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's election with traverse of Invention I, Species A in the reply filed on December 29, 2025 is acknowledged. The traversal is on the ground(s) that there is not a search burden between the species. This is not found persuasive because the specific features of the species (including orientation of the arms as described in the requirement for restriction) are distinct and not obvious variants.
The requirement is still deemed proper and is therefore made FINAL.
Claims 17 -18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on December 29, 2025.
The examiner maintains that Claim 8 be withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on December 29, 2025 as described above.
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 4, 7, 9, 10, 11, and 15 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.
Claim 4 recites the limitation "at least one other device central body or one or more arms" in line 2. There is insufficient antecedent basis for this limitation in the claim. Please note: there is not antecedence that the “one other device” of Claim 1 as recited in line 4 is the same device and has the same structure as the “device” in Claim 1, line 1.
Regarding Claims 7, 9, and 10, it is unclear what is meant by the limitation “a front and back face.” It is unclear if the face is one element that serves as both a front and back face, or are there two faces – one that is a front face, and one that is a back face. If the intent is for two distinct faces, the word “a” should be inserted between the words “and” and “back” in line 3. Claims 9 and 10 are rejected based on their dependency on Claim 7
Claim 11 recites the limitation "one or more channels of the other device" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. Please note: there is not antecedence that the “one other device” of Claims 1 and 5 is the same device and has the same structure as the “device” in Claim 1, line 1.
Regarding Claim 15, it is unclear what is meant by an “elevated angle.” It is unclear if the entire angle is elevated relative to another structure, or if “elevated” refers to the construction of the angle itself referring to the angle of elevation. For the purpose of examination, this claimed element will be interpreted broadly.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-6, 11-13, 15, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (CN111513878A, hereinafter “Yang”).
Regarding Claim 1, Yang discloses a device for use in determining a position of at least one dental implant (abstract -see translation provided) the device comprising a central body (Figure 1, 1) with an attachment portion (11) adapted to attach to the dental implant, one or more arms (2) extending away from the central body (as seen in Figure 1), and where the one or more arms are adapted to bond to at least one other device (as seen in Figure 1, the arms bond to multiple devices).
Regarding Claim 2, Yang discloses the device of Claim 1 and further discloses that the central body removably receives the one or more arms (as seen in Figure 1).
Regarding Claim 3, Yang discloses the device of claim 2, and further discloses that the one or more arms are received by the central body by way of a collar from which the one or more arms extend (attachment portion 11 is a collar and when attached, the arms extend from the collar).
Regarding Claim 4, Yang discloses the device of Claim 1 and further discloses that at least one of the one or more arms of the device bond to the at least one other device central body or one or more arms (Yang describes that the connecting rod 21 and connecting tube 22 are bonded in the description of the invention).
Regarding Claim 5, Yang discloses the device of Claim 1 and further discloses that the arms comprise one or more channels located on the one or more arms (channels are formed by the tube portion of the arm that is hollow in the middle) and where a bonding material is adapted to be received in the one or more channels to bond at least one of the one or more arms of the device to the at least one other device (as described in the description, the rod and tube are bonded by fluid resin injected into the connecting tube).
Regarding Claim 6, Yang discloses the device of Claim 5 and further discloses one or more holes on at least one of the one or more arms (injection holes 24).
Regarding Claim 11, Yang discloses the device of Claim 5 and further discloses that the device and the at least one other device are arranged such that the one or more channels of the device and one or more channels of the other device are aligned (as seen in Figure 1, the devices are aligned and therefore the channels would be aligned – please note: as no parameters are claimed for how the channels are aligned relative to one another, this limitation is met by the prior art).
Regarding Claim 12, Yang discloses the device of Claim 5 and further discloses that that the bonding material is a molding resin (which would be a composite).
Regarding Claim 13, Yang discloses the device of claim 5 and further discloses that the device further comprises an extended portion (23) extending from the one or more arms towards the central body (as seen in Figure 1, the head ball joint 23 extends from the arms toward the central body).
Regarding Claim 15, Yang discloses the device of Claim 1 and further discloses that at least one of the one or more arms are at an elevated angle (as the angulation of the arms adjusted based on the needs of the patient as described in the description, the arms can be at an elevated angle).
Regarding Claim 19, Yang discloses a kit comprising a plurality of devices as in Claim 1 including devices with one arm and devices with two arms (as seen in Figure 1, some of the devices have one arm, as would be the case for central bodies on the end of the chain of connections, and some devices have two arms, as would be the case for central bodies in the middle of the chain of connections).
Claims 1, 14, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaup et al. (US 2018/0185123 A1, hereinafter “Kaup”).
Regarding Claim 1, Kaup discloses a device (Figure 7, 40) for use in determining a position of at least one dental implant (abstract) the device comprising a central body (43) with an attachment portion (41) adapted to attach to the dental implant (10), one or more arms (42) extending away from the central body, and where the one or more arms are adapted to bond to at least one other device (as described in [0147]).
Regarding Claim 14, Kaup discloses the device of claim 1 and further discloses that the device is scanned by an intraoral scanner ([0078] describes a method step of scanning).
Regarding 16, Kaup discloses the device of claim 1, and further discloses that the device is primarily formed of Poly (methyl methacrylate) ([0073] discloses the assembly made of an acrylic polymer).
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)(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 1, 5, 7, 9, and 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by PRICE et. al. (US 2023/0093315 A1, hereinafter “Price”).
Regarding Claim 1, Price discloses a device for use in determining a position of at least one dental implant (abstract), the device comprising a central body (Figure 1, 12) with an attachment portion (area of transition between 12 and 18 is the attachment portion) adapted to attach to the dental implant, one or more arms (16, and 18) extending away from the central body (as seen in Figures 1-5), and where the one or more arms are adapted to bond to at least one other device (as seen in Figure 1, the arm bonds to another arm 16).
Regarding Claim 5, Price discloses the device of Claim 1 and further discloses that the arms comprise one or more channels located on the one or more arms (channels are formed by the portion of the arm that is hollow in the middle and in the grooves 20) and where a bonding material is adapted to be received in the one or more channels to bond at least one of the one or more arms of the device to the at least one other device ([0009]).
Regarding Claim 7, Price discloses the device of Claim 5 and further discloses that the arms comprise a front and back face, a plurality of side faces, and wherein the one or more channels are located along the front and/or back face (as seen in Figures 1-5, the arms are square which provides a front, back, and side faces and channel 20 is located along the front face of arm 16).
Regarding Claim 9, Price discloses the device of claim 7 and further discloses that the one or more arms are orientated such that the front face is orientated along a vertical plane (as seen in Figures 1-5).
Regarding Claim 10, Price discloses the device of claim 9, and further discloses that the one or more arms are orientated such that the front face is perpendicular to the central body (as seen in Figures 1-5, the arms are oriented such that a central axis to the central body would be perpendicular to the front face of the arm).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE L NELSON whose telephone number is (571)270-5368. The examiner can normally be reached M - F 7:30-4:30 PT.
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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.
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/CHRISTINE L NELSON/Examiner, Art Unit 3772 /EDWARD MORAN/Primary Examiner, Art Unit 3772