with said external surface of said apical part, said right side of said second tap forms a right edge of said second tap with said external surface of said apical part, said left side of said second tap forms a left edge of said second tap with said external surface of said apical part (see claim 1, col. 25, lines 35-44);
wherein part of said right edge of said first tap has an angle of less than 90 degrees between said right side of said first tap forming said right edge of said first tap and said external surface of said apical part (see claim 1, col. 25, lines 45-50);
part of said right edge of said first tap has an angle of more than 90 degrees between said right side of said first tap forming said right edge of said first tap and said external surface of said apical part (see claim 1, col. 25, lines 51-55);
wherein part of said left edge of said second tap has an angle of less than 90 degrees between said left side of said second tap forming said left edge of said second tap and said external surface of said apical part (see claim 1, col. 25, lines 56-61);
part of said left edge of said second tap has an angle of more than 90 degrees between said left side of said second tap forming said left edge of said second tap and said external surface of said apical part (see claim 1, col. 25, lines 62-67).
However, U.S. Patent No. 11291530 B2 does not disclose that the core becomes narrower apically; that at least one external thread has an apical side, a coronal side, a lateral edge connecting said apical side and said coronal side, a base touching said tapered core, a height defined between said lateral edge and said base; that said height being progressively expanded in the apical direction along said at least one region; and a length of said lateral edge is configured to progressively be expanded in the coronal direction along said at least one region; and that that first tap and a second tap extend along more than a half of an apical- coronal length of the dental implant.
Hurson teaches a dental implant where its core in an apical part includes at least one region including a tapered core becoming narrower apically (see annotated Fig. 6 above). Where the apical part includes one external thread (30) having an apical side, a coronal side, a lateral edge connecting said apical side and said coronal side, a base touching said tapered core, a height defined between said lateral edge and said base (see annotated Fig. 6 zoomed portion above). Where the height of the thread is progressively expanded in the apical direction along at least one region (see annotated Fig. 6 above). That the length of said lateral edge is configured to progressively be expanded in the coronal direction along said at least one region (see annotated Fig. 1, 6 and 6 zoomed portion above). Where the tap extends more than a half of an apical-coronal length of the dental implant while crossing the external thread (see Fig. 1 above and [0061], [0063] – where in [0061] – is incorporating reference PCT/IL2004/00438 in which is WO 2004103202 that includes in page 2, lines 16-20 and 22-23 the description of the intended use of the threads shape configuration claimed and used in Hurson’s, and in page 6, lines 26-28 also teaches that the tap extends more than one third of the length of the implant; therefore, due to it is indicating a minimum length, the maximum length is open to length of the apical portion, in this way the tap can extends a length of more than half of the apical portion).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the threads of the dental implant of U.S. Patent No. 11291530 B2, with the tapered core, the extension of the taps in the longitudinal direction and the threads configuration of the dental implant of Hurson, in order to be easy to install in the bone hole, in addition of providing the ability to osseointegrate with the alveolar bone and improve stability for in low density bone and at the same time it can be used in hard bone, and the threads produce bone condensation while it is easily inserted into the bone.
Claims 13 and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11273014 B2 in view of Hurson (US 20080261176 A1).
Regarding claim 13, U.S. Patent No. 11273014 B2 discloses a dental implant for inserting inside a jawbone including:
a coronal part and an apical part (see claim 1, col. 25, line 31);
said apical part includes at least one apical region including a core and at least one external thread extending along said core (see claim 1, col. 25, lines 10-13);
said apical part has a first tap and a second tap that both extend from an apical end of said apical part coronally along length of said body while crossing said at least one external thread (see claim 1, col. 25, lines 44-47);
at least part of said first tap when viewed from a first side elevation view perspective, in which said coronal part being above said apical part, has a right side of said first tap and a left side of said first tap that both extend from said external surface of said apical part towards the inside of said apical part (see claim 1, col. 25, lines 48-53);
at least part of said second tap when viewed from a second side elevation view perspective, in which said coronal part being above said apical part, has a right side of said second tap and a left side of said second tap that both extend from said external surface of said apical part towards the inside of said apical part (see claim 1, col. 25, lines 29-34);
said right side of said first tap forms a right edge of said first tap with said external surface of said apical part, said left side of said first tap forms a left edge of said first tap with said external surface of said apical part, said right side of said second tap forms a right edge of said second tap with said external surface of said apical part, said left side of said second tap forms a left edge of said second tap with said external surface of said apical part (see claim 1, col. 25, lines 53-57);
wherein part of said right edge of said first tap has an angle of less than 90 degrees between said right side of said first tap forming said right edge of said first tap and said external surface of said apical part (see claim 1, col. 25, lines 57-62);
part of said right edge of said first tap has an angle of more than 90 degrees between said right side of said first tap forming said right edge of said first tap (see claim 1, col. 25, line 67 through col. 26, line 6) and said external surface of said apical part wherein part of said left edge of said first tap has an angle of less than 90 degrees between said left side of said first tap forming said left edge of said first tap and said external surface of said apical part (see claim 1, col. 26, lines 6-10);
part of said left edge of said first tap has an angle of more than 90 degrees between said left side of said first tap forming said left edge of said first tap and said external surface of said apical part (see claim 1, col. 26, lines 63-66).
