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 .
DETAILED ACTION
Claim Objections
The manner of making amendments of claims is not in accordance with 37 CFR 1.121 (c)(2) When claim text with markings is required. All claims being currently amended in an amendment paper shall be presented in the claim listing, indicate a status of "currently amended," and be submitted with markings to indicate the changes that have been made relative to the immediate prior version of the claims. The text of any added subject matter must be shown by underlining the added text. The text of any deleted matter must be shown by strike-through except that double brackets placed before and after the deleted characters may be used to show deletion of five or fewer consecutive characters.
In claim 9, the added subject matter must be underlined.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are:
“heating a curable dental material housed in a container by means of at least one light emitting diode” in claim 9, because there is sufficient structure which is at least one light emitting diode.
“determining the temperature of an outer surface of the container housing the curable dental material by means of the sensor” in claim 9, because there is sufficient structure which is the sensor.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
Claim(s) 1 and 3-10 is/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 line 10 recite the limitation “along its length” in line 3, which is unclear if this is referring to the length of the body or the length of the adapter. During examination, this is interpreted to be the length of the adapter.
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 and 3-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fontein (US 20210137639 A1) in view of Baeten (US 20190142700 A1) and Friedman (US 20190008610 A1).
Regarding claim 1
Fontein discloses a heating device (applicator 30, Fig 2, [0123 top]) for heating a dental material (intended use, also see Abstract), the heating device comprising:
a body (body of applicator 30) having an opening (opening in the middle of the applicator 30 to receive compule 10, annotated in Fig 2) formed therein configured to at least partially receive a container (compule 10) housing the dental material (dental material 20, [0126 bottom]) to be heated (heating of the dental material in step 140, Fig 7, [0149]),
at least one light emitting diode (infrared LEDs 34, Fig 2, [0123 bottom]) configured to emit infrared light having a wavelength in the range of 500 nm-2000 nm (a radiation in the near infrared region for heating, with a wavelength of 800 to 1000 nm, [0128 middle]), preferably in the range of 800 nm-1500 nm (“preferably” is interpreted to be optional and not required by the claim, also see [0128]), onto an outer surface (14, Fig 1, annotated in Fig 2) of the container (10) housing the dental material (20) once received in the opening (opening of applicator 30) of the body of the heating device (30),
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an adapter (Fig 6 shows an outer layer 14” being an additional outer layer that comprises the thermochromic material, [0140 bottom]) with a length L (length of the outer layer/adapter 14”) and being at least partially received within the opening of the body (adapter 14” received within the opening of the body 10 in Fig 5) along its length L (adapter 14” is received along the length of the opening of the body) and having a wall defining a receptacle (outer layer/adapter 14” having a wall defined as a receptacle for housing the cavity 12 within) configured to removably (outer later/adapter 14” can be a lacquer, [0141], which is removable since a lacquer is a coating) receive the container (10) housing the dental material to be heated (dental material within container 10 to be heated, [0139 top]), wherein the at least one light emitting diode (34 Fig 3) is arranged outside of the adapter and along its length L (LED 34 arranged outside of and along the length of adapter 14” in Figs 3 and 6) and wherein the adapter (outer layer/adapter 14”) is, at least in sections, at least partially transmissive for infrared light along the length L (Fig 3 shows that the infrared light of LED 34 transmits through the layer 14 into the dental material 20, thus outer layer/adapter 14” in Fig 6 is at least partially transmissive).
Fontein is silent on at least one temperature sensor configured to determine a temperature of the outer surface of the container once received in the opening, and
a controller having a control circuitry configured to communicate with the temperature sensor and the at least one light emitting diode and to control the temperature of the outer surface of the container based on the temperature of the outer surface of the container determined by the temperature sensor by controlling the amount of infrared light emitted by the at least one light emitting diode wherein the temperature sensor is either a contactless temperature sensor configured to detect infrared energy emitted by the container, or a contact temperature sensor configured to contact the outer surface of the container in order to determine the temperature of the outer surface of the container.
