DETAILED ACTION
Claims 1-2, 4 and 6-7 are currently pending and under examination.
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 .
Withdrawn Rejections
The prior rejection of claims 2 and 7 under 112(b) is withdrawn in light of Applicant’s claim amendments to proper refer back to “at least one lanthanoid fluoride powder”, which the Examiner finds persuasive.
The prior rejection of claims 1-4 and 6 under 35 U.S.C. 103 as being unpatentable over DE3840769 is withdrawn in light of Applicant’s amendment to require aluminosilicate glass, which the ‘769 publication does not teach.
Examiner’s Note
Applicant's amendments and arguments filed 04/17/2026 are acknowledged and have been fully considered. The Examiner has re-weighed all the evidence of record. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application. In the Applicant’s response, filed 04/17/2026, it is noted that claims 1-2, 6-7 are amended and no new matter or claims have been added.
Modified Rejection:
The following rejection is modified based on Applicant’s claim amendments.
Claim(s) 1-2, 4, 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2011-207806 (previously applied) in view of DE 3840769 (previously applied).
Regarding claims 1-2, the limitation of a dental composition comprising an acidic component and at least one lanthanoid fluoride powder selected from the group consisting of fluoride powders of lanthanoids having an atomic number of 66 or less is met by the ‘806 publication teaching dental curable compositions comprising radically polymerizable methacrylate compound and a filler used for dental treatments [0002]. The composition is taught to include diemethacrylate and aluminosilicate glass powder [0010]. Inclusion of non-glass fillers having radiopacity is blended in order to impart the radiopacity required for dental materials to the dental hardenable compositions [0018]. Non-glass fillers are taught to include lanthanum fluoride [0019]. The composition is taught to include a methacrylate compound having an acid group [0022], wherein the composition is taught to be polymerized, wherein the instant specific teaches polycarboxylic acids include poly(meth)acrylic acid) [0013].
Regarding claim 4, the limitation of wherein the dental compristion is in the form of a paste is met by the ‘806 publication teaching a paste [0033].
Regarding claim 6, the limitation of a dental composition including a first agent and a second agent wherein the first agent contains an acidic component and at least one lanthanoid fluoride powder selected from the group consisting of fluoride powders of lanthanoids having an atomic number of 66 or less is met by the ‘806 publication teaching dental curable compositions comprising radically polymerizable methacrylate compound and a filler used for dental treatments [0002]. The composition is taught to include diemethacrylate and aluminosilicate glass powder [0010]. Inclusion of non-glass fillers having radiopacity is blended in order to impart the radiopacity required for dental materials to the dental hardenable compositions [0018]. Non-glass fillers are taught to include lanthanum fluoride [0019]. The composition is taught to include a methacrylate compound having an acid group [0022], wherein the composition is taught to be polymerized, wherein the instant specific teaches polycarboxylic acids include poly(meth)acrylic acid) [0013]. It is noted the instant claims require a first agent and a second agent, wherein a mixture comprising the first and second agents reads on the claim limitations.
Regarding claim 7, the limitation of a dental compristion wherein the lanthanoid fluoride powder is lanthanum fluoride powder, the first agent further contains a polyacrylic acid and the second acid contains aluminosilicate glass and a (meth)acrylate is met by the ‘806 publication teaching dental curable compositions comprising radically polymerizable methacrylate compound and a filler used for dental treatments [0002]. The composition is taught to include diemethacrylate and aluminosilicate glass powder [0010]. Inclusion of non-glass fillers having radiopacity is blended in order to impart the radiopacity required for dental materials to the dental hardenable compositions [0018]. Non-glass fillers are taught to include lanthanum fluoride [0019]. The composition is taught to include a methacrylate compound having an acid group [0022] wherein the instant specific teaches polycarboxylic acids include poly(meth)acrylic acid) [0013]. It is noted the instant claims require a first agent and a second agent, wherein a mixture comprising the first and second agents reads on the claim limitations.
The ‘806 publication does not specifically teach the at least one lanthanoid fluoride is in powder form (claim 1).
The ‘769 publication teaching the ceramic system comprising lanthanum fluoride [0009] with a grain diameter of less than 10 um [0012], thus reading on powder. The ‘769 publication teaching polycarboxylic acids are taught as added to the composition [0012]. The composition is taught to be dental material ([0004], [0014]).
It would have been prima facie obvious to one of ordinary skill in the art before the filing date of the claimed invention to use known particle sizes of lanthanum fluoride as taught by the ‘769 publication for the lanthanum fluoride taught by the ‘806 publication because both the ‘769 publication and the ‘806 publication are taught to be used in dental applications. It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to use lanthanum fluoride in powder form as the ‘806 publication teaches silicate filler to be in powder form and lanthanum fluoride to be a filler, thus making it obvious to add the lanthanum filler in powder form. One of ordinary skill in the art before the filing date of the claimed invention would have a reasonable expectation of success as the ‘769 publication teaches known particle sizes of lanthanum fluoride to be added to dental compositions.
Response to Arguments:
Applicant’s arguments have been fully considered and are not deemed to be persuasive.
103: the ‘806 publication and the ‘769 publication
Applicant argues the ‘806 publication refers to a compound containing methacrylate group (methacrylic acid ester group) and additionally having an acid functional group. In contrast a “polycarboxylic acid” is a polymer obtained by polymerization of (meth)acrylic acid and therefore does not fall within the category of a methacrylate compound. A “polycarboxylic acid” is not disclosed in the ‘806 patent.
In response, the ‘806 publication teaches the methacrylate compound having a carboxyl group and wherein the acid group can be used in combination of two or more kinds [0022]. Thus the ‘806 publication teaches methacrylate compounds having the claimed carboxylic acid group and in multiples, therefore reading on polycarboxylic acid and wherein the polymerization reaction is taught as being used [0020].
Applicant argues that the ‘769 publication relates to a ceramic system for melts and is in a different technical field than the ‘806 publication. There is no motivation for a person of ordinary skill in the art to combine the disclosures in these references.
In response, the ‘769 publication for the lanthanum fluoride taught by the ‘806 publication because both the ‘769 publication and the ‘806 publication are taught to be used in dental applications. It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to use lanthanum fluoride in powder form as the ‘806 publication teaches silicate filler to be in powder form and lanthanum fluoride to be a filler, thus making it obvious to add the lanthanum filler in powder form.
Conclusion
No claims are allowed.
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.
Examiner Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LYNDSEY MARIE BECKHARDT whose telephone number is (571)270-7676. The examiner can normally be reached Monday-Thursday 9am to 4pm and Friday 9am to 2pm.
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/LYNDSEY M BECKHARDT/Examiner, Art Unit 1613
/BRIAN-YONG S KWON/Supervisory Patent Examiner, Art Unit 1613
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