However, U.S. Patent No. 11273014 B2 does not disclose that the core of the apical part is tapered, becoming narrower apically; that said at least one external thread has an apical side, a coronal side, a lateral edge connecting said apical side and said coronal side, a base touching said tapered core, a height defined between said lateral edge and said base; said height being progressively expanded in the apical direction along said at least one region; and that first tap and a second tap extend along more than a half of an apical- coronal length of said body while crossing said at least one external thread.
Hurson teaches a dental implant where its core in an apical part includes at least one region including a tapered core becoming narrower apically (see annotated Fig. 6 above). Where the apical part includes one external thread (30) having an apical side, a coronal side, a lateral edge connecting said apical side and said coronal side, a base touching said tapered core, a height defined between said lateral edge and said base (see annotated Fig. 6 zoomed portion above). Where the height of the thread is progressively expanded in the apical direction along at least one region (see annotated Fig. 6 above). Where the tap extends more than a half of an apical-coronal length of the dental implant while crossing the external thread (see Fig. 1 above and [0061], [0063] – where in [0061] – is incorporating reference PCT/IL2004/00438 in which is WO 2004103202 that includes in page 2, lines 16-20 and 22-23 the description of the intended use of the threads shape configuration claimed and used in Hurson’s, and in page 6, lines 26-28 also teaches that the tap extends more than one third of the length of the implant; therefore, due to it is indicating a minimum length, the maximum length is open to length of the apical portion, in this way the tap can extends a length of more than half of the apical portion).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the threads of the dental implant of U.S. Patent No. 11291530 B2, with the tapered core, the extension of the taps in the longitudinal direction and the threads configuration of the dental implant of Hurson, in order to be easy to install in the bone hole, in addition of providing the ability to osseointegrate with the alveolar bone and improve stability for in low density bone and at the same time it can be used in hard bone, and where the threads configuration produce bone condensation while its easily inserted into the bone.
Regarding claim 17, U.S. Patent No. 11273014 B2 discloses a dental implant for inserting inside a jawbone including:
a coronal part and an apical part (see claim 1, col. 25, line 31);
said apical part includes at least one region comprising a core and at least one external thread extending along said tapered core (see claim 1, col. 25, lines 10-13);
said apical part has a first tap and a second tap that both extend from an apical end of said apical part coronally along said body while crossing said at least one external thread (see claim 1, col. 25, lines 44-47);
at least part of said first tap when viewed from a first side elevation view perspective, in which said coronal part being above said apical part, has a right side of said first tap and a left side of said first tap that both extend from said external surface of said apical part towards the inside of said apical part (see claim 1, col. 25, lines 48-53);
at least part of said second tap when viewed from a second side elevation view perspective, in which said coronal part being above said apical part, has a right side of said second tap and a left side of said second tap that both extend from said external surface of said apical part towards the inside of said apical part (see claim 1, col. 25, lines 29-34);
said right side of said first tap forms a right edge of said first tap with said external surface of said apical part, said left side of said first tap forms a left edge of said first tap with said external surface of said apical part, said right side of said second tap forms a right edge of said second tap with said external surface of said apical part, said left side of said second tap forms a left edge of said second tap with said external surface of said apical part (see claim 1, col. 25, lines 53-57);
wherein part of said right edge of said first tap has an angle of less than 90 degrees between said right side of said first tap forming said right edge of said first tap and said external surface of said apical part (see claim 1, col. 25, lines 57-62);
part of said left edge of said first tap has an angle of more than 90 degrees between said left side of said first tap forming said left edge of said first tap and said external surface of said apical part (see claim 1, col. 26, lines 63-66);
wherein part of said left edge of said second tap has an angle of less than 90 degrees between said left side of said second tap forming said left edge of said second tap and said external surface of said apical part (see claim 1, col. 26, lines 6-10);
part of said right edge of said second tap has an angle of more than 90 degrees between said right side of said second tap forming said right edge of said second tap and said external surface of said apical part (see claim 1, col. 25, line 67 through col. 26, line 6).
