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 .
Drawings
The drawings are objected to because in Figure 3 reference character 38 for the lower portion of retention screw is pointing to the top of the abutment; this should likely be reference character 48 for the upper end of the abutment.
The drawings are also objected to because in Figure 4 reference character 59 for the transversal surface of the abutment is pointing into the open space rather than to the surface; the lead line should be extended to contact the surface.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The title of the invention is not descriptive. Specifically, the title is directed to the flexible abutment, but the claims of the current application are directed to the retention assembly for use with a flexible abutment and dental implant. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Retention assembly for use with flexible abutment and dental implant.
The disclosure is objected to because of the following informalities:
The cross-reference to related applications paragraph should be updated to reflect the current status of application 17/424,000.
On page 19 line 9 "be" should be added before "adapted".
On page 22 line 27 "+" should be removed.
Appropriate correction is 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.
Claims 71-76 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.
Claims 71-73 recites “wherein the abutment chamber is at least partially filled with” a material. However, the abutment is not positively recited and the abutment chamber is defined with relation to the abutment channel extending through the abutment and how the members of the retention assembly are arranged within the abutment channel. Therefore it is not clear what structure is being claimed for the retention assembly in claims 71-73. For the sake of examination, the claims will be considered to require the first and second members can be configured with a space between the first and second member, and the space between the members may be occupied by another element.
Claims 74-76 are rejected for depending from claim 73.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 70-72, 84-86, 88, and 89 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Lierde (WO 2008/077443).
Regarding Claim 70, Van Lierde discloses a retention assembly (Figure 2; implant screw 25 and screw 35) for use in combination with a dental implant (implant 10) configured for implantation in an osseous structure and with an abutment (securing device 15, comprising lower part 20, upper part 30, and middle part 60; parts may be integral as in Figure 2 or separate as in Figures 10 and 11) having a lower portion engageable with the dental implant, an upper portion engageable with a dental prosthesis and a longitudinally extending abutment channel (Figure 2), the retention assembly comprising:
a first member (implant screw 25) and a second member (screw 35 or fixation pin 36) each positionable within the longitudinally extending abutment channel in a spaced apart relationship to define an abutment chamber therebetween (Figure 2 – gap between bottom of screw 35 and top of implant screw 25), the second member being configured to move downwardly relative to the first member when subjected to a loading force (downwardly is interpreted as towards the first member as matches the figures of the instant application; Figure 1 shows that the abutment is designed to move when subjected to a force and screw 35 being only attached to the upper part 30 and the implant screw 25 being only attached to the lower part 20 with a space between them in the middle means the screws are able to move with the movements in the abutment as shown in Figure 1, including the screws and associated abutment portions getting closer together as taught in the left most diagram of Figure 1) ;
wherein the first member is engageable with the lower portion of the abutment (implant screw 25 engages with lower part 20 of securing device 15), and the second member is fixedly engageable with the abutment in the upper portion thereof (screw 30 engages with upper part 30 of securing device 15 via screw threads).
Regarding Claim 71, Van Lierde discloses the retention assembly of claim 70 (as presented above), wherein the abutment chamber is at least partially filled with a compressible material (the space between implant screw 25 and screw 35 is the abutment chamber and it is filled with air, which is matter and therefore is a material, additionally air is compressible).
Regarding Claim 72, Van Lierde discloses the retention assembly of claim 70 (as presented above), wherein the abutment chamber is at least partially filled with a gas (the space between implant screw 25 and screw 35 is the abutment chamber and it is filled with air, which is a gas; no vacuum is formed in the space therefore there is gas in the form of air).
Regarding Claim 84, Van Lierde discloses the retention assembly of claim 70 (as presented above), wherein the first member is engageable with the lower portion of the abutment via threads (implant screw 25 has threads on the surface, in Figures 10 and 11 lower part 20 of securing device 15 is shown as having cooperating threads, therefore the first member is engageable with the lower portion of the abutment via threads at least during installation).
Regarding Claim 85, Van Lierde discloses the retention assembly of claim 70 (as presented above), wherein the second member is fixedly engageable with the upper portion of the abutment via threads (Figure 2 - screw 30 engages with upper part 30 of securing device 15 via screw threads).
Regarding Claim 86, Van Lierde discloses the retention assembly of claim 70 (as presented above), wherein the first member is further engageable with the dental implant (Figure 2 – implant screw 25 engages with dental implant via screw threads).
Regarding Claim 88, Van Lierde discloses the retention assembly of claim 70 (as presented above), wherein the first member (implant screw 25) and the second member (screw 35) are configured to allow a lateral rocking motion of the abutment relative to the dental implant (Figure 1 shows that lateral movement of the abutment is possible).
