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)(5) because they include the following reference character(s) not mentioned in the description: reference number 24 of Fig. 1a.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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.
Specification
The abstract of the disclosure is objected to because of its undue length of over 150 words, where it is preferably between 50 to 150 words. Correction is required. See MPEP § 608.01(b).
Abstract of the Disclosure: See MPEP § 608.01(f). A brief narrative of the disclosure as a whole in a single paragraph of 150 words or less commencing on a separate sheet following the claims. In an international application which has entered the national stage (37 CFR 1.491(b)), the applicant need not submit an abstract commencing on a separate sheet if an abstract was published with the international application under PCT Article 21. The abstract that appears on the cover page of the pamphlet published by the International Bureau (IB) of the World Intellectual Property Organization (WIPO) is the abstract that will be used by the USPTO. See MPEP § 1893.03(e).
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.
Claims 2, 5 and 8-9 and 17 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.
Regarding claim 2, the use of the term “predetermined section” in line 3 is indefinite. It is not understood if said predetermined section refers to the “predetermined section of line 2 of the claim, or if it refers to another predetermined section. For examination purposes, the term will be interpreted as to another predetermined section of the abutment.
Regarding claim 5, the use of the term “a fixing screw” in line 2 is indefinite. It is not understood if said fixing screw refers to the “fixing screw” of line 1, or if it is another fixing screw. For examination purposes, the term will be interpreted as it refers to the fixing screw of line 1.
Regarding claim 5, the recitation of “a body connecting the threaded portion and the head and having a helix- shaped spiral cut portion formed with a predetermined length in a longitudinal direction” in lines 5-6 is indefinite. The recitation is considered a grammatically faulty sentence in which two or more main or independent clauses are joined without a word to connect them or a punctuation mark to separate them. For that reason, it is not understood which of the body or the head structures has the helix-shaped spiral cut portion. For examination purposes, the term will be interpreted as shown in the Fig. 1a, where the helix-shaped spiral cut portion is located in the body.
Regarding claim 17, the recitation of “prosthesis fastening protrusions configured to protrude outward with different levels, depending on positions” in lines 1-2 is indefinite. It is not understood if the different levels refers that each prosthesis fastening protrusions is at different levels, or that all of the prosthesis fastening protrusions includes portions at different levels. Furthermore, the recitation of “depending on positions” is not understood if it refers to the vertical positions or to the rotational positions. For examination purposes, the recitation of “different levels” will be interpreted as all of the prosthesis fastening protrusions includes portions at different levels. Furthermore, the recitation of “depending on positions” refers to rotational positions.
Claim Objections
Claim 10 is objected to because of the following informalities: In line 1 of the claim recites in part “wherein a the slope of an outer surface”. Even when the Office understands that the intension is to claim “wherein a . Appropriate correction is required.
Claim Interpretation
Regarding claims 14, 15, the reference characters corresponding to elements recited in the detailed description and the drawings may be used in conjunction with the recitation of the same element or group of elements in the claims. However, the use of reference characters is to be considered as having no effect on the scope of the claims. (See MPEP 608.01(m) - Form of Claims [R-07.2015])
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 1-2, 4, 9-11 and 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Herve (FR 3047407 B1).
