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 .
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 1-8 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.
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.
Claim 1 recites the limitations “the bottom”, "the top", and “the stump tooth” in lines 4-5; “the coupling” in line 7; “the intersection” in line 10; “the value” in line 13.
Claim 2 recites “the upper portion of a third cavity” and “the connecting means” in line 3; “the central portion of a first cavity” in line 4; “the rotation” in line 5; “the lower portion of a second cavity” in line 8”; “the central axis” in line 9.
Claim 3 recites “the optimal positioning” in line 3.
Claim 5 recites “the bone site below” and “the gingiva” in line 2; “the external surface of the implant element in line 3; “the portion upper of an upper centering” in line 4; “the top “ and “the external surface” in line 8; the “internal surface” and “the first and second cavities” in line 10; “the angle gamma” in line 12; “the connecting means” in line 13; the “connection means” in line 15; “the external surface of the tooth stump” in line 17; and “the coupling means” in line 19.
Claim 6 recites “the upper portion of a fourth cavity” in line 3; “the accommodation”, “the first head”, and “the first through screw” in line 4; “the central portion” and “the passage” in line 5; “the lower portion of a fifth cylindrical-shaped cavity”, “the passage”, and “the shank” in line 7; “the first and second cavities” in line 11.
Claim 7 recites “the external surface” in line 3; “the internal surface” in line 4; “the second through screw” in line 5.
Claim 8 recites “the head” and “the second through screw” in line 3; “the passage” and “the threaded shank” in line 4; “the shape”, “the profile”, “the shape”, “the external profile”, and “the upper portion” in lines 6-7; “the third upper portion” and “the unique and repeatable positioning” in line 9.
There is insufficient antecedent basis for these limitations in the claim.
Claim 2 recites “the connecting means” and is labeled as (3), so this seems to be referring to the same structure as “means of a connection” in claim 1, however the language is different and therefore it is unclear if this is the case.
Claim 3 recites “it” in line 4 and it is unclear what structure “it” is supposed to be referring to. Claim 4 and 5 also recite “it” in their line 1 and are unclear in the same manner.
Claim 4 recites “a variable expansion screw”, however this does not appear to be a known term in the art, nor is there any recitation or explanation of it in the specification. The drawings all appear to show a conventional screw, and the claims will be interpreted in light of this, where “variable expansion” is interpreted to different diameters along the length thereof.
Claim 5 recites “further comprises: the implant element”, however the implant has already been established as part of claim 1 and it is therefore unclear if this is meant to refer to a second implant element or the same implant element of claim 1. Claim 5 also recites “the external surface” in line 8, which would appear to refer back to “the external surface of the implant element” previously recited in claim 5; however this second recitation seems to be referring to the anchoring means and therefore it is unclear what “the external surface” belongs to. Claim 5 further recites “intimately connected by chemical or mechanical fixing”, which would seem to prevent relative rotation; however the claims discuss the parts rotating with respect to one another. It is unclear how the parts can be both fixed to one another (especially chemically), but rotatable with respect to one another.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 1-8 are rejected as best understood under 35 U.S.C. 102(a)(1) as being anticipated by Marlin (US 2014/0205969).
Marlin shows a dental prosthetic device (Fig. 49-52) designed for the creation of at least one prosthetic product that can be customized by the operator according to the patient's clinical needs (rotation and prosthetic placed thereon), comprising at least a rotating element (at 556 in Fig. 49), connected at the bottom with an implant element (as seen in Fig. 49, via anchoring means therebetween, near 561) by means of an anchoring means (at 561 in Fig. 49; language interpreted as structure acting as an anchor between the components) and at the top with the stump tooth (at 586 in Fig. 49-52) by means of a connection (at 580 in Fig. 49; means of a connection interpreted as structure acting as connection between the components), the rotating element being made up of an upper portion (upper portion thereof) externally equipped with a conical profile (at 572 in Fig. 49-50) to facilitate the coupling of the stump tooth with the rotating element (facilitated coupling as in Fig. 52), and equipped with a first axis of symmetry A (hashed line in Fig. 49 at an angle to the longitudinal axis of the implant element); a lower portion (lower portion thereof), equipped with a second axis of symmetry B (along the longitudinal axis of the implant element), the intersection of the first axis of symmetry A with the second axis of symmetry B constitutes an angle a, with a between 0* and 60* (as in the figures; [0205]) giving the lower portion of the rotating element a physical shape and size according to the value assumed by the angle a capable of compensating the inclination of the implant element implanted in the bone site providing correct alignment of the stump tooth in the prosthetic product ([0205] and figures show this angle; see also Fig. 6 for instance); the upper portion of the rotating element being arranged with respect to the lower portion as a function of the value assumed by the angle a (the established angle between the two portions is based on each of the angles thereof, which includes angle a). With respect to claim 2, wherein the rotating element is equipped internally in the upper portion of a third cavity (upper interior portion thereof) designed to connect the connecting means with the rotating element (at 574 in Fig. 50 for instance); in the central portion of a first cavity (middle portion thereof) designed to prevent translation along the axis (middle portion secured translationally with the screw therethrough) and favor the rotation of the rotating element with respect to the anchoring means by an angle y with y between 0* and 360* (rotation in 360 direction of the rotating part shown more explicitly in Fig. 25A-25F and 54A-55 for instance); and in the lower portion of a second cavity (lowest portion thereof) internally equipped with a recess