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 without traverse of Group I, Species A (claims 1-10 and 14-18) in the reply filed on March 19, 2026 is acknowledged.
Claims 11-13 and 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on March 19, 2026.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-2, and 4-7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Choi et al. (2021/0045853).
With respect to claim 1, Choi discloses a dental arch positioning setup comprising a full dental arch 16 with a gingiva section 16a and a support base 70b, the support base being configured to support and position the full dental arch with the gingiva section on a patient's edentulous first jaw (par. 65, 75-76, 87),an occlusal surface of the support base comprising a cutout for the full dental arch with the gingiva section (see fig. 7, such that the cute out is the portion in which the full denture is retained before being removed), the cutout having a cross-section larger than a cross-section of the full dental arch with the gingiva section (see figs. 6c-7, such that it is larger and connectors 71 bridge the gap), a plurality of connecting elements 71 connecting the full dental arch and gingiva section with the support base (see fig. 6c), the plurality of connecting elements holding the full dental arch with the gingiva section in position over the cutout (see figs. 6a-6c), the full dental arch comprising a plurality of through-holes 19 extending through the full dental arch with the gingiva section (see figs. 6a-6c), the through-holes being configured to receive abutments for attaching the full dental arch with the gingiva section to implants (pars. 54, 59, such that the abutment is placed in the dental arch and connected to the fixture, i.e. implant).
With respect to claim 2, Choi further discloses the dental arch positioning setup further comprising the abutments (pars. 54, 59).
With respect to claim 4, Choi further discloses the cutout providing a clearance between the gingival section and the support base bridged by the connecting elements, (see figs. 6a-6c, such that the clearance is space 72), the clearance providing access to gingival ends of the through holes of the full dental arch (see figs. 6a-6c such that the clearance is located that the gingival ends, i.e. near the gingiva, of the through holes, such that it provides access as functionally claimed).
With respect to claim 5, Choi further discloses the clearance extending along one or more of the following sides of the dental arch positioning setup: along a vestibular side providing access to the gingival ends of the through-holes of the full dental arch from the vestibular side, along an oral side providing access to the gingival ends of the thoruhg-holes of the full dental arch from the oral side (see figs. 6a-6c, such the clearance is provided circumferentially around the full dental arch such that it is on both sides as claimed).
With respect to claim 6, Choi further discloses the clearance extending circumferentially around the full dental arch with the gingiva section (see figs. 6a-6c).
With respect to claim 7, Choi further discloses the connecting elements 71 being provided in the form of connecting pins (see figs. 6a-7).
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (2021/0045853) as applied to claim 2 above, and further in view of Harrison (2014/0099600).
Choi teaches the invention as substantially claimed and discussed above, including the abutment being secured to the full denture arch within the through holes of the full dental arch (see pars. 54, 59), however, does not specifically teach the abutments being bonded to the full dental arch with a first bonding agent arranged within the thoruhg holes of the full dental arch.
Harrison teaches a dental arch positioning setup comprising a full dental arch 10 with a gingiva section 27 (par. 52) and a support base 16, the support base being configured to support and position the full dental arch with the gingiva section on a patient's edentulous first jaw (see fig. 10, par. 56), an occlusal surface of the support base comprising a cutout 34 for the full dental arch with the gingiva section, the cutout having a cross-section to accept of the full dental arch with the gingiva section (par. 56, such that they are snap fit together), a connecting element connecting the full dental arch and gingiva section with the support base (par. 56, such that it has a snap fit connection), the connecting element holding the full dental arch with the gingiva section in position over the cutout (see fig. 11, such that the teeth and gum section are over the cutout), the full dental arch comprising a plurality of through-holes 36 extending through the full dental arch with the gingiva section, the through-holes being configured to receive abutments 40 for attaching the full dental arch with the gingiva section to implants and the dental arch positioning setup further comprising the abutments 40.
With respect to claim 3, Harrison further teaches the abutments 40 being bonded to the full dental arch with a first bonding agent 56 arranged within the through holes of the full dental arch (see figs. 10-11, par. 71). It would have been obvious to one having ordinary skill in the art to modify the abutments secured to the through holes of the full dentures to be bonded with a first bonding agent as taught by Harrison in order to easily fill any gaps between the two elements and further to take advantage of a well-known securement means. Such that it is noted that there are a variety of well-known means for securing elements together in the art including bonding agents, such as adhesives and cements.
Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (2021/0045853) as applied to claim 1 above, and further in view of Webber et al (2019/0298494).
Choi teaches the invention as substantially claimed and discussed above including the connecting elements comprising pre-determined sections configured to enable a detaching of the full dental arch with the gingiva section from the support base by separating the connecting elements at the pre-determined sections for detachments (pars. 67-68, specifically the connecters having a thickness smaller than the thickness of the support base 70b), however, does not specifically teach the pre-determined section to enable detachment are predetermined breaking points.
Webber further teaches a positioning set-up comprising a support base 101 configured to support an attachment 106, the support base comprising a cutout 110 for the attachment, the cutout having a cross section larger than a cross section of the attachment (see fig. 1a), a plurality of connecting element 108 connecting the attachment with the support base.