[AltContent: rect][AltContent: arrow][AltContent: textbox (Fixing screw)][AltContent: arrow][AltContent: textbox (Plane portion formed as an inclined surface)][AltContent: textbox (Fig. 2 zoomed portion)][AltContent: arrow][AltContent: textbox (Abutment)][AltContent: arrow]
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[AltContent: arrow][AltContent: ][AltContent: textbox (Margin with prosthesis/ prosthesis seat recession)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Vertical center axis)][AltContent: arrow][AltContent: textbox (Vertical center axis)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Plurality of segments)][AltContent: arrow][AltContent: textbox (Cut portions)][AltContent: textbox (Portion right under the upper end)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Outer diameter of the upper end)][AltContent: ][AltContent: textbox (Outer diameter of portion right under the upper end)][AltContent: arrow][AltContent: connector][AltContent: connector][AltContent: textbox (Upper end of an upper portion)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Fig. 5 zoomed portion)][AltContent: connector][AltContent: connector][AltContent: arrow][AltContent: arrow][AltContent: textbox (Prosthesis fastening protrusions)][AltContent: arrow][AltContent: rect][AltContent: textbox (Abutment)]
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Regarding claim 1, Herve discloses an abutment for dental implants, the abutment including:
prosthesis fastening protrusions (see annotated Fig. 5 zoomed portion above) formed such that an outer diameter of an upper end of an upper portion of the abutment on which a prosthesis is mounted is larger than an outer diameter of a portion right under the upper end, and protruding outward (see annotated Fig. 5 zoomed portion above); and
cut portions dividing the upper portion of the abutment into a plurality of segments (see annotated Fig. 5 zoomed portion above),
wherein prosthesis fastening protrusions have shapes in which distance values from a vertical center axis (C) of the abutment to outer surfaces of the fastening protrusions are different, depending on positions, when seen in a horizontal cross-sectional view (see Fig. 5 zoomed portion above – where the prosthesis fastening protrusions includes different surfaces, each one having a different inclination with respect to the vertical axis; for that reason, the surfaces have different distance values from the vertical center axis (C) of the abutment).
Regarding claim 2, Herve discloses that the cut portions start from a top of the abutment and continuously extend downward in a predetermined section and are diagonally formed in a predetermined section (see Fig. 5 zoomed portion above – where the cuts start from the top through a predetermined section of the abutment, and in another predetermined section the cut portions include surfaces cut in an angle with respect to the vertical central axis of the abutment.
Regarding claim 4, Herve discloses that a downward cutting direction of a cutting section of the diagonal cut portions is the same as a rotation direction for fastening a fixing screw responsible for fastening the abutment and a fixture (see annotated Fig. 5 zoomed portion – due to each cut includes two surfaces inclined in opposing direction, it is understood that at least one of said surfaces has the same rotation direction as the fixing screw).
Regarding claim 9, Herve discloses a plane portion is formed as an inclined surface (see annotated Fig. 2 zoomed portion above).
Regarding claim 10, Herve discloses a slope of an outer surface of the abutment is changed at least twice between an upper point (A) of a maximum diameter portion of the abutment at which a margin of a prosthesis is positioned and a portion right under the prosthesis fastening protrusions (see annotated Fig. 5 zoomed portion above – where the outer surface of the abutment changes more than twice from the upper end towards the margin with the prosthesis).
[AltContent: arrow][AltContent: textbox (Coupling hole)]
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[AltContent: textbox (Center portion of the protrusion)][AltContent: arrow][AltContent: ][AltContent: arrow][AltContent: textbox (Flat surfaces on the protrusion ends)]
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Regarding claim 11, Herve discloses a prosthesis seat recession recessed inward is additionally formed on the prosthesis fastening protrusions, and specifies a fastening position of a prosthesis and prevents rotation of the prosthesis when the prosthesis is mounted (see Fig. 3-4 and 5 zoomed portion above, and page 6, lines 26-32).
[AltContent: arrow][AltContent: textbox (Inner diameter increased under the predetermined section)][AltContent: arrow][AltContent: textbox (Inner diameter maintained in a predetermined section)][AltContent: ][AltContent: textbox (Through-hole)]
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Regarding claim 13, Herve discloses a through-hole formed from a top to a bottom of the abutment is configured such that an inner diameter of an upper portion of the through-hole is maintained in a predetermined section and increases into a larger inner diameter under the predetermined section (see annotated Fig. 7 above).
[AltContent: ][AltContent: textbox (Maximum contour point)][AltContent: connector][AltContent: connector][AltContent: arrow][AltContent: textbox (Prosthesis fastening protrusion)][AltContent: textbox (Fig. 7 zoomed portion)]
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Regarding claim 14, Herve discloses that the prosthesis fastening protrusion is formed asymmetrically up and down with respect to a maximum contour point of the prosthesis fastening protrusion in a vertical cross-section of the prosthesis fastening protrusion (see annotated Fig. 7 zoomed portion above – it is understood that the maximum contour point is the farthest point/portion in the radial direction of the prothesis fastening protrusion; where the prosthesis fastening protrusion has a shape that is not symmetrical in the vertical direction with respect to the maximum contour point; the external upper surface of the prosthesis fastening protrusion is shorter than the lower surface by an internal tapered surface located opposed to the external upper surface; for that reason the prosthesis fastening protrusion is asymmetrical in the vertical direction).
