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
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 17/392,715 and 15/662,578, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. The limitations “the enossal includes a non-round cross section which reduces towards apically” in claim 1, “the enossal portion in at least one axial position includes a non-round cross section” in claim 9, and “at least one axial position includes a non-round cross section” in claim 24. These claim limitations requiring a portion of the enossal portion be non-rounded in cross section which is not supported in patent applications 17/392,715 and 15/662,578. As such claims 1-20 and 24 receive a priority date of 11/18/2020. Claims 21-23 get the priority date 7/29/2016.
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 4 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 4 recites the limitation "the enossal sub-region". There is insufficient antecedent basis for this limitation in the claim.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-7 and 9-19 are rejected under 35 U.S.C. 103 as being unpatentable over Thomke (US 2018/0028286) in view of Mayer et al (US 2006/0105295), herein known as Mayer ‘295.
Regarding claim 1, Thomke discloses a dental implant (1), including: an implant body which extends between a coronal and an apical end (see figures 1-12);
the implant body having
an enossal portion (portion of implant body having outer thread 11 is disclosed as the enossal region in par 82 or par 16) shaped and equipped to be inserted into a cavity in bone tissue and having an enossal outer surface equipped to be in contact with bone tissue after implantation (par 17 and figures 1b-c discloses an example of an implant in contact with contact after implantation);
a transgingival portion shaped and equipped to extend through the gingiva after implantation (see projection 62 discloses a structure which compresses the gums);
and a coronal portion, the coronal portion having a post protruding coronally from the transgingival portion (coronal post 61, par 90 discloses the coronal post being above the projection 62), the post being equipped for fastening a crown or prosthesis to the dental implant (par 90 discloses the post being capable of a superstructure being fastened);
the implant body having a coronally open cavity (cavity 2, see figure 9), the cavity extending at least through the transgingival portion an into the enossal portion and having at least one exit opening from an inside to the enossal outer surface (see figure 9, where the cavity extends to the exit opening 4); and
the dental implant (1) further including a thermoplastic element (20, par 90 discloses the design being analogous to the two-part system with the thermoplastic element 20 placed in the cavity 2) in a solid state (par 17 discloses the thermoplastic element being in a solid condition),
the thermoplastic element (20) being arranged in the cavity or being introducible into the cavity (par 17 and 90, see figure 8),
wherein the thermoplastic element (20) is equipped to be brought into an at least partly flowable condition by way of applying a pressing force which is directed apically into the cavity and mechanical oscillations, so as to press at least a share of the flowable material of the thermoplastic element through the at least one exit opening into surrounding bone tissue on account of the pressing force (par 17), when the implant body is arranged in an opening in the bone tissue and the enossal outer surface is in contact with the bone tissue, so as to anchor, after re-solidification, the dental implant in the bone tissue (par 75 discloses the re-solidification of the liquified thermoplastic material to anchor the implant to the bone).
Thomke fails to disclose the enossal portion includes a non-round cross section which reduces towards apically
However, Mayer ,295 teaches an enossal portion that includes a non-round cross section (protruding region 41, see figures 14 and 16A) which reduces apically (see figures 13 and 15) for the purpose of stabilizing against tortional loading after implantation (par 96).
Therefore, it would be obvious to one of ordinary skill in the art, at the time of applicant’s filing to modify Thomke to have the enossal portion includes a non-round cross section which reduces towards apically as taught by Mayer ‘295 for the purpose of stabilizing against tortional loading after implantation.
Regarding claim 2, Thomke further discloses the cavity (2) extends through the post (61) in an axial direction and has a mouth in the post (see figure 9).
Regarding claim 3, Thomke further discloses the implant body (1) has a shoulder between the transgingival portion and the post (see figure 9).
Regarding claim 4, Thomke discloses the enossal sub-region corresponds to a complete enossal region of the implant (see figure 9, where the threaded section is below the projection 62 being in contact with the bone).
