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.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Aydinoglu et al. (EP-3731797-A2), in view of CN0102556993A, in view of Craig et al. (US 2005/0252414).
Regarding claim 1
Aydinoglu discloses an acrylic dental composite filling material comprising alight cured and polymerizable compound, photoinitiator, and supportive phase system characterized in that it comprises; a hydroxyapatite component to provide regenerative properties to composite filling materials within the supportive phase system (claim 1), compounds comprising Al-Si-Sr-OF and Al-Sr-OF as a supportive phase system to give antibacterial properties to the composite filling materials within the supportive phase system (claim 1), silica component within the supportive phase system (claim 1), mixtures of BisGMA and TEGDMA compounds as organic compounds (claim 2), at least one of a group consisting of CQ, diphenylphosphine oxide, 1-phenyl-1,2-propanedione, 4-EDMAB asa photoinitiator (claims 1 and 7).
Although Aydinoglu does not discloses that the hydroxyapatite is in the form of nanoflowers, Aydinoglu does disclose the use of hydroxyapatite. However, the ‘993 patent discloses hydroxyapatite having a nanoflower morphology and teaches that such may be used in dentistry (abstract and Background technique). Therefore it would have been prima facie obvious to add to the teachings of Aydinoglu by using hydroxyapatite having a nanoflower structure, with a reasonable expectation of success in making a useful dental composition as suggested by the ‘993 patent.
Although Aydinoglu does not disclose the use of the claimed metaloxyfluorides, Aydinoglu does disclose the use of these metaloxyfluorides. However, Craig discloses that in dental compositions that these metaloxyfluorides can be nanostructured (abstract, paras 0014, 0078-0079). Therefore as Craig discloses that the metaloxyfluoride compound can be nanostructured and the ‘993 patent discloses that the nanostructure can be nanoflowers, it would have been prima facie obvious to one of ordinary skill in the art at the time of the invention to add to the teachings of Aydinoglu by using a nanoflower metaloxyfluoride with a reasonable expectation of success in forming a useful dental composition as suggested by Craig and the ‘993 patent.
Regarding claim 2
Aydinoglu discloses the use of 1-5 wt % BisGMA (claim 3).
Regarding claim 3
Aydinoglu discloses the use of 1-5 wt % TEGDMA (claim 6).
Regarding claim 4
Aydinoglu discloses the use of 0.1-0.5 wt % CQ (claim 3).
Regarding claim 5
Aydinoglu discloses the use of 0.1-0.5 wt % diphenyl(2,4,6-trimethylbenzoyl)phosphine oxide (claim 9).
Regarding claim 6
Aydinoglu discloses the use of 0.1-0.5 wt % 1-phenyl-1,2-propanedione (claim 10).
Regarding claim 7
Aydinoglu discloses the use of 0.1-0.5 wt % 4-EDMAB (claim 9).
Regarding claim 8
Aydinoglu discloses loadings of the supportive phase system at up to 87 wt % (4pprox... para 0020).
Regarding claims 9-11 and 18-20
Aydinoglu discloses the addition of pigment to the composition in a range of 0.01 to 1 wt %, such as Durant yellow iron oxide (claims 15-17).
Regarding claims 12
Aydinoglu discloses a similar method of making and mixing (claims 21-28). Aydinoglu does not disclose the claimed order. However, it has been held that selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results, see MPEP 2144.04, section C, and also In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946), and In re Gibson, 39 F.2d 975, 5USPQ 230 (CCPA 1930).
Regarding claim 13
Aydinoglu discloses heating 40 C for 10 minutes.
Regarding claim 14
Aydinoglu discloses the use of 70 % of the supportive phase system (para 0024).
Regarding claim 15
Aydinoglu discloses stirring for 3 hours (claim 26).
Regarding claim 16
Aydinoglu discloses stirring for one day (claim 25).
Regarding claim 17
Aydinoglu discloses treating with blue-led light for 20 seconds (claim 28).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES E MCDONOUGH whose telephone number is (571)272-6398. The examiner can normally be reached Mon-Fri 10-10.
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JAMES E. MCDONOUGH
Examiner
Art Unit 1734
/JAMES E MCDONOUGH/Primary Examiner, Art Unit 1734
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