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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-7 are provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 12350124.
Although the claims at issue are not identical, they are not patentably distinct from each other because of the following reasons:
It is clear that all the elements of claim 1 in the immediate application are found in claim 1 of the Patent No. 12350124, as analyzed below. The claims are not identical; however, “A transepithelial abutment for the attachment of prosthesis with a dental implant, comprising: an upper body configured for attaching a dental prosthesis or dental device, the upper body comprising an upper base and a lower base, and a threaded opening extending between the lower base and the upper base of the upper body; a lower body configured to connect with the dental implant, the lower body comprising an upper base and a lower base and an inner housing between the upper base and the lower base of the lower body, said upper base of the lower body comprising a planar surface around an opening of the inner housing and the inner housing comprising a seating configured to receive a head of a screw, wherein a first lower segment of the inner housing of the lower body extends along a first axis and a second upper segment of said inner housing extends along a second axis forming an angle with respect to said first axis and being perpendicular to the upper base of said lower body; and a screw inside the inner housing of the lower body with a head of the screw located above the seating; wherein the upper body is integrally coupled with the lower body, with the lower base of the upper body introduced and permanently attached in the opening of the inner housing of the lower body, thereby forming a single device in which where the screw is held captive by contact with both the upper boy and the lower body, such that movement of the screw within the inner housing of the lower body is restricted by the upper body and an internal seating for the screw in the inner housing”; would have been obvious over the transepithelial abutment cited in the Patent No. 12350124.
The difference between the claims of the immediate application and the claims of the Patent No. 12350124 lies in the fact that the claims of the Patent No. 12350124 include many more elements, thus is much more specific. Thus, the invention of the Patent No. 12350124 is in effect a “species” of the “generic” invention of the immediate application. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since the claims in the immediate application are anticipated by the claims of the Patent No. 12350124, therefore, the immediate application is not patentably distinct from the claims of the Patent No. 12350124.
Claim 1 is rejected with respect to claim 1 of the Patent No. 12350124.
Claim 2 is rejected with respect to claim 2 of the Patent No. 12350124.
Claim 3 is rejected with respect to claim 3 of the Patent No. 12350124.
Claim 4 is rejected with respect to claim 4 of the Patent No. 12350124.
Claim 5 is rejected with respect to claim 5 of the Patent No. 12350124.
Claim 6 is rejected with respect to claim 6 of the Patent No. 12350124.
Claim 7 is rejected with respect to claim 7 of the Patent No. 12350124.
Claim Rejections - 35 USC § 103
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 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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C.
103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or
nonobviousness.
Claim(s) 1 and 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shalom (US 20100330529 A1) in view of Yoon (KR 20110115895 A), see the translation attached in the PTO 892 form.
Regarding claim 1, Shalom discloses transepithelial abutment for the attachment of prosthesis with a dental implant (Figure 1 and Abstract), comprising: an upper body (110) configured for attaching a dental prosthesis or dental device (140), the upper body (110) comprising an upper base and a lower base (Annotated Figure 1, below), and a threaded opening (121) extending between the lower base and the upper base of the upper body (110); a lower body (100) configured to connect with the dental implant (139), the lower body comprising an upper base and a lower base and an inner housing between the upper base and the lower base of the lower body (100), said upper base of the lower body comprising a planar surface (119) around an opening of the inner housing and the inner housing comprising a seating configured to receive a head of a screw (Annotated Figures 1 and 2, below), wherein a first lower segment of the inner housing of the lower body (100) extends along a first axis and a second upper segment of said inner housing extends along a second axis forming an angle with respect to said first axis and being perpendicular to the upper base of said lower body (Annotated Figures 1 and 2); and a screw inside the inner housing of the lower body with a head of the screw located above the seating (Figure 2); wherein the upper body is integrally coupled with the lower body (couple via threaded connection [0024]), with the lower base of the upper body introduced and permanently attached in the opening of the inner housing of the lower body (Figure 2), thereby forming a single device. Shalom fails to disclose “where the screw is held captive by contact with both the upper body and the lower body”.
Yoon discloses transepithelial abutment for the attachment of prosthesis with a dental implant (Figure 1 and Abstract), comprising: an upper body (150 with 130), the upper body comprising an upper base (154) and a lower base (130); a lower body (140) configured to connect with the dental implant (110), the lower body comprising an upper base (149) and a lower base (144) and an inner housing (148) between the upper base and the lower base of the lower body (110), and the inner housing comprising a seating configured to receive a head (118) of a screw (120) (page 3), where the screw is held captive by contact with both the upper body (130) and the lower body (140, see Figure 3). Therefore, it would have been obvious to one of ordinary skills in the art, before the effective filing date of the application, to modify Shalom’s transepithelial abutment to make the screw is held captive by contact with both the upper body and the lower body, since such modification would further secure the screw in the seating structure.
