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 under 35 U.S.C. 119 (a)-(d).
Claim Objections
Claim 1 objected to because of the following informalities: “said body” in line 3 of the claim should be said at least one substantially tubular body; and “said duct” in line 14 of the claim should be said an internal duct. Appropriate corrections are required.
Claim 2 objected to because of the following informalities: “comprising comprises” in line 1 of the claim. Appropriate correction is required.
Claim 3 objected to because of the following informalities: "said first segment" in line 2 of the claim should be “said first longitudinal segment”. Appropriate correction is required.
Claim 4 objected to because of the following informalities: "said first segment and said second segment" in lines 2 and 4 of the claim, respectively, should be said first longitudinal segment and said second longitudinal segment, respectively. Appropriate correction are required.
Claim 5 objected to because of the following informalities: "said body" in line 1 of the claim should be said at least one substantially tubular body. Appropriate correction is required.
Claim 6 objected to because of the following informalities: "said cut" in line 3 of the claim should be said radial cut. Appropriate correction is required.
Claim 7 objected to because of the following informalities: “ia” and “said channel” in lines one and four of the claim, respectively, should be “is” and “said threaded internal channel”, respectively. Appropriate corrections are required.
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 – 10 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 1 recites the limitation “said first end” in line 12 of the claim. There is insufficient antecedent basis for this limitation in the claim thus, it is unclear to the examiner which “first end” is being referred to. For continued examination, the examiner interprets the limitation as “a first end”.
Claim 2 recites the limitations "said bodies" and “said retention rings” in line 2 of the claim. There are insufficient antecedent bases for these limitations in the claim. It is unclear to the examiner whether the “plurality of said bodies” refers to “said at least one substantially tubular body of claim 1” further comprising a plurality of substantially tubular bodies or refers to additional bodies to “said at least one substantially tubular body of claim 1”. For continued examination, the examiner interprets the limitation as “said at least one substantially tubular body of claim 1” further comprising a plurality of substantially tubular bodies. Furthermore, it is unclear to the examiner whether “said retention rings” refers to a plurality of “a retention ring of claim 1” or refers to additional retention rings to “a retention ring of claim 1”. For continued examination, the examiner interprets the limitation as a plurality of “a retention ring of claim 1”.
Claim(s) 8 recites the limitation “said threaded internal channel” in line 3 of the claim. There is insufficient antecedent basis for this limitation.
Claim(s) 3 – 7 and 9 – 10 are dependent on claim 1 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. Thus, claim(s) 3 – 7 and 9 – 10 are rejected 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
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) 1 – 3, 5, and 7 – 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dukhan (US 20140141388 A1) in view of Aravena et al. (US 6,244,867 B1).
Regarding claim 1, Dukhan discloses a dental implant (Fig. 19 a – c)comprising at least one substantially tubular body (48 Fig. 19 a – c) provided with an internal duct which is open to the outside at respective ends of said body (see Fig. 20 a – g; paragraph 0052; element 48 has a through opening and open at respective ends), said first end (the end with element 50; see Fig. 20 a – g) defining a cavity (50 Fig. 20 a – g) adapted to accommodate, in a coupling configuration, a terminal portion (19 Fig. 18 a – h) of a pin (1 Figs. 18 and 19) which is configured to be coupled, directly or indirectly, to a maxillary bone tissue (see Figs. 10 – 17; element 1 is coupled to maxillary or mandibular bone tissue), and further comprising at least:
- a retention ring (66 Figs. 19 a – c), which has a radial cut (76/77 Fig(s) 21a – g; paragraph 54) and is configured to be accommodated in said cavity, which is shaped complementarily (see Fig. 23 a – c; element 66 is accommodated within element 50 of element 48), said retention ring being configured to allow introduction of the terminal portion (19 Figs. 23a – c) of the pin (1 Figs. 23a – c) into said cavity (see that element 19 of the pin (1) is within the cavity of element 48) and to hinder the subsequent accidental egress of the terminal portion from said cavity (see Fig. 23a – c),
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- a release tool (82 Figs. 19a – c, 22a – f), comprising a shank (see annotated Fig. 22a – f) having a first longitudinal segment being terminal (see annotated Fig. 22a – f), and a second longitudinal segment (see annotated Fig. 22a – f), which is threaded (see annotated Fig. 22a – f).
Dukhan is silent regarding said first longitudinal segment configured to be inserted with play into said duct, and said threaded second longitudinal segment being configured to engage a female thread provided along an internal wall of said duct.
