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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1 and 6 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). Claims 1 and 6 contain the limitation “the alveolar bone.” The examiner suggests the wording “a fixture part configured to be implanted in the alveolar bone” in order to overcome this rejection.
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, and 3-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Willoughby (US 5,873,721).
Regarding Claim 1, Willoughby discloses a dental implant (abstract) comprising a fixture part (Figure 2, 16) implanted in the alveolar bone, an abutment part (10) coupled to an upper portion of the fixture part, a crown part (22 and 26 taken together) coupled to the abutment part to cover the abutment part in a direction downward from an upper portion thereof (as seen in Figures 2 and 3), and a fixing part (34) fastened to the crown part and the abutment part (as seen in Figure 3) by passing therethrough and provided such that a longitudinal axis of the fixing part intersects a longitudinal axis of the abutment part.
Regarding Claim 3, Willoughby discloses the dental implant of claim 1, and further discloses a reinforcing part (18) inserted into the abutment part and penetrated by the fixing part.
Regarding Claim 4, Willoughby discloses the dental implant of claim 3, and further discloses that the abutment part comprises an abutment fastening hole formed through the abutment part along a longitudinal direction thereof from an upper outer surface (as seen in Figures 2 and 3), an abutment middle hole formed in a direction intersecting with a longitudinal axis of the abutment part (Figure 2 and 3, middle hole is where 24 is received in the abutment), and at least one key groove (Figures 2 and 3 where key groove is uppermost ring/groove of 12 extending from upper open surface edge at 40) extending downward (as the groove has a height it would extend downward) while the key groove has a structure extending from an upper open surface edge of the abutment fastening hole in a radially outward direction of the abutment fastening hole (as seen in Figure 2 the upper ring/groove of 12 extends radially outward beyond the abutment fastening hole).
The crown part comprises a crown middle groove (opening for screw 34 as seen in Figure 2).
The reinforcing part (18) comprises a middle through hole (Figure 3, hole in 18 where screw 34 is received) formed in a direction intersecting with a longitudinal axis thereof, and a key protrusion part (uppermost thread/protrusion/ring of 18) at an outer circumferential surface (protrusion of 18 is outer relative to the key groove of the abutment) thereof to guide mutual communication of the abutment middle hole and the middle through hole, with the key protrusion part being coupled to the key groove (as seen in Figures 2 and 3, as the key protrusion and the key groove are coupled to hold the abutment in place they would guide mutual communication of the abutment middle hole and the middle through hole).
The fixing part is fastened through the crown middle groove, the abutment middle hole, and the middle through hole (as seen in Figures 2-3).
Regarding Claim 5, Willoughby discloses the dental implant of claim 4, and further discloses that the fixture part comprises a fixture screw groove formed along a longitudinal direction thereof from an upper outer surface thereof (as seen in Figure 2, the fixture screw groove is formed in a longitudinal direction), the abutment part comprises a coupling screw (20) configured to fix the abutment part to the fixture part by engaging with the abutment fastening hole and the fixture screw groove, and the reinforcing part is provided between an upper outer surface of the coupling screw and an upper inner surface of the crown part (as seen in Figure 3).
Claims 1, 2, and 6-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Willoughby (US 5,873,721).
Regarding Claim 1, in an alternative interpretation of Willoughby relying on the embodiment of Figure 6, Willoughby discloses a dental implant (abstract) comprising a fixture part (Figure 6, 16) implanted in the alveolar bone, an abutment part (10) coupled to an upper portion of the fixture part, a crown part (18, 22, and 26 taken together) coupled to the abutment part to cover the abutment part in a direction downward from an upper portion thereof (as seen in Figure 6), and a fixing part (24, as described in Column 30, lines 14-20) fastened to the crown part and the abutment part (as seen in Figure 6) by passing therethrough and provided such that a longitudinal axis of the fixing part intersects a longitudinal axis of the abutment part.
Regarding Claim 2, Willoughby discloses the dental implant of claim 1, and further discloses that the abutment part comprises an abutment sealing groove (Figure 6, grooves of threads of abutment sealing groove, labeled 12 in the embodiment of Figure 2 and 3) formed as a recessed structure along a circumferential direction of an outer circumferential surface, and an abutment sealing part (30) fastened to the abutment sealing groove. Willoughby further discloses that the crown part comprises a crown sealing groove (thread grooves of 18) formed as a recessed structure on an inner circumferential surface thereof such that the crown sealing groove is in surface contact with an outer surface of the abutment sealing part protruding to the outside of the abutment sealing groove (as seen in Figure 6), and the abutment sealing part is in close contact with the abutment sealing groove and the crown sealing groove through an elastic restoration action (abutment sealing part 30 is resilient as described in Column 33, lines 19-28, and therefore would provide elastic restoration action).
Regarding Claim 6, Willoughby discloses a dental implant (abstract) comprising a fixture part (Figure 6, 16) implanted in the alveolar bone, an abutment part (10) coupled to an upper portion of the fixture part, a healing sleeve part (18 and 30 taken together) provided to cover the abutment part downward from an upper portion thereof, a crown part (22 and 26 taken together) coupled to the abutment part to cover the abutment part in a direction downward from an upper portion thereof (as seen in Figure 6), and a fixing part (24) fastened to the crown part, the heeling sleeve part, and the abutment part (as seen in Figure 6) by passing therethrough and provided such that a longitudinal axis of the fixing part intersects a longitudinal axis of the abutment part.
Regarding Claim 7, Willoughby discloses the dental implant of claim 6, and further discloses that the healing sleeve part comprises an internal insertion part extending from an inner ceiling surface thereof facing an upper opening of the abutment part and protruding downward to be inserted into the abutment part (as seen in Figure 6, healing sleeve part 30 has an internal insertion part as described), and the fixing part penetrates the internal insertion part (as seen in Figure 6, innermost edge of 24 penetrates the insertion part of 30).
Regarding Claim 8, Willoughby discloses the dental implant of claim 6, and further discloses that the abutment part extends upward from an upper end of the fixture part (as seen in Figure 6).
Regarding Claim 9, Willoughby discloses the dental implant of claim 8, and further discloses that the abutment part extends to correspond to a height position of a highest end of the gingiva (as seen in Figure 6).
Regarding Claim 10, Willoughby discloses the dental implant of claim 9, and further discloses that the fixture part comprises a fixture screw groove formed along a longitudinal direction thereof from an upper outer surface thereof (as seen in Figure 6). Willoughby further discloses that the abutment part comprises an abutment body (10) on the upper portion of the fixture part, an abutment fastening hole formed up and down along a longitudinal direction thereof and having opposite open ends (as seen in Figure 6), and a coupling screw (20) inserted into the abutment fastening hole and the fixture screw groove to be screwed to the fixture screw groove so that the abutment body is fixed to the fixture part (see Figure 6), and an internal insertion part (healing sleeve part 30 has an internal insertion part) of the healing sleeve part is inserted into the abutment fastening hole and elastically presses an upper surface of the coupling screw downward (abutment sealing part 30 is resilient as described in Column 33, lines 19-28, and therefore would provide elastic restoration action).
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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/CHRISTINE L NELSON/Examiner, Art Unit 3772 /EDWARD MORAN/Primary Examiner, Art Unit 3772