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 06/19/2023. It is noted, however, that applicant has not filed a certified copy of the RU2023116047 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) 2, 3, and 5-8 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 limitations "the axes of rotation" lines 1 of the claim, respectively. There is insufficient antecedent basis for this limitation in the claim.
Claim(s) 3 and 7 recites the limitation: “the same taper value”, it is unclear what is being defined as “taper value” nor the exact numeral figure or range is being defined as “taper value”. For continued examination, the examiner interprets the claim limitation “the same taper value” to mean: regarding claim 3 - that the smaller height of the supporting lateral surface of the small diameter wall are tapered; and regarding claim 7 – that the surfaces of a smaller height of its internal supporting lateral surface of the annular projection are tapered.
Claim 3 recites the limitation "the supporting lateral surface" in lines 2 and 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation: “these surfaces” in line 4 of the claim. It is unclear whether the limitation “these surfaces” refers to the “supporting side surfaces” defined in claim 1 or the “supporting lateral surface” defined in lines 2 and 3 of claim 3. Appropriate corrections are required. For continued examination, the examiner interprets the claim limitation to be referring to the “supporting lateral surface” of the small diameter wall.
Claim 5 recites the limitation "the abutment", “the prosthetic component”, “the dental implant”, “the fastening base”, “the said component”, and “the prosthetic screw” in lines 1-4 of the claim. There are insufficient antecedent bases for these limitations in the claim.
Claim(s) 6-8 are dependent on claim 5 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ) therefore, claim(s) 6-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ).
Claim 6 recites the limitation "the supporting lateral surfaces" in lines 1 and 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitations "the axes of rotation" in line 1 of the claim, respectively. There is insufficient antecedent basis for this limitation 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) 1-3 and 5-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scherer (US 20200121425 A1).
Regarding claim 1, Scherer discloses prosthetic component (2 Figs. 1-3) with a screw retention for a dental implant, comprising a fastening base (see annotated Fig. 3) with a through hole (8 Fig. 2/see annotated Fig. 3) for a prosthetic screw (3 Fig. 2), characterized in that the fastening base (see annotated Fig. 3) is made with a connecting socket in the form of an annular recess (see annotated Fig. 3) around the hole (see annotated Fig. 3) for the prosthetic screw (3 Fig. 2), limited by a wall of small diameter (10 Figs. 3 and annotated Fig. 3) and a wall of large diameter (9 Figs. 3 and annotated Fig. 3) with supporting side surfaces of a conical shape ([0049]: the abutment 2 includes an inner cone 9), which are mutually coaxial and diverge outward (see Fig. 3).
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Regarding claim 2, Scherer discloses the claimed invention substantially as set forth in claim 1. Scherer further discloses the prosthetic component (2 Figs. 1-3), characterized in that the axes of rotation of the supporting side surfaces of the walls (9, 10 Fig. 3) are coaxial with the longitudinal axis (15 Fig. 3) of the through hole (8 Fig. 2/see annotated Fig. 3) for the prosthetic screw (3 Fig. 2) (it is intrinsic that the conical or cylindrical configuration of the component would rotate about the longitudinal axis thus resulting in the supporting side surfaces of the walls to have an imaginary axes of rotation that would be coaxial to the longitudinal axis).
Regarding claim 3, Scherer discloses the claimed invention substantially as set forth in claim 1. Scherer further discloses the prosthetic component (2 Figs. 1-3), characterized in that the annular recess (see annotated Fig. 3) is made from the condition of a smaller height of the supporting lateral surface of the small diameter wall relative to the supporting lateral surface of the large diameter wall with the same taper value of these surfaces (see annotated Fig. 3).