Regarding claim 5, Thomke discloses a cross-sectional shape of the cavity (2) is matched to an outer cross-sectional shape of the implant body (see figure 9 and figure 3b).
Regarding claim 6, Thomke discloses a cutting edge (11) apically of the exit opening (4, see figure 9).
Regarding claim 7, Thomke/Mayer ‘295disclose the claimed invention as set forth above in claim 1. Mayer ‘295 further teaches at least one sub-region of the enossal region (41), the cross section reduces towards apically in a continuous and stepless manner (see figure 15) for the reasons set forth above.
Regarding claim 9, Thomke discloses a dental implant (1), including an anchoring part (implant body 1 forming the anchoring part, see par 66) extending between a coronal and an apical end (see figures 1a-c, 3a, 5, 8 and 10);
the anchoring part (1) having an enossal portion shaped and equipped to be inserted into a cavity in bone tissue and having an enossal outer surface equipped to be in contact with bone tissue after implantation (par 41 discloses the enossal region of the implant body providing the outer thread 11 and par 15-17 discloses the placement of the implant that defines the enossal outer surface within the bone);
the anchoring part (1) having a coronally open cavity (the widening 3 of the cavity 2), the cavity extending at least through a part of the enossal portion and having an exit opening from an inside to the enossal outer surface (opening 4, see figures 1a-c, 3a, 5, 8 and 10);
the implant further including an abutment (30);
the abutment having a post protruding coronally (coronal post 34), the post being equipped for fastening a crown or prosthesis to the dental implant (par 78 discloses the post 34 being fastens to a superstructure);
the anchoring part and the abutment being shaped for the abutment to be fastened to the anchoring part (via the fastening post 31, see figures 78-80);
the dental implant further including a thermoplastic element (20) in a solid state (par 10),
the thermoplastic element being arranged in the cavity or being introducible into the cavity (see figure 1b),
wherein the thermoplastic element (20) is equipped to be brought into an at least partly flowable condition by way of applying a pressing force which is directed apically into the cavity and mechanical oscillations, so as to press at least a share of the flowable material of the thermoplastic element through the at least one exit opening into surrounding bone tissue on account of the pressing force (par 17), when the anchoring part is arranged in an opening in the bone tissue and the enossal outer surface is in contact with the bone tissue, so as to anchor, after re-solidification, the anchoring part in the bone tissue (par 75 discloses the re-solidification of the liquified thermoplastic material to anchor the implant to the bone).
Thomke fails to disclose the enossal portion includes a non-round cross section which reduces towards apically
However, Mayer ‘295 teaches an enossal portion that includes a non-round cross section (protruding region 41, see figures 14 and 16A) which reduces apically (see figures 13 and 15) for the purpose of stabilizing against tortional loading after implantation (par 96).
Therefore, it would be obvious to one of ordinary skill in the art, at the time of applicant’s filing to modify Thomke to have the enossal portion includes a non-round cross section which reduces towards apically as taught by Mayer ‘295 for the purpose of stabilizing against tortional loading after implantation.
Regarding claim 10, Thomke further discloses the abutment includes an anchoring post (fastening post 31) shaped to be inserted into the cavity (par 78).
Regarding claim 11, Thomke discloses the anchoring part (31) and the abutment (30) are equipped for the anchoring post to be fixed in the cavity (par 78).
Regarding claim 12, Thomke discloses the cavity (2) has, coronally of the exit opening (4), an inner thread (9) for a screw that fixes the abutment (par 89).
Regarding claim 13, Thomke discloses the abutment (30) has an axial through opening with a not constant cross section for a screw to be inserted (see figure 7), wherein in an assembled state an apical portion of the screw engages the inner thread (par 88 discloses the abutment screw thread attaches to the inner thread of the implant), and a coronal portion of the screw is in the axial through opening and secures the abutment relative to the anchoring part (see figure 7, head 51 adjacent the shoulder 38).
Regarding claim 14, Thomke discloses the abutment (30) has an apical anchoring post (31), and wherein the cavity has an apical section for the thermoplastic material and a coronal section coronally of the apical section, the coronal section being equipped for receiving and fixing the anchoring post (see figure 8).