Aravena et al. teaches an analogous device (see Fig. 2) comprising at least one substantially tubular body provided (9C Fig. 2) with an internal duct (220 is an internal longitudinal passage, Fig. 2) which is open to the outside at respective ends of said body (see Fig. 2; line of symmetry indicates that element 10B passers through element 220 thus, element 220 must be open to the outside at respective ends of element 9C), said first end (the end distal to 219 of element 9C) defining a cavity (6B Fig. 2) adapted to accommodate, in a coupling configuration (see that the cavity is adapted to fit on the terminal portion (206) of a pin (4B) ), a terminal portion (210/201 Fig. 2) of a pin (4B Fig. 2) which is configured to be coupled, directly or indirectly, to a maxillary bone tissue, and further comprising at least (see Fig. 4; Col. 5 lines 5 – 17):
- a retention ring (1B Fig. 2), which is configured to be accommodated in said cavity (see that 1B is configured to be accommodated in element 6B of 9C; Fig. 2 and Col. 4 lines 49 – 60), which is shaped complementarily (see Fig. 2), said retention ring being configured to allow introduction of the terminal portion of the pin into said cavity and to hinder the subsequent accidental egress of the terminal portion from said cavity (see Fig. 2; Col. 4 lines 58 – 67),
- a release tool (10B Fig. 2), comprising a shank having a first longitudinal segment (see annotated cropped Fig. 2), which is terminal and configured to be inserted with play into said duct (see that the terminal portion of element 10B (see annotated cropped Fig. 2) as interpreted by the examiner is configured to be inserted with play into element 6B (cavity) of element 9C; Fig. 2. The terminal portion of element 10B is unthreaded and has a smaller diameter compared to the adjacent portions of the shank of the release tool thus, allowing some movement of the terminal portion of element 10B within the said duct therefore helping guide the release tool (inserted with play) into said duct. The limitation as stated is functional thus, while Aravena et al. does not have to teach the device functioning as claimed, it clearly demonstrates that the device of Aravena et al. is capable of functioning as claimed, therefore satisfies the claimed limitation), and a second longitudinal segment (see annotated cropped Fig. 2), which is threaded (see annotated cropped Fig. 2) and is configured to engage a female thread provided along an internal wall of said duct (See Figs. 1 and 2; see that the second longitudinal segment as interpreted by the
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examiner is configured to engage with element 221 of said duct (220); Col. 4 lines 3 – 17 and 48 – 54).
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 Dukhan to be configured with a release tool comprising a first longitudinal segment being terminal and configured to be inserted with play into said duct and a threaded second longitudinal segment configured to engage a female thread provided along an internal wall of said duct, in order to guide the release tool through the said duct and secures the abutment to the release tool, allowing both to be delivered together in the mouth in a secure connected arrangement, as taught and suggested by Aravena et al.
Regarding claim 2, Dukhan/ Aravena et al. discloses the claimed invention substantially as set forth in claim 1 above. Dukhan further discloses the analogous device comprising a plurality of said bodies and of said retention rings (see Fig. 17; paragraph 0028).
Regarding claim 3, Dukhan/ Aravena et al. discloses the claimed invention substantially as set forth in claim 1 above. Dukhan further discloses the analogous device wherein said shank has a third longitudinal segment (see annotated Figs. 22a – f), which is terminal and opposite to said first segment which is constituted by an enlarged head (84; see annotated Figs. 22a – f), and a contoured notch (see annotated Figs. 22a – f), configured for mating with a maneuvering wrench (see annotated Figs. 22a – f; see that the shape of the contoured notch is set forth as claimed thus satisfies the functional claim of being able to be mated with a maneuvering
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wrench).
Regarding claim 5, Dukhan/ Aravena et al. discloses the claimed invention substantially as set forth in claim 1 above. Dukhan further discloses the analogous device wherein said body (48 Figs. 20a – g) has a recess (52/58 Figs. 20 b and f) provided along an inner rim of said cavity (50 Figs. 20 b and f; see that elements 52/58 is provided along an inner rim of element 50), for facilitated introduction of the terminal portion (19 Fig. 23c) of the pin (1; see Figs. 23a – c).
Regarding claim 7, Dukhan/ Aravena et al. discloses the claimed invention substantially as set forth in claim 1 above. Dukhan further discloses the analogous device wherein at least said pin (1 Fig. 17) is configured to be coupled directly or indirectly to a maxillary bone tissue (8 Figs. 9 – 17), said pin having a threaded internal channel (10 Fig. 18h; paragraph 0041). Dukhan is silent regarding said first longitudinal segment of said release tool being insertable with play into said channel.
