DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Abstract
2. Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words. It is important that the abstract not exceed 150 words in length since the space provided for the abstract on the computer tape used by the printer is limited. The form and legal phraseology often used in patent claims, such as "means" and "said," should be avoided. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, "The disclosure concerns," "The disclosure defined by this invention," "The disclosure describes," etc.
3. The abstract of the disclosure is objected to because: it currently contains phrase(s) which can be implied, e.g. "Proposed is" (line 1); and it is one run-on sentence that appear to be in a claim format. Correction is required. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 112
4. 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.
5. Claims 1-11 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.
Claim 1 recites “An abutment for a dental implant coupled to a fixture for a dental implant” (line 1). It is unclear whether the first instance of “a dental implant” and “the second instance of “a dental implant” refer to the same or different element(s). It is also unclear whether it is the “abutment” or the “dental implant” that is “coupled to a fixture”.
Claim 2 recites “the upper end of the inner coffin” (line 3); the limitation “the upper end” lacks sufficient antecedent basis in the claim(s).
Claim 3 recites “a predetermined section” (line 2); it is unclear whether such element is the same or different from “a predetermined section” previously defined in claim 2.
Claim 4 recites: “a free end portion of an upper end of a plurality of segments formed by the plurality of slit portions is elastically deformable, and a fastening protrusion portion protruding outward more than an outer diameter directly below is provided on an outer surface of the upper end of the plurality of segments” (lines 1-4), which is confusing and indefinite.
It is unclear whether it is the free end portion, the upper end, the plurality of segments, or the plurality of slit portions, that is elastically deformable.
It is unclear whether “a plurality of segments” is the same or different from “the plurality of slit portions”.
The recitation “an upper end of a plurality of segments” (line 1) is indefinite because it is unclear whether there is an (i.e. one) upper end for each or for all of the plurality of segments.
The recitation “a fastening protrusion protruding outward more than an outer diameter directly below is provided on an outer surface…” is indefinite because it is unclear that “an outer diameter directly below” of what element(s) or what reference point?
Claim 5 recites “through elastic coupling” (line 5) and “an elastic coupling structure” (line 8); it is unclear whether such two recitations refer to the same or different element(s).
Claim 5 recites “a slit portion structure formed in the inner coffin” (line 9); it is unclear whether such “slit portion structure” is the same or different from “a slit portion formed through the outer surface of the inner coffin” previously defined in the base claim 2.
All dependent claims are rejected herein based on dependency. Note that the above list of issues of indefiniteness is non-exhaustive. All claims 1-11 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. Applicant is required to review all claims and correct all issues of indefiniteness in the claims and to conform with current U.S. practice.
Claim Rejections - 35 USC § 102
6. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
7. Claims 1-7 and 11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sapian (US 2006/0014120).
Regarding claim 1, Sapian discloses an abutment 20/28/72 (Fig. 8) for a dental implant coupled to a fixture for a dental implant implanted in an alveolar bone, the abutment comprising:
an inner coffin (abutment 20-1) which has a first/lower end 70 coupled to the fixture 1 and has an axial hole (central of splines 22) formed to extend downward from an upper end surface of a second/upper end thereof (Fig. 8);
an outer coffin (cap 28) coupled to an outer surface 26 of an upper portion of the inner coffin 20-1 (Fig. 8); and
an occlusal force buffer (screw 72) which is provided with an occlusal force buffering portion 78/80/84 along a longitudinal direction thereof, and is inserted through an axial opening 30 formed on an upper end surface of the outer coffin 28 to be disposed within the axial hole of the inner coffin 20-1 (see Fig. 8; ¶0040]-¶0045]);
As to claims 2-3, a slit portion 22 formed through the outer surface 26 of the inner coffin 20-1 to the axial hole is formed to extend continuously over a predetermined section from the upper end of the inner coffin 20-1; wherein the slit portion 22 includes a plurality of slit portions (helical grooves 26 and slots between flexible splines 22) formed helically (due to grooves 26) over a predetermined section (see Fig. 8).
As to claim 4, a free end portion (top ridge 24) of an upper end of a plurality of segments 22 formed by the plurality of slit portions is elastically deformable, and a fastening protrusion portion (crest of groove 26) protruding outward more than an outer diameter (groove 26) directly below is provided on an outer surface of the upper end of the plurality of segments 22 (see Fig. 8).
As to claim 5, the fastening protrusion portion (groove 26) is formed on the outer surface of the upper end of the plurality of segments of the inner coffin 20-1; and a corresponding fastening groove portion (best shown by reference numeral 108 in Fig. 10) is formed on an inner surface of an upper portion of the axial opening of the outer coffin 28, so that the outer coffin 28 is coupled to the outer surface of the upper portion of the inner coffin 20-1 through elastic coupling of the fastening protrusion portion (groove 26) to the corresponding fastening groove portion via the elastic deformation (Fig. 8, ¶0041] “Locking grooves 26 are formed around the splines 22 so as to better grip the elastomeric cap 28”; Fig. 10, ¶0049] “Locking grooves 108 are formed around the splines 104 by which to improve the grip of an elastomeric cap 114”).
And as a result, a vertical or lateral occlusal force transmitted through the outer coffin is buffered by an elastic coupling structure between the inner coffin 20-1 and the outer coffin 28 or by a slit portion structure 22 formed in the inner coffin (abstract; ¶0035] “the elastomeric cap 28 will provide a resilient or cushion interface to minimize the transfer of shock”; ¶0045] “a pushing force against the flexible splines 22 of abutment 20-1. The receipt of the flats 84 against the sloping ridges 24 will cause the flexible splines 22 to bend or rotate outwardly towards the elastomeric cap 28”).
As to claim 6, Sapian discloses the occlusal force buffer (screw 72) includes a head portion 76 having a polygonal recessed groove 82 formed on an upper end surface thereof, and a body portion 74/84 having the occlusal force buffering portion 74/78/80/84 formed below the head portion 76, wherein the occlusal force buffering portion 74/78/80/84 is formed as a slit portion (threads 74 and grooves 80) in the longitudinal direction of the body portion (Fig. 8). That is, threads 74 and grooves 80 are considered to be slits and therefore equivalent to the slit portion as claimed.
As to claim 7, Sapian disclose at least the slit portion formed of threads 74 is formed as a helical slit portion structure over a predetermined section so as to form the body portion into a plurality of helical segments, i.e. threads 74 are essentially a plurality of helical segments.
As to claim 11, Sapian discloses the outer coffin (cap 28) is formed of elastomeric material and thereby forms a fastening position-specifying recess portion (elastomeric gripping surface of passage 30) which is inwardly recessed is additionally formed on an inner surface of the axial opening 30 of the outer coffin 28 and specifies and guides a fastening position of the outer coffin 28 with respect to the inner coffin 20-1 (Fig. 8; ¶0031] “locking grooves 26 around the splines 22 of abutment 20 will create a gripping surface with the cap 28 to prevent the inadvertent removal of cap 28”). Also see Fig. 10 which shows the outer coffin/cap forms the elastomeric gripping interface 108 with inner coffin; such elastomeric gripping interface 108 is considered to be equivalent to the fastening positioning-specifying recess portion as claimed.
Allowable Subject Matter
8. Claims 8-10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner HAO D. MAI whose telephone number is (571)270-3002. The examiner can normally be reached on Mon-Fri 8:00-4:30. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached on (571) 270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Hao D Mai/
Examiner, Art Unit 3772
Prosecution Insights