However, U.S. Patent No. 11273014 B2 does not disclose that the core at the apical part is tapered so that it becomes narrower apically; that at least one external thread has an apical side, a coronal side, a lateral edge connecting said apical side and said coronal side, a base touching said tapered core, a height defined between said lateral edge and said base; said height being progressively expanded in the apical direction along said at least one region; wherein in an apical-coronal cross-section said lateral edge of one thread turn of said at least one external thread is larger than said lateral edge of a previous thread turn of said at least one external thread located apically to said one thread turn in said apical-coronal cross-section; said coronal side and said apical side are configured so during said inserting of said dental implant inside said jawbone said coronal side of said previous thread turn is located at a first apical-coronal location inside said jawbone and said apical side of said previous thread turn is located at a second apical-coronal location inside said jawbone; wherein after additional rotating said dental implant one full clockwise rotation during said inserting of said dental implant inside said jawbone, said coronal side of said one thread turn is located coronally to said first apical- coronal location and said apical side of said one thread turn is located apically to said second apical-coronal location; and that the first tap and the second tap extend in an apical coronal direction more than a half of an apical- coronal length.
Hurson teaches a dental implant where its core in an apical part includes at least one region including a tapered core becoming narrower apically (see annotated Fig. 6 above). Where the apical part includes one external thread (30) having an apical side, a coronal side, a lateral edge connecting said apical side and said coronal side, a base touching said tapered core, a height defined between said lateral edge and said base (see annotated Fig. 6 zoomed portion above). Where the height of the thread is progressively expanded in the apical direction along at least one region (see annotated Fig. 6 above). That the length of said lateral edge is configured to progressively be expanded in the coronal direction along said at least one region (see annotated Fig. 1, 6 and 6 zoomed portion above). Where the tap extends more than a half of an apical-coronal length of the dental implant while crossing the external thread (see Fig. 1 above and [0061], [0063] – where in [0061] – is incorporating reference PCT/IL2004/00438 in which is WO 2004103202 that includes in page 2, lines 16-20 and 22-23 the description of the intended use of the threads shape configuration claimed and used in Hurson’s, and in page 6, lines 26-28 also teaches that the tap extends more than one third of the length of the implant; therefore, due to it is indicating a minimum length, the maximum length is open to length of the apical portion, in this way the tap can extends a length of more than half of the apical portion). Furthermore, due to the lateral edge of the threads extend in the longitudinal direction along the length of the apical part, it is capable of where in an additional rotation of the dental implant in one full clockwise rotation, the coronal side of the one thread turn is located coronally to the first apical- coronal location of the one full previous rotation and the apical side of the one thread turn is located apically to the second apical-coronal location of the one full previous rotation.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the threads of the dental implant of U.S. Patent No. 11291530 B2, with the tapered core, the extension of the taps in the longitudinal direction and the threads configuration of the dental implant of Hurson, in order to be easy to install in the bone hole, in addition of providing the ability to osseointegrate with the alveolar bone and improve stability for in low density bone and at the same time it can be used in hard bone, and the threads produce bone condensation while it is easily inserted into the bone.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The latest amendments to claim 1 include the subject matter of claims 2 and 5, in which it was not indicated to include allowable subject matter. Furthermore, it was deleted the language lacking proper antecedent bases in the specification, that at the same time it was previously indicated to have allowable subject matter. Furthermore, the added description in combination with the elements set forth in the claim, were found in the prior arts of Hurson and Chen, as described above in the rejection. Therefore, for that reason claim 1 is not ready for allowance.
Regarding claims 9, 13 and 17, it was added a language describing the angle of each of the left edge and right edge of the taps in which it is considered to have 35 U.S.C. 112(b) deficiencies of indefiniteness, indicated in the rejection above. Making the claims not ready for allowance.
Regarding claims 1, 9, 13 and 17, the added language in combination with the limitations previously described have been rejected on the ground of nonstatutory double patenting as indicated above. Making the claims not ready for allowance.
Regarding claims 2, 3, 10, 14 and 18, the claims were withdrawn from consideration by describing embodiments not elected in the response of 3 December 2024 from the Requirement for Restriction of 18 November 2024.
Furthermore, even when the applicant indicated that some features can be interchangeable between species, the structures added to the claim pertain to a patentable distinct species, in which were listed in the Requirement for Restriction of 18 November 2024.
For that reason, said claims and any dependent claims have been withdrawn from consideration.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRAYDA ARLENE APONTE whose telephone number is (571)270-1933. The examiner can normally be reached M-F 8-5.
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, Eric Rosen can be reached at 571-270-7855. 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.
/MIRAYDA A APONTE/Examiner, Art Unit 3772
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772