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Aravena et al. further teaches another embodiment of an analogous device wherein at least said pin (4A Figs. 1 and 3) is configured to be coupled directly or indirectly to a maxillary bone tissue (Col. 2 lines 58 – 65; the implant 4A (pin) is designed to be placed in the jawbone of a patient, which the examiner interprets to include maxillary bone tissue), said pin having a threaded internal channel (108 Figs. 1 and 3), said first longitudinal segment (127 Fig. 1) of said release tool (10A Fig. 1)being insertable with play into said channel (see cropped Figs. 2 and Fig. 3; see that the annotated first longitudinal segment is being insertable with play into said channel 108 of 4A; the annotated first longitudinal segment of element 10B is unthreaded and has a smaller diameter compared to the annotated second longitudinal segment of the shank of the release tool thus, allowing some movement of the annotated first longitudinal segment of element 10B within the said channel therefore helping guide the release tool (inserted with play) into said channel. The limitation as stated is functional thus, while Aravena et al. does not have to teach the device functioning as claimed, it clearly demonstrates that the device of Aravena et al. 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 Dukhan to be configured such that the first longitudinal segment of said release tool be insertable with play into said channel of the pin, as taught by Aravena et al. One of ordinary skill in the art would have been motivated to make this modification in order to effectively hold the abutment (including the substantially tubular body and retention ring) to the pin (implant 4A) thus, offering a sturdy dental implant arrangement, as suggested by Aravena et al.
Regarding claim 8, Dukhan/ Aravena et al. discloses the claimed invention substantially as set forth in claim 1 above. Dukhan further discloses the analogous device further comprising at least one safety screw (22 Figs. 10 – 11), which is configured to be inserted with play into said internal duct and configured to be screwed into said threaded internal channel of said pin (see Figs. 10 – 11; paragraphs 0041 – 0043; see that element 22 can be inserted with play into said cavity of element 48 given that the diameter of the shank of element 22 is smaller than the inner circumference of the internal duct which would allow for the movement of the screw through the said internal duct while guiding the screw through the internal duct, thus would satisfy the functional claim of the safety screw being inserted with play into said cavity).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dukhan (US 20140141388 A1) in view of Aravena et al. (US 6,244,867 B1)and further in view of Lee (KR 20230139058 A).
Dukhan/ Aravena et al. discloses the claimed invention substantially as set forth in claim 1 above. While Dukhan discloses a connection between said body and retention ring being shaped to prevent rotation (see that the patterns of the internal cavity (50 Fig. 20b) of element 48 is configured to be mated to the shape of the outer perimeters of the corresponding end of element 48 that fits into the internal cavity, 50 (see Figs. 19a – c), in a configuration that would limit the free rotation of element 48 withing the internal cavity, 50). However, Dukhan is silent regarding claim 6 wherein said body has a protrusion projecting from abounding wall of said internal duct, which is configured to be placed at said cut of said retention ring, when said retention ring is accommodated in said cavity, in order to contrast a rotation of said retention ring.
Lee teaches an analogous device (see Fig. 4) comprising a body with an internal duct which is open to the outside at a respective end, the first end defining a cavity, a retention element configured to be accommodated in the cavity, which is shaped complementarily. Lee further teaches the body having the protrusion and the retention ring as claimed in claim 6wherein said body (1220 Fig. 4) has a protrusion (1227 Fig. 8c) projecting from abounding wall of said internal duct (see Fig. 8c; element 1227 is projecting from the abounding wall of an internal duct (the cavity within element 1226)), which is configured to be placed at said cut (122a Fig. 4) of said retention ring (120 Fig. 4), when said retention ring is accommodated in said cavity, in order to contrast a rotation of said retention ring (see highlight 1 of the attached machine translation of KR-20230139058-A; A rounded rotation limiting protrusion 1227 may be formed on the inner peripheral surface of the mounting portion 1226. The rotation limiting protrusion 1227 engages with the rotation limiting groove 122a to prevent rotation of the implant 100).
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 Dukhan/ Aravena et al. to be configured wherein said body has a protrusion projecting from abounding wall of said internal duct, which is configured to be placed at said cut of said retention ring, when said retention ring is accommodated in said cavity, in order to contrast a rotation of said retention ring, as taught by Lee. One of ordinary skill in the art would have been motivated to make this modification in order to create a rotation prevention configuration that allows for a single desired orientation such that if only a single groove and protrusion is provided, only one orientation can be provided, as suggested by Lee. Further, one of ordinary skill in the art could be motivated by design preference as the groove/ protrusion arrangement of preventing rotation between two parts is a well-known design approach.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dukhan (US 20140141388 A1) in view of Aravena et al. (US 6,244,867 B1)and further in view of Fischler et al. (EP 2853228 A1).