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Regarding claim 5, Scherer further discloses an abutment (1 Fig. 2) for screw retention of the prosthetic component (2 Fig. 2) of the dental implant, comprising a seat (1c Fig. 2 and 4) for the fastening base (see annotated Fig. 3 above) of the said component (2 Fig. 2) with a threaded hole (13 Figs. 2 and 4) for the prosthetic screw (3 Fig. 2), characterized in that the seat is made in the form of an annular protrusion (6 Fig. 2 and 4) around the hole (13 Figs. 2 and 4) for the prosthetic screw (3 Fig. 2), wherein this protrusion (6 Fig. 2 and 4) has external (see annotated Fig. 4) and internal (14 Fig. 4) supporting lateral surfaces of a conical shape (see Figs. 2 and 4), which are mutually coaxial and converge outward (see annotated Fig. 4).
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Regarding claim 6, Scherer discloses the claimed invention substantially as set forth in claim 5. Scherer further discloses an abutment (1 Fig. 2), characterized in that the axes of rotation of the supporting lateral surfaces are coaxial with the longitudinal axis (15 Fig. 4) of the threaded hole (13 Figs. 2 and 4) for the prosthetic screw (3 Fig. 2) (it is intrinsic that the conical or cylindrical configuration of the component would rotate about the longitudinal axis thus resulting in the supporting lateral surfaces to have an imaginary axes of rotation that would be coaxial to the longitudinal axis).
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Regarding claim 7, Scherer discloses the claimed invention substantially as set forth in claim 5. characterized in that the annular projection (6 Figs. 2 and 4) is made from the condition of a smaller height of its internal supporting lateral surface relative to the height of the external supporting lateral surface with the same taper value of the said surfaces (see annotated Fig. 4).
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) 4 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scherer (US 20200121425 A1) in view of Sutter (US 6461160 B1).
Regarding claim(s) 4 and 8, Scherer discloses the claimed invention substantially as set forth in claim(s) 1 and 5, respectively. Scherer is silent, wherein the annular recess of the prosthetic component and the annular projection of the abutment are made with anti-rotation elements.
Sutter teaches an analogous device (Figs. 5 and 7) comprising: a prosthetic component (190 Fig. 7) and an abutment (1 Fig. 7); said prosthetic component comprising a fastening base (see annotated Fig. 7) with a through hole (191 Fig. 5) for a prosthetic screw (180 Figs. 5 and 7), and characterized in that the fastening base (see annotated Fig. 7) is made with a connecting socket in the form of an annular recess (see annotated Fig. 7); and said abutment (1 Fig. 7) comprising a seat (see annotated Fig. 7) for the fastening base with a threaded hole (see annotated Fig. 7) for the prosthetic screw (180 Fig. 7), and characterized in that the seat is made in the form of an annular protrusion (7 Fig. 7) around the hole (see annotated Fig. 7). Sutter further teaches that the annular recess (see annotated Fig. 7) of the prosthetic component (190 Fig. 7) is made with an anti-rotation element (247 Fig. 7) and the annular projection (7 Fig. 7) of the abutment (1 Fig. 7) is made with an anti-rotation element (31/233 Fig. 7) (Col. 10 lines 28-33: elements 247 of element 190 engages element 233 of the abutment (1) thus positioning element 190 in a rotationally fixed manner relative to the abutment (1). Furthermore, the limitation as stated is functional thus, while Sutter does not have to teach the device functioning as claimed, it clearly demonstrates that the device of Sutter is capable of functioning as claimed, therefore satisfies the claimed limitation).
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 Scherer to be configured such that the annular recess of the prosthetic component and the annular projection of the abutment are configured with anti-rotation elements, as taught by Sutter, in order to rotationally fix the dental components together and prevent unwanted movements that could increase wear-and-tear of the device during use.
Conclusion
The following are relevant prior arts that were not relied upon for this Office Action: WO 2023016787 A1, US 20230200950 A1, EP 1459700 A1, WO 2019078818 A1, KR 20230002849 A, WO 0200133 A1, WO 2021260025 A1, and KR 100597392 B1.
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.
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/C.A./Patent Examiner, Art Unit 3772
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
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