Regarding claim 15, Thomke discloses the cavity (2) extends in an axial direction and has a mouth in a distal end face of the anchoring part (see figures 1a-c, 3a, 5, 8 and 10).
Regarding claim 16, Thomke discloses the anchoring part is a bone level implant anchoring part (figure 1b).
Regarding claim 17, Thomke discloses the anchoring part is a tissue level anchoring part and includes a transgingival portion (figure 3a).
Regarding claim 18, Thomke discloses the cavity (2) has an anti-rotation portion (widening 3, disclosed as polygonal shape in par 70) having a cross section that is different from circular (see figures 3b-c), and the abutment has an abutment anti-rotation portion shaped to engage with the anti-rotation portion of the cavity (par 70 and 84).
Regarding claim 19, Thomke/Mayer ‘295 disclose the claimed invention as set forth above in claim 9.
Mayer ‘295 further teaches at least one sub-region of the enossal region (each step 13 being interpreted as a sub region), the cross section reduces towards apically in a continuous and stepless manner (see figure 11, the lowest step 13 reduces apically continuously and stepless) for the purpose of lodging into the alveolus wall during implantation (par 65).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Thomke to have at least one sub-region of the enossal region, the cross section reduces towards apically in a continuous and stepless manner for the purpose of lodging into the alveolus wall during implantation.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Thomke et al in view of Mayer ‘295 as applied to claim 1 above, and further in view of Friel (US 470,332).
Regarding claim 8, Thomke/ Mayer ‘295 fails to disclose the cross section reduces towards apically in a continuous and stepless manner in the enossal region.
Friel teaches an enossal region of an implant (B the root) having a cross-section reduce apically in a continuous and stepless manner (see figures 1-2) for the purpose of firmly implanting in the jaw (lines 18-20).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Thomke/ Mayer ‘295to have the cross section reduces towards apically in a continuous and stepless manner in the enossal region as taught by Friel for the purpose of firmly implanting in the jaw.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Thomke in view of Mayer ‘295 as applied to claim 9 above, and further in view of Friel.
Regarding claim 20, Thomke/ Mayer ‘295 fails to disclose the cross section reduces towards apically in a continuous and stepless manner in the enossal region.
Friel teaches an enossal region of an implant (B the root) having a cross-section reduce apically in a continuous and stepless manner (see figures 1-2) for the purpose of firmly implanting in the jaw (lines 18-20).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Thomke/ Mayer ‘295 to have the cross section reduces towards apically in a continuous and stepless manner in the enossal region as taught by Friel for the purpose of firmly implanting in the jaw.
Claims 21-25 are rejected under 35 U.S.C. 103 as being unpatentable over Mayer ‘295 in view of Battula (US 2015/0320521) and Mayer et al (WO 2011/091545), herein known as Mayer ‘545.