Dukhan/ Aravena et al. discloses the claimed invention substantially as set forth in claim 1 above. Dukhan/ Aravena et al. is silent regarding the kit for dental applications further comprising at least one insertion device, provided with a rod with a tang, a transverse cross-section of said tang corresponding to a shape of said retention ring, which is configured to be fitted onto said tang for facilitated insertion into said cavity, said insertion device having, on an opposite side with respect to said tang, a tip with a shape that corresponds to said terminal portion of said pin.
Fischler et al. teaches an analogous insertion device (59 Fig. 13) provided with a rod (539 Fig. 13) with a tang (5649 Fig. 13), a transverse cross-section of said tang corresponding to a shape of said retention ring (17 Figs. 11 – 12, 14; paragraph 0055; By means of the convex curving of the radial outer surface of the insertion portion 5649 being adapted to the concave curved lamella portions 1127 of the retention insert 17), which is configured to be fitted onto said tang for facilitated insertion into said cavity (paragraph 0055; the retention ring (17 Fig. 14) is configured to be fitted onto said tang (5649 Fig. 14) for mounting and demounting element 17 to and from said cavity of said substantially tubular body (27 Figs. 16 – 18; see that element 27 is characterized by a cavity (not shown) to which element 17 is fitted as shown in Figs. 17 and 18)), said insertion device (59 Fig. 13) having, on an opposite side (529 Fig. 13) with respect to said tang, a tip (5229 Fig. 19) with a shape that corresponds to said terminal portion of said pin (see that the tip 5229 Fig. 19 of EP-2,853,228-A1is circular, similar to the said terminal portion of the pin (19 Figs. 18e of US-2014/0141388-A1)).
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 Dukhan/ Aravena et al. to be configured to further comprise at least one insertion device, provided with a rod with a tang, a transverse cross-section of said tang corresponding to a shape of said retention ring, which is configured to be fitted onto said tang for facilitated insertion into said cavity, said insertion device having, on an opposite side with respect to said tang, a tip with a shape that corresponds to said terminal portion of said pin, as taught by Fischler et al. One of ordinary skill in the art would have been motivated to make this modification in order to create a tool that can be used to sterilely deliver the retention ring into the cavity of an abutment or a connection device for a prothesis structure, as suggested Fischler et al.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dukhan (US 20140141388 A1) in view of Aravena et al. (US 6,244,867 B1) and further in view of Fischler (US 20230346523 A1).
Dukhan/ Chae et al. discloses the claimed invention substantially as set forth in claim 1 above. Dukhan/ Chae et al. is silent regarding claim 10 wherein said retention ring is made of polyether ether ketone.
Fischler teaches an analogous device (Fig. 1) comprising at least one substantially tubular body (5 Fig. 1) provided with an internal duct (311 Fig. 1) which is open to the outside at respective ends of said body (see paragraph 0090), said first end defining a cavity (54 Fig. 1) adapted to accommodate, in a coupling configuration, a terminal portion (21 Fig. 1) of a pin (2/8 Fig. 1) which is configured to be coupled, directly or indirectly, to a maxillary bone tissue (see paragraph 0025), and further comprising at least:
- a retention ring (3 Fig. 1), which has a radial cut and is configured to be accommodated in said cavity (see paragraph 0091), which is shaped complementarily (see Fig. 1), said retention ring being configured to allow introduction of the terminal portion of the pin into said cavity and to hinder the subsequent accidental egress of the terminal portion from said cavity (see Fig. 1 and paragraph 0092),
- a release tool (6 Fig. 3), comprising a shank having a first longitudinal segment (62 Fig. 3), which is terminal (see Fig. 3) and configured to be inserted with play into said duct, and a second longitudinal segment (the segment between elements 62 and 61; Fig. 3), which is threaded and is configured to engage a female thread provided along an internal wall of said duct. Fischler further teaches claim 6 wherein said retention ring (3 Fig. 1) is made of polyether ether ketone (see paragraphs 0017 and 0090).
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 retention ring of the device disclosed by Dukhan/Chae et al. to be made of polyether ether ketone, in order to provide an appropriate elasticity and rigidity to the retention ring, as taught and suggested by Fischler.
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.
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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
/HEIDI M EIDE/ Primary Examiner, Art Unit 3772
2/20/2026