However, Baeten teaches a heating device using a light emitting diode (photon energy emission sources such as LED, [0111 top], LED 21, Fig 31, [0196]) for heating a dental material (compule 8, [0196 middle]), the heating device comprising:
at least one temperature sensor (sensor 20, Fig 31, [0196 top]) configured to determine a temperature of the outer surface of the container (outer surface of compule 8) once received in the heating device (to minimize the negative impacts of excessive or undesirable temperatures occurring to the dental materials, the device includes temperature sensor to monitor the temperature of the dental material within the tool/wand during the application of photon energy and determine when the object is at a desired temperature, [0102 top],
this indicates that the sensor 20 is a temperature sensor mounted on an outer surface of container/compule 8, Fig 31), and
a controller (control loop feedback system, Fig 37, [0102, 0103 top]) having a control circuitry (main PCB, printed circuit board, Fig 37) configured to communicate with the temperature sensor (sensors, Fig 37) and the at least one light emitting diode (photon emitters) and to control the temperature of the outer surface of the container based on the temperature of the outer surface of the container determined by the temperature sensor (maintain the desired temperature without reaching undesirable temperatures which can have a negative impact on the dental material, [0103 middle], this indicates that the temperature of the compule 8 is monitored to ensure that the compule does not overheat) by controlling the amount of infrared light emitted by the at least one light emitting diode (control loop feedback to adjust power to the photon energy source accordingly to account for required power and on time to reach a desired temperature, [0103 middle], this indicates that the power of the LED/photon energy source is adjusted to ensure that the compule 8 reaches and remains at a desired temperature, measured by temperature sensor 20).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to add at least one temperature sensor and a controller, taught by Baeten, to control the light emitting diode of the device in Fontein, such that the temperature sensor is configured to determine a temperature of the outer surface of the container once received in the opening, and the controller having a control circuitry configured to communicate with the temperature sensor and the at least one light emitting diode and to control the temperature of the outer surface of the container based on the temperature of the outer surface of the container determined by the temperature sensor by controlling the amount of infrared light emitted by the at least one light emitting diode, as suggested and taught by Baeten,
because this arrangement ensures that the dental material reaches a desired temperature without overheating which is potentially harmful.
Fontein in view of Baeten is silent on wherein the temperature sensor is either a contactless temperature sensor configured to detect infrared energy emitted by the container, or a contact temperature sensor configured to contact the outer surface of the container in order to determine the temperature of the outer surface of the container.
However, Friedman teaches a contact temperature sensor (thermocouple 13 may act as a temperature monitoring sensor, Fig 2, [0033 top]) configured to contact the outer surface of the container (outer surface of container compule 1) in order to determine the temperature of the outer surface of the container (thermocouple 13 may monitor compule 1 temperature, 0033 top).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to use the contact temperature sensor taught by Friedman in the heating device in Fontein in view of Baeten, because all the claimed elements were known in the prior art (a contact temperature sensor in a heating device) and one skilled in the art could have combined the elements as claimed by known methods (mount the sensor onto the outer surface of the container housing the dental material) with no change in their respective functions (to measure the temperature of the dental material), and the combination yielded nothing more than predictable results to one of ordinary skill in the art. KSR, 550 U.S. at 416, 82 USPQ2d at 1395.
Regarding claim 3
Fontein in view of Baeten and Friedman discloses the heating device according to claim 1.
Fontein in view of Baeten further discloses wherein the controller (Baeten discloses controller being a control loop feedback system, Fig 37, [0102, 0103 top]) is configured to control the amount of infrared light emitted by the at least one light emitting diode by controlling a current (interpreted to be a power) provided to the at least one light emitting diode (another sensor can be used to determine how absorbing the object is and adjust power, i.e. current, to the photon energy source accordingly to account for the required power and on time to reach a desired temperature, [0103 middle]).
Regarding claim 4
Fontein in view of Baeten and Friedman discloses the heating device according to claim 1.
Fontein further discloses the at least one light emitting diode (34, Fig 2) onto the outer surface (14 Fig 1) of the container (10) housing the dental material (20) once received in the opening of the body (opening of body 10).
Fontein is silent on at least one optics configured and positioned to focus the infrared light emitted by the at least one light emitting diode.