Regarding claim 15, Herve discloses the prosthesis fastening protrusion has a shape in which, when seen in a horizontal cross-sectional view, a distance value from the vertical center axis (C) of the abutment to an outer surface of the fastening protrusion continuously decreases as going to the cut portions, and the distance value is the largest at centers (F) of outer surfaces of segments separated by the cut portions (see Fig. 4 above – where a portion of the surface of the prosthesis fastening protrusion is closer to the vertical center axis at both horizontal ends of the protrusion by having a flat surface towards the ends, and the center protrusion has the largest distance value to the vertical center axis).
[AltContent: textbox (Prosthesis fastening protrusions)][AltContent: arrow][AltContent: textbox (Coupling hole)][AltContent: textbox (Predetermined length of the coupling hole)][AltContent: ][AltContent: arrow][AltContent: textbox (Prosthesis)][AltContent: arrow][AltContent: textbox (Fastening groove)][AltContent: arrow]
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Regarding claim 16, Herve discloses a coupling hole having a circular cross-section is formed by a predetermined length in the prosthesis, a fastening groove corresponding to the prosthesis fastening protrusions is formed at an upper portion inside the coupling hole, and when the prosthesis is fitted onto the upper portion of the abutment for dental implants, the prosthesis fastening protrusions separated into the plurality of segments are deformed toward the cut portions (see Fig. 6 – where the prosthesis fastening protrusions are deformed towards the cut portions), whereby all of the deformed prosthesis fastening protrusions are made into a shape corresponding to a coupling hole of the prosthesis (see annotated Fig. 3 and 6-7 above – where in Fig. 3 can be seen the coupling hole from below, in Fig. 6 can be seen the process of installing the prosthesis on the abutment with the deformation of the prosthesis fastening protrusions and in Fig. 7 when the prosthesis is already placed on the abutment, and the prosthesis fastening protrusions extends radially into the fastening groove of the prosthesis).
Claims 1, 3 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Soo Hong et al. (KR 102198233 B1).
[AltContent: textbox (Portion right under the upper end)][AltContent: arrow][AltContent: textbox (Outer diameter of portion right under the upper end)][AltContent: connector][AltContent: connector][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Plurality of segments)][AltContent: arrow][AltContent: textbox (Vertical center axis)][AltContent: arrow][AltContent: ][AltContent: textbox (Margin with prosthesis/ prosthesis seat recession)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Cut portions)][AltContent: ][AltContent: textbox (Upper end of an upper portion)][AltContent: textbox (Prosthesis fastening protrusions)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Fig. 3 zoomed portion)][AltContent: rect]
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[AltContent: arrow][AltContent: textbox (Outer diameter of the upper end)]
Regarding claim 1, Soo Hong et al. discloses an abutment for dental implants, the abutment including:
prosthesis fastening protrusions (see annotated Fig. 3 zoomed portion above) formed such that an outer diameter of an upper end of an upper portion of the abutment on which a prosthesis is mounted is larger than an outer diameter of a portion right under the upper end, and protruding outward (see annotated Fig. 3 zoomed portion above); and
cut portions dividing the upper portion of the abutment into a plurality of segments (see annotated Fig. 3 zoomed portion above – where the in between each cut portion includes a segment of the abutment),
wherein prosthesis fastening protrusions have shapes in which distance values from a vertical center axis (C) of the abutment to outer surfaces of the fastening protrusions are different, depending on positions, when seen in a horizontal cross-sectional view (see Fig. 3 zoomed portion above – where the prosthesis fastening protrusions includes different surfaces, each one having a different inclination with respect to the vertical axis; for that reason, the surfaces have different distance values from the vertical center axis (C) of the abutment).
Regarding claim 3, Soo Hong et al. discloses a lower cut portion width of the cut portions is smaller than a cut portion width of an upper end (see Fig. 3 zoomed portion above – where at the lower end of each cut portion has a general circular shape, in which that most lower portion is considered to have a smaller width than the cut portion width of the upper end).
