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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “18” has been used to designate both abutments and guide abutments in par. 00063. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 2, 5-6, and 20 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 2 recites the limitation "drilled holes" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "bores" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "abutment guide dental prostheses positioning and attachment structures" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim Objections
Claims 6, 11, 12, 17 and 18 are objected to because of the following informalities: the claims use the term “indictors”. The Office understands that said term is a typographical error, in which the term is the same as the term “indicator” as it is used in claim 5. It is suggested to maintain the same nomenclature across the claims. Appropriate correction is required.
Claims 16-19 are objected to because of the following informalities: it is used the terms “abutment guide apparatus” and “abutment guide” across the claims. The Office understands that both terms refer to the same limitation. The Office suggest to maintain the same nomenclature across the claims. Appropriate correction is required.
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)(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 1-5, 10, 11, 16 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (WO 2015069015 A1).
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Regarding claim 1, Kim discloses a method of installing an abutment guide for guiding the installation of abutments (4) on implants (3) in a maxillary or mandibular position in a mouth of a patient, the method including:
utilizing a fixation base (10) to serve as a mounting jig for the abutment guide (20) wherein the fixation base (10) includes a generally arcuate shape with a front surface that has a plurality of openings (12) through which fasteners (pins not shown above) can be passed, a rear surface, and a horizontal surface (see annotated Fig. 1 above and page 3, lines 30-32 and 35-36 – “an anchor hole (12) may be provided on the side of the stand body (10)”, “an anchor pin is inserted into the anchor hole (12), and as the anchor pin is inserted into and fixed in the patient's gums and alveolar bone, the stent body (10) can be fixed in the oral cavity”);
installing the fixation base (10) to the maxillary or mandibular bone tissue of said patient (see annotated Fig. 1 and 5Aa above and page 4, lines 23-24); and
installing the abutment guide (20), wherein the abutment guide (20) attaches to the installed fixation base (10) to assure appropriate location for the subsequently installed abutments (4) (see annotated Fig. 5a-5c above and page 4, lines 17-28).
Regarding claim 2, Kim discloses that the installing the fixation base (10) to maxillary or mandibular bone tissue of the patient further includes:
driving fasteners (pins) through the fixation base (10) into the drilled holes, to secure the fixation base (10) to the maxillary or mandibular bone (see page 3, lines 35-36 – “an anchor hole (12) may be provided on the side of the stand body (10)”, “an anchor pin is inserted into the anchor hole (12), and as the anchor pin is inserted into and fixed in the patient's gums and alveolar bone, the stent body (10) can be fixed in the oral cavity”).
Regarding claim 3, Kim discloses that the abutment guide (20) is oriented to receive abutments (4) and guide the abutments (4) for placement on the implants (3) (see annotated Fig. 5a-5c above and page 4, lines 17-28).
Regarding claim 4, Kim discloses further including the step of installing abutments (4) on the implants (3) using the abutment guide (20) attached to the fixation base (10) (see annotated Fig. 5a above and page 4, lines 17-28).
Regarding claim 5, Kim discloses that the step of installing the abutments further includes the step of adjusting the abutments to the appropriate angular or rotational orientation relative to a central axis of associated implants using indicators (21a) on the abutment guide (see annotated Fig. 5b above and page 4, lines 17-52 – where abutment guide direct the placement of implant angle and orientation, that at the same time would direct the placement of the abutment; therefore, abutment guides provide the proper angular placement of the abutment with respect to the occlusal plane and where the indicators 21a on the abutment guide in 11 in the fixation base indicates for alignment of one of the radial protrusion 4a of the abutment).
Regarding claim 10, Kim discloses an apparatus for installing abutments on implants in the maxillary or mandibular jaw bone of a patient, the apparatus including:
a fixation base (10) for providing an attachment surface (see annotated Fig. 2 above); and
an abutment guide (20) attachable to the fixation base (10) in a position wherein the abutment guide (20) is oriented to receive abutments (4) and guide the abutments (4) for placement on the implants (3) (see annotated Fig. 5a-5c above and page 4, lines 17-28).
