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 .
Response to Arguments
Applicant's arguments filed 06/24/206 have been fully considered but they are not persuasive.
Applicant asserts that the sleeve 66 is not configured to hinder the subsequent accidental egress of the wall 19 of the pin 1 from the cavity 50 of the abatement member 48, contrary to Applicant's claim 1 (said retention ring being configured...to hinder the subsequent accidental egress of the terminal portion from said cavity). Instead, Dukhan teaches that the function of hindering the egress of the wall 19 of the pin 1 from the cavity 50 of the abatement member 48 is provided by the dental screw 82 (Figures 22 a-f and paragraphs [0058]-[0060]).
Examiner respectfully disagrees with the applicant’s assertion. Dukhan clearly discloses the bottom section 70 of element 66 mating with the hexagonal shaped side walls of the cavity of the pin (1 Fig. 23) and element 72 of element 66 ultimately contacts the conical side walls of element 1 (pin) perfectly, such that bottom section 70 of element 66 remains in cavity 21 of element 1. Thus, it is the examiner’s interpretation that element 66 of Dukhan meets the claim requirement as it is mated to the hexagonal features of element 1 which clearly would prevent movements and further has a feature that ensures that the bottom section remains within the cavity of element 1.
Applicant’s arguments with respect to claim(s) 1-10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Also, the amendment of claim 1 to include the new limitation: “wherein said release tool is configured to uncouple said at least one substantially tubular body from said pin from said coupling configuration” changes the scope of the claim, thus necessitating new search, new interpretation of the prior art, and subsequently, new grounds of rejection.
Applicant’s argument regarding claim(s) 6,9, and 10 have been considered but are moot because the amendment of claim 1, upon which they are dependent, necessitates new grounds of rejection thus claim(s) 6,9, and 10 would be examined to include such.
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, 2, 4-5, and 7 – 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dukhan (US 20140141388 A1) in view Bellanca et al. (US 20130004916 A1) (hereafter, “Bellanca”).
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 at least one substantially tubular body (see Fig. 20 a – g; paragraph 0052; element 48 has a through opening and open at respective ends), a first end of said at least one substantially tubular body (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:
- at least one 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),
Dukhan does not disclose a release tool, comprising a shank having a first longitudinal segment, which is terminal and configured to be inserted with play into said internal duct, and a second longitudinal segment, which is threaded and is configured to engage a female thread provided along an internal wall of said internal duct wherein said release tool is configured to uncouple said at least one substantially tubular body from said pin from said coupling configuration.
Bellanca teaches an analogous kit for dental applications (100 Fig. 1), comprising at least one substantially tubular body (110 Fig. 1, 10A-E and 11B) provided with an internal duct (1008/1020 Fig. 10C). Bellanca further teaches a release tool (112 Fig. 1) comprising a shank (elements 906/910/912/904 makes a shank for element 112; Fig. 9B) having a first longitudinal segment (904 Fig. 9B), which is terminal and configured to be inserted with play into said internal duct ([0078]: element 910 of element 112 engages element 1020 of 110 thus element 904 of 112 must be inserted with play into 1008 of element 110 such that it is not held back or stopped therefore allowing for element 910 to engage element 1020), and a second longitudinal segment (908 Fig. 9B), which is threaded (910 Fig. 9B; [0074]) and is configured to engage a female thread (1020 Fig. 10C) provided along an internal wall of said internal duct (see Fig. 10C; [0078]: The exterior threads 910 of the thread section 908 engage the interior threaded surface 1020 of the abutment removal insert tool 110) wherein said release tool is configured to uncouple said at least one substantially tubular body from said pin from said coupling configuration (see Fig. 11C: element 110 can be coupled to the pin (102) via engagement with element 104. ([0053]: the abutment removal insert tool 110 is used in conjunction with the removal tool screw 112 to remove the abutment 104 without displacing and or rotating the implant 102 ).
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 kit for dental applications 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 internal duct and a threaded second longitudinal segment configured to engage a female thread provided along an internal wall of said internal duct, wherein said release tool is configured to uncouple said at least one substantially tubular body from said pin from said coupling configuration, as taught by Bellanca, in order to provide a kit for dental applications that allows for the removal of an abutment without damaging or displacing the dental implant.
Regarding claim 2, Dukhan as modified by Bellanca discloses the claimed invention substantially as set forth in claim 1 above. Dukhan further discloses the analogous device, wherein said at least one substantially tubular body comprises a plurality of substantially tubular bodies and wherein said at least one retention ring comprises a plurality of retention rings (see Fig. 17; paragraph 0028).
Regarding claim 4, Dukhan as modified by Bellanca discloses the claimed invention substantially as set forth in claim 1 above. Dukhan does not disclose that the said shank has a third longitudinal segment, which is terminal and opposite to said first longitudinal segment and is constituted by a hand grip which is configured to be grasped by a user and is separated from said second longitudinal segment by a fourth segment.