Regarding Claim 89, Van Lierde discloses a kit (Figure 2) comprising:
a dental implant (implant 10);
an abutment (securing device 15, comprising lower part 20, upper part 30, and middle part 60) comprising:
an abutment wall having an outer surface and an inner surface (wall of securing device 15, see annotated Figure 2 below), the inner surface defining a longitudinally extending abutment channel (center channel running vertically through securing device 15, see annotated Figure 2 below), the abutment wall comprising a flexural region (securing device 15) comprising a shoulder portion (middle part 60) and an abutment recess located below the shoulder portion when the abutment is in an upright position (lower part 20) , each one of the shoulder portion and the abutment recess extending along at least a portion of a circumference of the abutment wall (securing device 15, including middle part 60 and lower part 20, extends around the entire circumference of the abutment wall); and
a retention assembly (screw 35 and implant screw 25) as defined in claim 70 (as presented above).
PNG
media_image1.png
553
453
media_image1.png
Greyscale
Claims 70-72, 77-82, and 84-87 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Niznick (US 9,456,881).
Regarding Claim 70, Niznick discloses a retention assembly for use in combination with a dental implant (dental implant 101) configured for implantation in an osseous structure and with an abutment (angled abutment head 102A) having a lower portion engageable with the dental implant (Figures 5A, 5B), an upper portion engageable with a dental prosthesis (via attachment 20) and a longitudinally extending abutment channel (channel containing threaded screw 102B and abutment portion 102C), the retention assembly comprising:
a first member (screw 102B) and a second member (abutment portion 102C) each positionable within the longitudinally extending abutment channel in a spaced apart relationship to define an abutment chamber therebetween (Figure 5A and B, see annotated below), the second member being configured to move downwardly relative to the first member when subjected to a loading force (the second member is fully capable of moving downward towards the first member if the abutment, which is not positively recited but rather functionally recited, allows for such movement; there is a gap between the members as installed and nothing about the retention assembly would prevent such a movement);
wherein the first member is engageable with the lower portion of the abutment, and the second member is fixedly engageable with the abutment in the upper portion thereof (Figure 5A and B).
PNG
media_image2.png
467
677
media_image2.png
Greyscale
Regarding Claim 71, Niznick discloses the retention assembly of claim 70 (as presented above), wherein the abutment chamber is at least partially filled with a compressible material (the space between screw 102B and abutment portion 102C is the abutment chamber and it is filled with air, which is matter and therefore is a material; additionally air is compressible).
Regarding Claim 72, Niznick discloses the retention assembly of claim 70 (as presented above), wherein the abutment chamber is at least partially filled with a gas (the space between screw 102B and abutment portion 102C is the abutment chamber and it is filled with air, which is a gas; no vacuum is formed in the space therefore there is gas in the form of air).
Regarding Claim 77, Niznick discloses the retention assembly of claim 70 (as presented above), wherein the second member (abutment portion 102C) comprises a downwardly extending wall defining a receiving channel (see annotated Figure 5B below) to receive at least a portion of the first member therein (top of screw 102B shown as being accommodated within receiving channel).
PNG
media_image3.png
467
480
media_image3.png
Greyscale
Regarding Claim 78, Niznick discloses the retention assembly of claim 77 (as presented above), wherein the at least a portion of the first member and the second member together define a space in an upper portion of the receiving channel when the at least a portion of the first member is received within the receiving channel (Figure 5B).
Regarding Claim 79, Niznick discloses the retention assembly of claim 77 (as presented above), wherein a lower end of the downwardly extending wall is configured to abut a transversal surface of the abutment within the longitudinally extending abutment channel to limit a downward vertical movement of the second member when the loading force is above a given threshold (Figure 5B shows that the downwardly extending wall of abutment 102C would run into a transversal surface of the abutment channel; the loading force is a functional limitation and the abutment 102C is fully capable of performing this function with the threshold of the loading force determined by the functionally claimed abutment).
Regarding Claim 80, Niznick discloses the retention assembly of claim 79 (as presented above), wherein the lower end of the downwardly extending wall has a complimentary shape relative to the transverse surface of the abutment against which the lower end abuts (Figure 5B).
Regarding Claim 81, Niznick discloses the retention assembly of claim 78 (as presented above), wherein the space is at least partially filled with a compressible material (the space in the receiving channel between screw 102B and abutment portion 102C is the abutment chamber and it is filled with air, which is matter and therefore is a material; additionally air is compressible).
Regarding Claim 82, Niznick discloses the retention assembly of claim 78 (as presented above), wherein the space is at least partially filled with a gas (the space between screw 102B and abutment portion 102C is the abutment chamber and it is filled with air, which is a gas; no vacuum is formed in the space therefore there is gas in the form of air).
Regarding Claim 84, Niznick discloses the retention assembly of claim 70 (as presented above), wherein the first member is engageable with the lower portion of the abutment via threads (Figures 5A and B).
Regarding Claim 85, Niznick discloses the retention assembly of claim 70 (as presented above), wherein the second member is fixedly engageable with the upper portion of the abutment via threads (Figures 5A and B).
Regarding Claim 86, Niznick discloses the retention assembly of claim 70 (as presented above), wherein the first member is further engageable with the dental implant (Figures 5A and B shows screw 102B cooperating via threads with dental implant 101).