Regarding claim 12, Soo Hong et al. discloses a predetermined section right under the prosthesis fastening protrusions is formed with a slope of zero (see Fig. 3 zoomed portion above – where the section below the prosthesis fastening protrusions is aligned with the vertical center axis; in this way, the slope is zero).
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 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Herve (FR 3047407 B1) as applied to claim 1 above, and further in view of Moore (WO 2011053170 A1).
Regarding claim 5-7, Herve discloses the claimed invention substantially as claimed, as set forth above for claim 1, and where Herve discloses that the abutment is fastened to a fixture by a fixing screw (9) (see page 5, lines 20-22 – “a fixing screw 9 comprising a screw head 10 from which extends a screw rod (11) provided with a threaded portion 12 intended to be screwed into said dental implant 2”); and a body (11) connecting the threaded portion (12) and the head (10); the fixing screw (9) includes a threaded portion (12) having a predetermined vertical length and having threads formed on an outer circumferential surface, a head (10) formed over the threaded portion (12) and having a coupling hole (10a) in which a screwdriver is inserted on a top thereof (see Fig. 2 above).
However, Herve/Moore does not disclose that body has a helix- shaped spiral cut portion formed with a predetermined length in a longitudinal direction; and the spiral cut portion is formed with a predetermined length in a longitudinal direction of a vertical center axis of the body while horizontally crossing the vertical center axis of the body to equally divide a transverse plane perpendicular to the vertical center axis (for claim 5); a plurality of slots having at least one closed end and passing through inner and outer surfaces is circumferentially formed with regular intervals at a lower portion of the abutment that is inserted into a hole of a fixture (for claim 6); that the slots are formed in diagonal, vertical, or horizontal line shapes (for claim 7).
[AltContent: textbox (Spiral cuts)]
[AltContent: arrow][AltContent: textbox (Vertical center axis)][AltContent: arrow][AltContent: textbox (Fixture)][AltContent: arrow][AltContent: connector][AltContent: arrow][AltContent: textbox (Head)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Body)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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Moore teaches flexible spring fasteners including a head, a body having spiral cut. Furthermore, the external surface of the body having the spiral cut may be threaded, and where the spiral cut portion is formed with a predetermined length in a longitudinal direction of a vertical center axis of the body while horizontally crossing the vertical center axis of the body to equally divide a transverse plane perpendicular to the vertical center axis; and where the spiral cut can be placed along any portion of the body and head of the fixture (see annotated Fig. 3 and 8 above). Furthermore, the spiral cut is configured to change circumferentially in response to a change in force applied (see page 11, lines 15-20), where that applied force can come in a number of forms, e.g. linear force resulting in a lineal tension, compressive force; and rotational forces of compressing or releasing, causing circumferential change in the body. In the case of rotational torque applied to the fixture, it causes the outer circumference of the body to decrease, allowing to push further the body into the aperture, and at the time of release the torque, the outer circumference will increase, in this way forming a very strong fit within the aperture (see page 11, line 21 through page 12, line 19). Furthermore, the body can include one or more helical slots (see page 14, lines 19-20).
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 body of the fixing screw of Herve, with the spiral cut body with external thread of Moor, in order to causes the outer circumference of the body to decrease during insertion for pushing further into the aperture of the dental implant, and at the time of releasing the torque, the outer circumference will increase, forming a very strong fit within the aperture of the dental implant internal surface.
And, 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 lower portion of the abutment of Herve, with the plurality of slots capable of linear compression of Moor, in order to causes the outer circumference of the lower portion of the abutment to increase during the exposure to external forces, e.g. mastication, so that it is reduced the force transferred to the bone while it integrates to the bone (see page 7, lines 22-25 – where it is disclosed where the spiral cuts prevents problems in an implanted structure).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Herve (FR 3047407 B1) in view of Moore (WO 2011053170 A1) as applied to claim 5 above, and further in view of Olsson et al. (WO 2009007394 A1).
Regarding claim 8, Herve/Moore discloses the claimed invention substantially as claimed, as set forth above for claim 5.