Bellanca further teaches an analogous kit for dental applications, wherein said shank (112 Fig. 11C) has a third longitudinal segment (see annotated Fig. 11C), which is terminal and opposite to said first longitudinal segment (see annotated Fig. 11C) and is constituted by a hand grip ([0074]: The proximal end 902 includes a grip section 906 that includes a ridged outer surface that allows a grip for turning the abutment removal tool screw 112; note that the device illustrated in Fig. 11C is an embodiment of the device in Figs. 9A-C ([0077])) which is configured to be grasped by a user and is separated from said second longitudinal segment by a fourth segment (see annotated Fig. 11C).
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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 shank of the kit of dental applications of Dukhan to be configured such that the third longitudinal segment of said shank is constituted by a hand grip which is configured to be grasped by a user and is separated from said second longitudinal segment by a fourth segment, as taught Bellanca, in order to provide a device comprising an abutment removal tool with a grip for effectively turning the abutment removal tool screw [0074].
Regarding claim 5, Dukhan as modified by Bellanca discloses the claimed invention substantially as set forth in claim 1 above. Dukhan further discloses the analogous device wherein said at least one substantially tubular 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 as modified by Bellanca 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 threaded internal channel.
Bellanca further teaches the first longitudinal segment (904 Fig. 9B) of said release tool (112 Fig. 9B) being insertable with play into said threaded internal channel (222 Fig. 2C) (see Figs. 1; the first longitudinal segment (904 Fig. 9B) of element 112 is unthreaded and has a smaller diameter compared to the second longitudinal segment of the shank of the release tool thus, allowing some movement of the first longitudinal segment of element 112 within the said threaded internal channel therefore helping guide the release tool (inserted with play) into said channel. The limitation as stated is functional thus, while Bellanca does not have to teach the device functioning as claimed, it clearly demonstrates that the device of Bellanca 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 threaded internal channel of the pin, as taught by Bellanca, order to provide a kit for dental applications that allows for the removal of an abutment without damaging or displacing the dental implant.
Regarding claim 8, Dukhan as modified by Bellanca discloses the claimed invention substantially as set forth in claim 7 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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dukhan (US 20140141388 A1) in view of Bellanca et al. (US 20130004916 A1) (hereafter, “Bellanca”) and further in view of (JP 2000504593 A).
Dukhan as modified by Bellanca discloses the claimed invention substantially as set forth in claim 1 above. Dukhan as modified by Bellanca does not disclose that said shank has a third longitudinal segment, which is terminal and opposite to said first longitudinal segment which is constituted by an enlarged head, and a contoured notch, configured for mating with a maneuvering wrench.
(JP 2000504593 A) discloses an analogous device (Fig. 2) comprising a substantially tubular body (40 Fig. 2), a pin (10 Fig. 2), and a release tool (50 Fig. 2) comprising a shank (see annotated Fig. 2). (JP 2000504593 A) further teaches that said shank has a third longitudinal segment (53/58 Fig. 2), which is terminal and opposite to said first longitudinal segment which is constituted by an enlarged head (53 Fig. 2; Page 4: The upper die 50 has a wide head portion 53…), and a contoured notch (56 Fig. 2), configured for mating with a maneuvering wrench
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(page 5: The wide head portion 53 includes a wrench socket 56…).
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/Bellanca to be configured such that said shank has a third longitudinal segment, which is terminal and opposite to said first longitudinal segment which is constituted by an enlarged head, and a contoured notch, configured for mating with a maneuvering wrench, as taught by (JP 2000504593 A), in order to facilitate the tightening of the shank to the device.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dukhan (US 20140141388 A1) in view of Bellanca et al. (US 20130004916 A1) (hereafter, “Bellanca”) and further in view of Lee (KR 20230139058 A).
Dukhan as modified by Bellanca discloses the claimed invention substantially as set forth in claim 1 above. While Dukhan discloses a connection between said at least one substantially tubular 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 at least one substantially tubular body has a protrusion projecting from abounding wall of said internal duct, which is configured to be placed at said radial 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 6, wherein said at least one substantially tubular 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 radial 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/Bellanca to be configured wherein said at least one substantially tubular body has a protrusion projecting from abounding wall of said internal duct, which is configured to be placed at said radial 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 Bellanca et al. (US 20130004916 A1) (hereafter, “Bellanca”) and further in view of Fischler et al. (EP 2853228 A1).
Dukhan as modified by Bellanca discloses the claimed invention substantially as set forth in claim 1 above. Dukhan/Bellanca 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/Bellanca 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 Bellanca et al. (US 20130004916 A1) (hereafter, “Bellanca”) and further in view of Fischler (US 20230346523 A1).
Dukhan as modified by Bellanca discloses the claimed invention substantially as set forth in claim 1 above. Dukhan/ Bellanca 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/ Bellanca 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
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