Regarding Claim 87, Niznick discloses the retention assembly of claim 70 (as presented above), wherein at least one of the first member and the second member is sized and configured to allow the abutment to move in a selected direction while minimizing movement of the abutment in another direction (screw 102B and abutment 102C fill the entire width of the abutment channel and the screw 102B extends to within abutment 102C, therefore they are sized such that they allow vertical movement of the abutment depending on the gap left between them during installation but minimize the lateral movement of the abutment because the members would run into each other where the screw 102B extends into abutment 102C).
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 73-76 are rejected under 35 U.S.C. 103 as being unpatentable over Van Lierde (WO 2008/077443) as applied to claim 70 above, and further in view of Lin (US 2019/0053880, filed July 18, 2018).
Regarding Claim 73, Van Lierde teaches the retention assembly of claim 70, as presented above. In some embodiments, Van Lierde does teach the second member having an extension (distal tip 38) that limits compression of the abutment (page 11 lines 25-28), but does not explicitly teach a separate stopper in the abutment chamber between the first and second members.
However, Lin, in the same field of endeavor of dental implants, abutments, and retention assemblies that allow for absorbing impact force (abstract, Figures 2 and 3A), teaches an assembly (Figures 2 and 3A) extending through a longitudinally extending abutment channel (channel running through implant-abutment junction portion 30) that includes an upper member (T-shaped element with enlarged portion interior to IAJ portion 30 and narrow portion with threads attached to upper abutment 20) that defines an abutment chamber with a top surface of the implant (Figure 2 - chamber comprising space 70 and partially filled by second cushion 40; Figure 3 – chamber filled by second cushion 40 and soft membrane 80), wherein the abutment chamber is at least partially filled with a stopper (second cushion 40) positioned between the implant and the upper member (Figures 2 and 3A). Ju teaches this elastic stopper to provide a resistance force when the abutment is pressed to move relatively toward said base and provide a bouncing back force when the abutment is released (¶ 0009; 0037).
Therefore 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 assembly as taught by Van Lierde to further include the stopper or cushion between the upper and lower members (or the first and second members) as taught by Ju in order to provide additional resistance to compressive forces and a “bouncing back force” to return the assembly to its original position before the force was applied.
Regarding Claim 74, Van Lierde and Lin teach the retention assembly of claim 73, as presented above. Lin further teaches wherein second member and the stopper together define a space (space 70, Figure 2) therebetween to enable the second member to move downwardly until the stopper is reached (Figure 2).
Regarding Claim 75, Van Lierde and Lin teach the retention assembly of claim 73, as presented above. Lin further teaches wherein the stopper is configured to abut a transversal surface to limit a downward vertical movement of the second member when the loading force is above a given threshold (Figures 1-3b show that the second cushion 40 will limit downward movement of the T-shaped connection to the upper abutment 20). Whether the stopper abuts a transversal surface of the longitudinally extending abutment channel or abuts the top of the first member would depend on the shape of the abutment channel which is part of the abutment and is functionally recites. The stopper is fully capable of abutting a transversal surface of the longitudinally extending abutment channel if such a surface is present.
Regarding Claim 76, Van Lierde and Lin teach the retention assembly of claim 73, as presented above. Lin further teaches wherein the stopper includes a first layer of compressible material in an upper portion thereof, and a second layer of a different compressible material in a lower portion thereof, a compressibility of the first layer of compressible material and the second layer of compressible material being different (¶ 0053 teaches that second cushion 40 can have 2 layers of different elastic materials with different compressive moduli).
Claim 83 is rejected under 35 U.S.C. 103 as being unpatentable over Niznick (US 9,456,881) as applied to claim 77 above, and further in view of Robertson (WO 2014/053850).
Regarding Claim 83, Niznick discloses the retention assembly of claim 77, as presented above. Niznick does not explicitly teach a lubricant layer.
However, Robertson, in the same field of endeavor of movable connectors for dental implants (page 1 lines 5-10), teaches that when components of a connector will move, it is beneficial for them to be lubricated (page 11 lines 27-31; page 22 lines 7-14), including containing a layer of lubricating fluid around components (page 22 lines 7-14).
Therefore 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 assembly as taught by Niznick to include a lubricating layer as taught by Robertson to reduce the friction between any moving surfaces. Even if the retention assembly is installed in an abutment wherein the abutment is not configured to enable movement, a lubricating layer may still be useful during the installation process for any pieces that are screwed together to get as tight as fit as possible and it would be easiest to apply a lubricant to the whole screws therefore resulting in a lubricant layer between the downward extending wall and the first member after installation is complete.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
KR 20050089916 A teaches coating screws for dental implants with lubricating surfaces (such as gold or Teflon) in order to reduce the coefficient of friction and increase the locking force to prevent subsequent loosening of screws.
Merriam Webster definition of material:
(1): the elements, constituents, or substances of which something is composed or can be made
(2): matter that has qualities which give it individuality and by which it may be categorized.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jennifer P. Connell whose telephone number is (703)756-1169. The examiner can normally be reached Monday - Friday 9 am - 3 pm ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571)270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JENNIFER P CONNELL/Examiner, Art Unit 3772
/HEIDI M EIDE/Primary Examiner, Art Unit 3772
6/1/2026
Prosecution Insights