that allows the sliding and positioning of the anchoring means (10) favoring its rotation along the central axis (lower portion receiving the anchoring portion therein near 561 in Fig. 49 for instance). With respect to claim 3, wherein the rotating element is designed to rotate by an angle y with respect to the anchoring means (Fig. 54A-55 show the rotation mechanism of the other embodiment in detail), with the angle y comprised between 0* and 360* (full rotation with respect to one another), ensuring the optimal positioning of the stump tooth connected to it (such as seen in Fig. 52 or 55). With respect to claim 4, wherein it further comprises a first passing screw (screw at 210 in Fig. 49), designed to tighten the rotating element with the implant element by means of the anchoring means (as seen from Fig. 49-50), the first passing screw (6) is a variable expansion screw (see 112 above; screw 210 has variable expansion along its length as seen in Fig. 49). With respect to claim 5, the implant element designed to be implanted in the bone site below the gingiva (such as in Fig. 56A), by means of an external thread arranged on the external surface of the implant element (Fig. 49-56A), and connected at the top with the anchoring means (seen in Fig. 49), provided in the portion upper of an upper centering and closing chamber (this may refer to the upper chamber of implant element receiving the anchoring in Fig. 49), designed for centering and closing the anchoring means (this chamber centers and closes the anchoring means as seen in Fig. 49-50 in particular); the anchoring means coupled below with the implant element (Fig. 49-50) and above with the rotating element (Fig. 49-50); and equipped at the top on the external surface with two or more anchoring fins (at 561 in Fig. 49; [0010]; the shape defined as any polygon which would result in fin shapes; also [0026] discusses trichannel configuration in addition to any polygon which also results in fin shapes), intimately connected by chemical or mechanical fixing, or both fixings, with the internal surface of the first and second cavities of the rotating element (see 112 above; mechanically fixed as seen in Fig. 50 in particular), allowing a rotation of the rotating element with respect to the anchoring means by the angle y with y comprised between 0° and 360 (see above in regards to allowing the rotation therebetween); the connecting means designed to connect the stump tooth to the rotating element (Fig. 52 in particular); the stump tooth connected to the rotating element by means of the connection means (seen in upper half of Fig. 52) and designed to fix a dental prosthesis by means of a thread or bayonet connection arranged on the external surface of the stump tooth ([0207] discusses the bonding sleeve, which is considered equivalent to the tooth stump, having an external configuration to receive a connecting ring and bar wherein a connecting ring in particular would be capable of functioning as a bayonet connection); a second through screw (at 575 in Fig. 50-52), designed to tighten the stump tooth with the rotating element by means of the coupling means (this tightening/fixing seen in Fig. 51-52 via the screw and connecting means). With respect to claim 6, wherein the anchoring means is internally equipped in the upper portion of a fourth cavity cylindrical or conical in shape designed to favor the accommodation of the first head of the first through screw (combination of 210 and 240 and their location therein); in the central portion of a passage thread designed to facilitate the passage and tightening of the first through screw (allows passage therethrough as in Fig. 50 so that the components may be tightened together in Fig. 50); and in the lower portion of a fifth cylindrical-shaped cavity designed for the passage of the shank of the first through screw (shown passing through at bottom of anchor in Fig. 50); a lower external portion (lower external portion of anchor) designed to couple in the chamber of the implant element (trichannel configuration between implant element and anchoring means as seen in Fig. 49) favoring its optimal positioning in a repeatable way (trichannel allows the repeatable positioning); and an upper external portion (upper portion thereof), designed to couple with the first and second cavities of the rotating element (near 561 in Fig. 49 where the first and second cavities are considered those enclosing this upper external portion in Fig. 49) advantageously allowing the centering of the rotating element with the implant element (centering shown in Fig. 49 along longitudinal axis of implant). With respect to claim 7, wherein the connecting means consists of a third upper portion (upper portion thereof); a fourth lower portion (lower portion thereof) provided on the external surface with a thread or bayonet coupling (589 on the external surface thereof creates channels that may function as a bayonet coupling or singular threads); a fifth central portion (central portion thereof) equipped on the internal surface with a thread (584 for instance) designed to facilitate the passage and tightening of the second through screw (shown passing therethrough in Fig. 51 to tighten the connecting element to the rotating element). With respect to claim 8, wherein the stump tooth consists internally of a sixth upper portion (upper portion thereof) designed to house the head of the second through screw (as seen in Fig. 51 where the head is therein); a seventh central portion (central portion thereof) designed for the passage of the threaded shank of the second through screw (shown extending therethrough in Fig. 51 just above 574); an eighth lower portion (lower portion thereof) having the shape of the profile corresponding to the shape of the external profile of the upper portion of the rotating element (conical shape of stump matching the conical shape as seen at 587 in Fig. 51); a ninth portion of hexagonal shape or another geometric shape (cylinder 580 being circle shape) designed to closely couple with the third upper portion of the connection means ensuring the unique and repeatable positioning of the stump tooth (shown abutting in Fig. 52 so that the stump is received thereon in a repeatable position).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW NELSON whose telephone number is (571)270-5898. The examiner can normally be reached on Monday-Friday 7:30am-5:00pm EDT.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eric Rosen, 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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/MATTHEW M NELSON/Primary Examiner, Art Unit 3772