Claim 21, Mayer ‘295 discloses a dental implant system (figures 15 and 16A-B) including:
a dental implant anchoring part extending between a coronal and an apical end (see figure 15, the coronal part being the top of the protruding region 41 extending to the end of the implant on the end tip of the opposite side);
the anchoring part having an enossal portion shaped and equipped to be inserted into a cavity in bone tissue and having an enossal outer surface equipped to be in contact with bone tissue after implantation (par 99 discloses the implant having dimensions and being configured to be planted into a cavity of a desired position by press fit, resulting in contact with bone tissue after implantation);
the anchoring part having a coronally open cavity (hollow space 26), the cavity extending at least through a part of the enossal portion and having an exit opening (27) from an inside to the enossal outer surface (see figures 15 and 16A);
the cavity having an apical thermoplastic material receiving section (see figure 15, where the thermoplastic extends the length of the cavity);
the system further including a thermoplastic element (M) in a solid state (par 98 discloses the material as liquifiable and a thermoplastic so is therefore solid when introduced as seen in figure 5,
the thermoplastic element (M) being arranged in the cavity or being introducible into the cavity (see figures 16 and 15A),
wherein the thermoplastic element is equipped to be brought into an at least partly flowable condition by way of applying a pressing force which is directed apically into the cavity and mechanical oscillations, so as to press at least a share of the flowable material of the thermoplastic element from the thermoplastic material receiving section through the at least one exit opening into surrounding bone tissue on account of the pressing force (par 98), when the anchoring part is arranged in an opening in the bone tissue and the enossal outer surface is in contact with the bone tissue, so as to anchor, after re-solidification, the anchoring part in the bone tissue (par 87 discloses the re-solidification of the material between the implant and surrounding bone);
Mayer ‘295 fails to disclose the implant having a coronal abutment receiving section;
the system further including a dental abutment;
the abutment having a post protruding coronally, the post being equipped for fastening a crown or prosthesis to the dental implant;
the abutment further having an apical anchoring post shaped to engage into the coronal abutment receiving section and to be fixed therein for the abutment to be fastened to the anchoring part;
the system further including a protecting element equipped to prevent the flowable material from covering a surface of the coronal section so as to leave the coronal section free from any thermoplastic material of the thermoplastic element.
Battula teaches a system with a dental implant (21) with a coronal abutment receiving section (recess 25, par 41 and figure 1) and a dental abutment (22); the abutment having a post protruding coronally (supragingival portion 28, see figure 1), the post (28) being equipped for fastening a crown or prosthesis to the dental implant (see figure 1 and par 41); the abutment (22) further having an apical anchoring post (body portion 33) shaped to engage into the coronal abutment receiving section and to be fixed therein for the abutment to be fastened to an anchoring part (see figure 1 and par 50) for the purpose of removably attaching the abutment to the implant.
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Mayer ‘295 to have a coronal abutment receiving section on the implant and have the system further include a dental abutment; the abutment having a post protruding coronally, the post being equipped for fastening a crown or prosthesis to the dental implant; the abutment further having an apical anchoring post shaped to engage into the coronal abutment receiving section and to be fixed therein for the abutment to be fastened to the anchoring part as taught by Battula for the purpose of removably attached to the abutment to the implant.
Mayer ‘545 teaches a system (figure 1) further including a protecting element (guide tool 14) equipped to prevent the flowable material from covering a surface of a coronal section of an implant (see figure 1 which discloses the guide tool covering the coronal section of the cavity 4 of fastener 3) resulting in the coronal section free from any thermoplastic material of the thermoplastic element (see figure 1e and f) for the purpose of advancing the anchoring element into the fastener (page 20, lines 10-15).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Mayer ‘295/Battula to have the system further including a protecting element equipped to prevent the flowable material from covering a surface of the coronal section so as to leave the coronal section free from any thermoplastic material of the thermoplastic element as taught by Mayer ‘545 for the purpose of efficiently advancing and guiding the thermoplastic element into the outlet exits of the fastener.
Regarding claim 22, Mayer ‘545 further teaches the protecting element (14) is a protection sleeve that is removable after implantation (see figures 1e-f) for the reasons set forth above.
Regarding claim 23, Mayer ‘545 further teaches an apical portion of the protecting element has an outer structure shaped to cooperate with a retaining portion of the cavity for temporarily mounting the protecting element relative to an anchoring part (see figures 1e-f, where the guide tool 14 includes a flanged section that is shaped to sit on a shoulder of the fixture and is removable) for the reasons set forth above.
Regarding claim 24, Mayer ‘295 further discloses an enossal portion in at least one axial position includes a non-round cross section (protruding region 41, see figure 16A) for the purpose of stabilizing against tortional loading after implantation (par 96).
Regarding claim 25, Mayer ‘295 discloses the cross section in at least one sub-region (41) reduces towards apically in a continuous and stepless manner in the enossal region (see figure 15).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached references cited.
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/S.N.B./Examiner, Art Unit 3772
/HEIDI M EIDE/Primary Examiner, Art Unit 3772
2/9/2026