With respect to claim 8, Webber further teaches wherein the connecting element comprising pre-determined breaking sections configured to enable a detaching of the attachment form the support base by breaking of the connecting elements at the pre-determined breaking sections (pars. 82, 102-103, 180). It would have been obvious to one having ordinary skill in the art to modify the pre-determined detachments sections of Choi to be breaking points as taught by Webber in order to quickly and easily separate the two parts. Such that it is noted that by providing breaking points, the user will not need a tool in order to cut the pre-determined points. Further it is noted the Webber teaches the breaking or cutting (par. 180).
With respect to claim 9, Choi/Webber teaches the invention as substantially claimed and discussed above including Choi further teaching the pre-determined detachment sections being provided by the end sections of the connecting elements, the end sections being connected to the gingival section (see figs. 6a-6c). Webber further teaches the predetermined breaking sections provided by end sections of the connecting elements, the end section being connected to the attachment and tapering towards the attachment (pars. 189, 191-192).
With respect to claim 10, Choi/Webber teaches the invention as substantially claimed and discussed above including Webber further teaching the end sections having a tapered pointed section (see figs. 8a-9c), however does not specifically teach the shape being conical (i.e. rounded). However, it is noted that it would have been oblivious to one having ordinary skill in the art to modify the tapered rectangular shape of Choi/Webber to be rounded so that it has a conical shape as claimed as a matter of design choice since such a modification would have involved a mere change in the shape of the component. A change in shape is generally recognized as being within the level or ordinary skill in the art (see MPEP 2144.04, IV, B). It is noted that the tapered shape of the prior art with the flat sizes provides the same advantage as the conical shape of allowing the two parts to easily separate, therefore, the rounded shape does not appear to provide any advantage or unexpected result over the tapered flat shape.
Claim(s) 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (2021/0045853) as applied to claim 1 above, and further in view of Okay (2014/0272779).
Choi teaches the invention as substantially claimed and discussed above including an upper and lower denture (see figs. 4a-6c showing the upper and lower dentures) including the dental arch positioning setup of claim 1 (see detailed rejection above), however, does not specifically teach an assembly comprising the dental arch positioning setup of claim 1 and a bite index, the bite index comprising a reception section with a reception for receiving the full dental arch of the dental arch positioning setup and one or more spacing elements configured to establish a pre-defined spacing between the dental arch positioning setup and the patient's second jaw.
With respect to claim 14, Okay teaches an assembly comprising a full dental arch 16 and a bite index 32, the bite index comprising a reception section for receiving the full dental arch (see fig. 3, par. 19, such that the reception section is the impression) and one or more spacing elements configured to establish a pre-defined spacing between the dental arch and the patient’s second jaw (see fig. 5, annotated figure below, such that the height of the bite index is pre-defined as the time of manufacturing and therefore establishes a pre-defined spacing between the dental arch and the patient’s second jaw when in use in the mouth).
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With respect to claim 15, Choi/Okay teaches the invention as substantially claimed and discussed above including Okay further teaching the spacing elements being arranged on an occlusal surface of the bite index (see annaoted figure above).
With respect to claim 16, Choi/Okay teaches the invention as substantially claimed and discussed above including Okay further teaching the one or more spacing elements comprising one or more pillars (see annotated figure above).
With respect to claim 17, Choi/Okay teaches the invention as substantially claimed and discussed above including Okay further teaching the occlusal surface of the reception section of the bite index comprising one or more cutouts 32a configured for providing access to the plurality of through holes 26 comprised by the full dental arch, when the full dental arch is arranged within the reception of the reception section (see figs. 3, 5).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify Choi with the bite index of Okay in order to assist in accurate implant placement.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (2021/0045853) in view of Okay (2014/0272779) as applied to claim 14 above, and further in view of Prestipino (2014/0272797).
Choi/Okay teaches the invention as substantially claimed and discussed above, however, does not specifically teach the bite index further comprising a second reception section with a second reception for receiving a second full dental arch of the second dental arch positioning setup, the spacing elements of the bite index connecting the two reception sections of the bite index with each.
Prestipino teaches an assembly comprising a full dental arch 1 and a bite index comprising a reception section with a reception for receiving the full dental arch.
With respect to claim 18, Prestipino further teaches the bite index further comprising a second reception section with a second reception for receiving a second full dental arch of the second dental arch positioning setup (see pars. 24, 27, such that the opposite jaw is capable of having a second full dental arch, it is noted that the applicant does not claim the second full dental arch). It would have been obvious to one having ordinary skill in the art before the effective filling date of the invention to modify Choi/Okay to includes a second reception area as taught by Prestipino in order to assist in stabilizing the position of the jaws during instilling the prosthetic in the mouth. It is noted that the combination teaches the spacing elements of the bite index connect the two reception sections of the bite index, such that they are on opposite sides of the bite index with the spacing elements between then.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art of Grobbee teaching a dental arch with attached support connected together with connectors.
The prior art of Llop teaching a dental arch with attached support connected together with connectors (figs. 29-30).
The prior art of De Clerck teaching a dental arch with attached support connected together with connectors.
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/HEIDI M EIDE/Primary Examiner, Art Unit 3772 3/27/2026