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Regarding claim 3, Shalom and Yoon discloses wherein the upper body has a rotational or anti-rotational outer configuration (Shalom: Annotated Figure 1).
Regarding claim 4, Shalom and Yoon discloses wherein a lower geometry of the lower body has an outer configuration adapted to the implant in which it will be installed (Shalom: e.g., have a shoulder 129 in the form of a truncated cone fitting into a part of the socket of the dental implant [0016]).
Regarding claim 5, Shalom and Yoon discloses wherein the angle between the first and second axes is more than 0° (Shalom: it could be 17.degree. and 30.degree [0018]).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shalom in view of Yoon, further in view of Zipprich (US 20190247153 A1).
Regarding claim 2, Shalom and Yoon fail to specifically disclose “wherein the planar surface of the upper base of the lower body has a constant width”.
Zipprich teaches transepithelial abutment for the attachment of prosthesis with a dental implant (Figure 1 and Abstract), comprising: an upper body (46) configured for attaching a dental prosthesis or dental device (48); a lower body (42) configured to connect with the dental implant (6), the lower body comprising an upper base (44) which comprises a planar surface (58), wherein the planar surface (58) of the upper base (44) of the lower body (42) has a constant width ([0053]). Therefore, it would have been obvious to one of ordinary skills in the art, before the effective filing date of the application, to modify Shalom/Yoon’s planar surface to make it comprise a constant width, since such modification would make it a strong base structure to support the upper body and any additional dental prosthesis or dental device.
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shalom, in view of Yoon, in view of Fromovich (US 20120322030 A1).
Regarding claims 6-7, Shalom and Yoon fail to disclose “wherein the angle between the first and the second axes is between 0° and 45°” and “wherein the angle between the first and the second axes is between 5° and 45°.
Fromovich discloses a transepithelial abutment for the attachment of prosthesis with a dental implant (e.g. Figures 1-4 and Abstract), comprising: an upper body (2) configured for attaching a dental prosthesis or dental device (20), the upper body comprising an upper base (13) and a lower base (11), and an opening (Annotated Figure 3, below) extending between the lower base and the upper base of the upper body (2); a lower body (3) configured to connect with the dental implant (4), the lower body comprising an upper base (6) and a lower base (19) and an inner housing (5A) between the upper base (6) and the lower base (19) of the lower body (3), said upper base (6) of the lower body (3) comprising a planar surface (7) around an opening of the inner housing (5A) and the inner housing comprising a seating (Annotated Figure 4, below) configured to receive a head of a screw, wherein a first lower segment of the inner housing (5A) of the lower body (3) extends along a first axis and a second upper segment of said inner housing extends along a second axis forming an angle with respect to said first axis and being perpendicular to the upper base of said lower body (Annotated Figure 4); and a screw inside the inner housing (5A) of the lower body (3) with a head of the screw located above the seating (Annotated Figure 4); wherein the upper body is integrally coupled with the lower body (couple via threaded connection [0044]), with the lower base (11) of the upper body (2) introduced and permanently attached in the opening of the inner housing (5A) of the lower body (3), thereby forming a single device in which where the screw is held captive by contact with both the upper boy and the lower body, such that movement of the screw within the inner housing of the lower body is restricted by the upper body and an internal seating for the screw in the inner housing. The Examiner notes that once the upper body is coupled to the lower body with the screw inside the housing, the screw is held captive, with the internal seating and the upper body as the boundaries that restrict further move of the screw.
Fromovich discloses wherein the angle between the first and the second axes is between 0° and 45° and wherein the angle between the first and the second axes is between 5° and 45° ([0008]). Therefore, it would have been obvious to one of ordinary skills in the art, before the effective filing date of the application, to modify Shalom/Yoon’s angle to make it between 10° and 45°, as taught by Fromovich, since such modification would aid on offsetting a tilt angle of a dental implant, when implanted at a tilt ([0013]).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUIS MIGUEL RUIZ MARTIN whose telephone number is (571)270-0839. The examiner can normally be reached M-F 8 Am - 5 PM (EST).
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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.
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/LUIS RUIZ MARTIN/
Examiner, Art Unit 3772 /ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
