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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Russian Federation on 06/07/2023. It is noted, however, that applicant has not filed a certified copy of the RU2023114979 application as required by 37 CFR 1.55.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
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(s) 1- 5 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.
Regarding claims 1-5, the claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors. Examples of indefinite limitations are set forth below.
Claim 1 recites the limitation(s) "such turns (8)", “the helical line”, “the length”, “the turn”, and “the thread” in line(s) 2, 3, and 4 of the claim, respectively. There are insufficient antecedent bases for these limitations in the claim. Appropriate corrections are required.
Claim 1 recites the limitation “the thread (2)” in line 4 of the claim, wherein element 2 has been previously defined as “a variable thread profile height (2)” in line 1 of the claim. It is unclear whether the limitation “the thread (2)” is referring to the “variable thread profile height (2)” or defining a new limitation. Appropriate corrections are required. For continued examination, the examiner interprets the limitation “the thread (2)” to refer to the thread along the helical line and distinct from the thread profile height.
Claim 1 recites the limitation: “a turn (8)” in line 5 of the claim. A limitation of the claim, in this case: “a turn (8)”, should be defined at the time of first use in the claim for proper antecedent and afterwards it no longer needs to be redefined within the claim and subsequent dependent claim. The limitation “a turn (8)” was improperly defined as it is unclear to the examiner whether “a turn (8)” refers to “such turns (8)” in line 2 or “the turn (8)” in line 4. Appropriate correction is required.
Claim 2 recites the limitation "the middle part" and “the implant body (1)” in lines 1 and 2 of the claim. There are insufficient antecedent bases for these limitations in the claim.
The term “checkerboard pattern” in claim 2 is a relative term which renders the claim indefinite. The term “checkerboard pattern” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear how specifically the projections (7) would be arranged in a checkerboard pattern; the limitation does not describe whether the projections (7) alternates in singles or doubles to form the checkerboard pattern nor whether the checkerboard pattern follows horizontal and vertical line patterns or slanted or angled line patterns. For continued examination, the examiner interprets the limitation “checkerboard pattern” as the projections alternating in singles in each turn.
Claim 3 recites the limitation "the middle part", “the implant body (1)” in lines 2 and 3 of the claim. There are insufficient antecedent bases for these limitations in the claim.
Claim 5 recites the limitation “the body (1)”, "the middle and neck parts", “such turns (8)”, “the helical line”, “the thread profile (2)”, “the predominant part”, and “the protrusions” in lines 1-4 and 6-7 of the claim. There are insufficient antecedent bases for these limitations in the claim.
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.
(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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huwais (US 20220047359 A1).
Regarding claim 1, Huwais discloses an intraosseous screw implant (20 Figs. 2-9) made with a variable thread profile height (see Fig. 4; see that the single thread form [0034] of the device have varying thread profile height, wherein the height of element 60 denote the lower thread profile height and the height of element 64 denote the higher thread profile height; [0034]: note that the thread of Huwais can be a double-lead or even triple-lead thread forms), characterized in that it contains such turns (see Figs. 2-9) of the helical line that within each of them at least one projection (64 Figs. 2-3 and 8-9) with an increased thread profile height (see Fig. 8; see that element 64 have an increased thread profile height relative to element 60) is localized, having a shorter length compared to the length of the turn of the thread (see annotated Fig. 8; the length of the turn is interpreted by the examiner as the circumference of each turn), wherein said projections (64 Fig. 9) are located on adjacent turns (see Fig. 9; each element 64 in the longitudinal direction of element 20 indicates a turn) and are mutually offset by an angle or are located from each other through a turn (see Fig. 9; see that each element 64 is disposed at an angle relative to adjacent element 64 in a turn above or
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below thus, give the a spiral arrangement of element 64 in the longitudinal direction).
Regarding claim 2, Huwais discloses the claimed invention substantially as set forth in claim 1. Huwais further discloses the intraosseous screw implant (20 Figs. 2-9), characterized in that the projections (64; annotated Fig. 4) are formed in the middle part of the implant body and are placed on its surface in a checkerboard pattern (see annotated Fig. 4).
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Claim(s) 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dukhan (US 20140141388 A1).
Regarding claim 5, Huwais discloses method for installing an intraosseous screw implant, the overall shape of the body (overall shape of element 1; Figs. 2-5) of which in the middle and neck parts (see annotated Fig. 4) is characterized by a narrowing towards the top (4 Figs. 2-5; see that the element 1 is narrowing towards element 4), containing such turns of the helical line ([0040] and see Figs. 2-5) that within each of them at least one protrusion (12 Fig. 4) with an increased height of the thread profile (see Fig. 4; see that the height of the thread profile of element 12 is increased relative to the height of the thread profile of element 14) is localized, including the formation of a bone bed in the form of a tapering opening ([0057] and see Fig. 9), the dimensions of which are selected from the condition of free accommodation of the predominant part of the implant with an emphasis on the spongy layer of the bone of the protrusions with an increased height of the thread profile, after which the implant is inserted into the cavity of the bed until it stops (see Fig. 10; [0041]: element 1 is inserted into the hole as shown in Fig. 10 and note that the hole accommodates the predominant part of the implant (the part of the implant 1 disposed into the hole)), and then screwed into the bone for fixation ([0041]: element 1 is screwed into hole 20 in bone 18 of patient by means of screwing a
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standard dental tool (see Figs. 10 and 11)).
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 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huwais (US 20220047359 A1) in view of Dukhan (US 20140141388 A1).
Regarding claim(s) 3 and 4, Huwais discloses the claimed invention substantially as set forth in claim 1. Huwais further discloses the intraosseous screw implant (20 Figs. 2-9), characterized in that its apex (see annotated Fig. 4; the portion proximate to element 22) has straight chip grooves (58 Fig. 4 and annotated Fig. 4; [0041]: a plurality of equally spaced element 58), wherein said grooves divide the thread ([0034] and annotated Fig. 4) to form rows of blades (see annotated Fig. 4), wherein along the thread ([0034] and annotated Fig. 4) the blades with different profile heights alternate (see annotated Fig. 4). Huwais does not disclose that the straight chip grooves at the apex of the intraosseous screw transitions into helical chip grooves in the middle part of the implant body and that the blades with different profile heights
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alternate in each row.
Dukhan teaches an analogous device (Figs. 2-5) made with variable thread profile height (see that elements 12 and 14 have variable thread profile heights; Figs. 2-5). Dukhan further teaches the analogous device, characterized in that its apex (the portion proximate to element 4; see annotated Fig. 4) has straight chip grooves (see annotated Fig. 4 and note that there are two chip grooves as best illustrated in Fig. 7) that transitions into helical chip grooves in the middle part of the implant body (see annotated Fig. 4), wherein said grooves divide the thread to form rows of blades (see annotated Fig. 4) and the blades with different profile heights
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alternate in each row (see annotated Fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Huwais to be configured such that the straight chip grooves at its apex transitions into helical chip grooves in the middle part of the implant body and the blades with different profile heights alternate in each row, as taught by Dukhan, in order to make a device that provides a channel to expel loose cut bone material during use, and alternating blades profile heights that provides high degree of stability and less trauma during the tapping process.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHIEMERIE C AZUBUOGU whose telephone number is (571)272-0664. The examiner can normally be reached Monday - Thursday 8:00 AM - 6:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/C.A./Patent Examiner, Art Unit 3772 /ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
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