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 .
Election/Restrictions
Applicant’s election without traverse of Group I, Species B and Sub-Species i in the reply filed on 07/02/2026 is acknowledged.
Accordingly, claims 4,5,15 and 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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 1-3, 10-14 and 22-25 are rejected under 35 U.S.C. 102a1 as being anticipated by Wade (US RE43,470).
Wade discloses a coping (46) for producing an impression at implant level or at the level of an implant insert in relation to implant already placed, or for use as a temporary attachment (Figs. 9-12; wherein the coping has a substantially cylindrical post with a passage opening for at lest one axial fastening screw (58) (Figs. 10,11); wherein along the cylindrical post at least three radial widenings (Figs. 9-12, also see reproduced figure below); between which at least two narrowings (Figs. 9-12); wherein the apical end of the coping has at least one bearing surface (46) for bearing against corresponding bearing surface of an implant or against at least one corresponding bearing surface on an implant insert which is arranged between the coping and implant (Figs. 9-12); and wherein a provision is made in the at least two narrowings of the coping that is capable of being at least one predetermined breaking point (see reproduced figure below); wherein the coping has more than 3 radial widenings including identical radial widenings with respective narrowings therebetween (see figure below); wherein the coping is made of a metallic material, in particular titanium (column 12, lines 30-35); wherein the passage bore has a narrowing that is provided as a stop for a corresponding narrowing of the fastening screw (Figs. 10,11); wherein the provisions that are capable of defining predetermined breaking points is capable of being suitable for shortening of the coping by hand or a gripping tool.
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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 6-9,16,17 and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Wade in view of Niznick (US 4,758,161).
Wade discloses the invention substantially as claimed except for wherein the breaking point is formed of a depression, the various ranges of dimensions of the breaking points and the various claimed shapes of groove (i.e rectangular, triangle, etc.).
Niznick teaches a dental coping with a cylindrical portions having breaking points formed in grooves in the form of a depression (12,13) (Fig. 1) in order to shorten its lengths as necessary to fit within a passage of a dental implant (column 2, lines 1-5); and wherein the breaking points are semi-circular shape (Fig. 1). It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Niznick to include the breaking points with a depression, as taught by Niznick, since such a modification is well known for modifying the size of a dental coping to accommodate a dental implant. Furthermore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Wade/Niznick to include the various claimed ranges of the breaking point dimensions, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See In re Aller, 105 USPQ 233. Finally, it would have been obvious to one having ordinary skill in the art to modify the grooves to include the various claimed shapes, since it has been held that a mere change in shape involves routine skill in the art. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO -892 Form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNIL K SINGH whose telephone number is (571)272-3460. The examiner can normally be reached M-F 9:00AM - 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marivelisse Santiago-Cordero can be reached at 571-272-7839. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNIL K SINGH/Supervisory Patent Examiner, Art Unit 3722