Regarding claim 11, Kim discloses that the abutment guide (20) further includes an indicator (21a) to assist in the installation of the abutments (4) on the implants (3) in the appropriate angular or rotational orientation (see annotated Fig. 5b above and page 4, lines 17-52 – where abutment guide direct the placement of implant angle and orientation, that at the same time would direct the placement of the abutment; therefore, abutment guides provide the proper angular placement of the abutment with respect to the occlusal plane and where the indicators 21a on the abutment guide in 11 in the fixation base indicates for alignment of one of the radial protrusion 4a of the abutment).
Regarding claim 16, Kim discloses an abutment guide apparatus for guiding attachment of abutments (4) on dental implants (3) in the maxillary or mandibular jaw bone of a patient, the apparatus including:
at least one support structure attachment element (23b) for attaching the abutment guide (20) to a support structure (10) (see annotated Fig. 2, 3 and 5a above and page 4, line 4-5 – where the external surface of the abutment guide is roughened along the circumferential direction in which it is understood it is the support structure attachment element); and
a plurality of openings (11) corresponding in location to and in axial registry with implants (3) in the maxillary or mandibular jaw bone of the patient (see annotated Fig. 2 and 5a above).
Regarding claim 17, Kim discloses further including an indicator (21a) to assist in the installation of the abutments (4) on the implants (3) in the appropriate angular or rotational orientation (see annotated Fig. 5b above and page 4, lines 17-52 – where abutment guide direct the placement of implant angle and orientation, that at the same time would direct the placement of the abutment; therefore, abutment guides provide the proper angular placement of the abutment with respect to the occlusal plane and where the indicators 21a on the abutment guide in 11 in the fixation base indicates for alignment of one of the radial protrusion 4a of the abutment).
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.
Claims 6, 12 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (WO 2015069012 A1) as applied to claim 5, 11 and 17 respectively above, and further in view of Bavar (US 20090011382 A1).
Regarding claim 6, Kim discloses the claimed invention substantially as claimed, as set forth above for claim 5.
However, Kim does not disclose that the indictors include a notch in the bores of the abutment guide.
Regarding claim 12, Kim discloses the claimed invention substantially as claimed, as set forth above for claim 11.
However, Kim does not disclose that the indictor is a notch in the bores of the abutment guide.
Regarding claim 18, Kim discloses the claimed invention substantially as claimed, as set forth above for claim 17.
However, Kim does not disclose that the indictor is a notch in the openings of the abutment guide.
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Bavar teaches a dental surgical guide including openings for placement of implants. Each opening includes an indicator in the form of the radial protrusion that at the same time includes a notch on the coronal surface indicating the rotational position of the implant, indicating the center of the radial protrusion in which it is visible to the user. Said notch indicates the rotational position of the indicia of the implant or of the implantation tool (see annotated Fig. 1q and 2A, and [0109]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the indicator in the form of the radial protrusion of Kim, with the radial protrusion with the notch of Bavar, in order to easily see the radial indicator, and by having the notch, it narrows down to the center of the protrusion where the radial position is located, so that the orientation is more precise.
Allowable Subject Matter
Claims 7-9, 13-15 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 7, the prior art of Kim and Bavar do not describe that the abutment guide further includes dental prostheses attachment and positioning structures that allow for a dental prosthesis to be releasablly attached to the abutment guide in a specific position.
Regarding claim 13, the prior art of Kim and Bavar do not describe that the abutment guide further comprises dental prostheses attachment and positioning structures that allow for a dental prosthesis to be releasablly attached to the abutment guide in a specific position.
Regarding claim 19, the prior art of Kim and Bavar do not describe that the abutment guide further comprises dental prostheses attachment and positioning structures that allow for a dental prosthesis to be releasablly attached to the abutment guide in a specific position.
Claim 20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 20, the prior art of Kim and Bavar do not describe that the abutment guide dental prostheses positioning and attachment structures include at least two pegs on the abutment guide.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRAYDA ARLENE APONTE whose telephone number is (571)270-1933. The examiner can normally be reached M-F 8-5.
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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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/MIRAYDA A APONTE/Examiner, Art Unit 3772 /ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772