However, Herve/Moore does not disclose that head of the fixing screw further has an anti-screw fastening protrusion at a predetermined portion of an outer circumferential surface, and when the fixing screw is fastened, the anti-screw fastening protrusion is fitted in a spiral or diagonal cut portion formed at the upper portion of the abutment, thereby preventing loosening of the fixing screw.
[AltContent: textbox (Diagonal cut portion)][AltContent: ][AltContent: arrow][AltContent: textbox (Anti-screw fastening protrusion engaged on the diagonal cut portion)][AltContent: arrow][AltContent: textbox (Abutment)][AltContent: textbox (Fixing screw)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Abutment)][AltContent: arrow][AltContent: textbox (Dental implant)]
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[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Diagonal cut portion)][AltContent: textbox (Anti-screw fastening protrusion)]
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Olsson et al. teaches a dental implant (2), abutment (140) and a fixing screw (3) (see annotated Fig. 15, 16, 18 and 23-24 above). The fixing screw (3) includes anti-screw fastening protrusion (240) on the outer lower face of the head (230) having a spiral form in the horizontal plane, in which it is configured to fit on top of a spiral cut portion (50) formed on the upper surface portion of the fixing screw cavity of the abutment (140). The anti-screw fastening protrusion (240) in combination with the diagonal cut portion (50) provides a sealing mechanism between the fixing screw and the internal cavity of the implant (see page 9, lines 25-32), in which due to its sealing characteristics it is understood that prevents the movement of the fixing screw with respect to the abutment.
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 lower outer surface of the head of the fixing screw and the connecting upper surface of the fixing screw cavity of the abutment of Herve/Moore, with the spiral grooves and protrusions of Olsson, in order to create a sealing mechanism that at the same time prevents the movement of the fixing screw out of the abutment.
Claims 17 is rejected under 35 U.S.C. 103 as being unpatentable over Herve (FR 3047407 B1) as applied to claim 16 above, and further in view of Eom et al. (WO 2021133141 A2).
Regarding claim 17, Herve discloses the claimed invention substantially as claimed, as set forth above for claim 16, and where Herve discloses that the abutment includes three protrusions (16a-16c) located on the middle of the abutment, and where said three protrusions are aligned with the radial housing 15a-15c on the lower portion of a prosthesis (3) making an indexing mechanism of three position. All the protrusions and the corresponding radial housing are arranged 120 degrees from each other, in this way having a side wall (5a-5c) on the opposing wall on prosthesis. At the same time each of the three protrusions (16a-16c) is aligned with each of the prosthesis fastening protrusions (see 5 zoomed portion above). Furthermore, the prosthesis includes an internal groove (20) having a shape that corresponds to the peripheral surfaces of the prosthesis fastening protrusions.
However, Herve does not disclose that the prosthesis fastening protrusions when fitted into the corresponding shape fastening groove of the prosthesis makes it possible to prevent rotation of the prosthesis and specify a fastening position of the prosthesis.
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Eom et al. teaches a dental abutment (100) and a prosthesis (200) (see Fig. 3, 5-6 above). The dental abutment (100) includes a protrusion (121) at the lower portion of the connection with the prosthesis (200) is used as a first anti-rotation mechanism and as an indexing mechanism for indicating the direction of the alignment for the prosthesis. In the upper portion of the abutment includes a second anti-rotation mechanism (122) in the opposite side of the abutment. The prosthesis includes a cavity with a shape configured to accept all the protrusions (121 and 122) for align and prevent rotation of the prosthesis with respect to the abutment.
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 internal cavity of the prosthesis of Herve, with the shape of the internal cavity of the prosthesis that follows the shape of the prosthesis fastening protrusions/anti-rotation and the indexing protrusion of Eom, in order to further provide a secondary anti-rotation mechanism at the coronal portion of the abutment in addition to the anti-rotation shape at the lower portion of the prosthesis. In this way, the anti-rotation mechanism in the lower portion helps direct the fastening position of the prosthesis while the upper portion will further help the position along the length of the prosthesis.
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.
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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/MIRAYDA A APONTE/Examiner, Art Unit 3772
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
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