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However, Baeten teaches at least one light emitting diode (photon emitters 21a, Figs 17-19, [0199]) having at least one optics (top portion of collimator surface 29a is interpreted to be the optics for guiding the light emitted by LEDS 32a-b-c, annotated in Fig 17, [200 middle]) configured and positioned to focus the infrared light emitted by the at least one light emitting diode (collimator surface 29a to direct the light and/or photons out of the collimator body or device housing 30 where desired through a lens 29b, [0200 bottom]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to form the light emitting diode in Fontein to have a housing being an at least one optics configured and positioned to focus the infrared light emitted by the at least one light emitting diode, as suggested and taught by Baeten, because this configuration allows for an improved illumination of the photon energy ([0198 middle]).
Regarding claim 5
Fontein in view of Baeten and Friedman discloses the heating device according to claim 4.
Fontein in view of Baeten further discloses wherein the at least one optics (Baeten teaches top portion of collimator surface 29a is interpreted to be the optics for guiding the light emitted by LEDS 32a-b-c, annotated in Fig 17, [200 middle]) is integrally formed on the adapter (bottom portion of collimator surface 29a is interpreted to be an adapter for adapting to the housing 30 in Fig 17) such that the at least one optics and the adapter constitute a one-piece component made of the same material (top and bottom portion of collimator surface 29a is a one-piece component and made of the same material).
Regarding claim 6
Fontein in view of Baeten and Friedman discloses a heating device according to claim 1.
Fontein further discloses a system for applying a curable dental material (compule 10 containing the curable dental material 20, Fig 2, [0122]), the system further comprising a container (10) housing a curable dental material (20).
Regarding claim 7
Fontein in view of Baeten and Friedman discloses the heating device according to claim 6.
Fontein further discloses wherein the heating device is configured as a portable table top device (applicator 30 connects to compule 10 which are both portable and table top device, using in a dentist office, [0001]), and
wherein preferably (“preferably” is interpreted as optional and not required by the claim) the opening a extends into the body by a length of less than 20 cm, preferably less than 16 cm, more preferably less than 14 cm, more preferably less than 10 cm.
Regarding claim 8
Fontein in view of Baeten discloses the heating device according to claim 6.
Fontein further discloses wherein the container (10 Fig 5) includes a chamber for housing the curable dental material (material 20 inside a chamber of container 5), a dispensing nozzle (nozzle annotated in Fig 5) connected to the chamber for dispensing the dental material (material 20 dispensed from nozzle in Fig 5) and a piston (32) arranged in the chamber for urging the curable dental material toward the dispensing nozzle (piston 32 inside the chamber to urge material 20 out of the nozzle).
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Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fontein in view of Friedman.
Regarding claim 9
Fontein discloses a method for controlling the temperature of a curable dental material (infrared LEDs 34, Fig 2, [0123 bottom], for heating the dental material 20 in step 140, Fig 7, [0149]), including the steps:
a) heating a curable dental material (dental material 20, [0126 bottom]) housed in a container (compule 10) by means of at least one light emitting diode emitting infrared light (infrared LEDs 34, Fig 2, [0123 bottom]) onto an outer surface of the container (outer surface 14 of container compule 10) housing the curable dental material (20) using a tabletop assembly with a housing (applicator 30 being a standalone device, Fig 2, [0123 top], interpreted to be a tabletop assembly, the applicator 30 having a housing) with an opening (opening in the middle of the applicator 30 to receive compule 10, annotated in Fig 2) to receive the container (10).
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Fontein is silent on the assembly further comprising a temperature sensor and a controller;
b) determining the temperature of an outer surface of the container housing the curable dental material by means of the sensor;
c) comparing the determined temperature with a target temperature of the heated curable dental material; and
d) the controller adjusting the amount of infrared light emitted by the light emitting diode based on the comparison of the determined temperature with the target temperature.
However, Friedman teaches a method of controlling a temperature of a curable dental material (Fig 1, [0001]) comprising a temperature sensor (thermocouple 13 may act as a temperature monitoring sensor, Fig 1, [0033 top]) and a controller (microprocessor control circuit or controller 25, [0033 top]);
b) determining the temperature of an outer surface of the container housing the curable dental material by means of the sensor (sensor 13 mounted to the housing of compule 1 to determine the temperature of compule, Fig 2);
c) comparing the determined temperature with a target temperature of the heated curable dental material (current may be applied to compule 1 until a certain temperature, e.g., 155 degrees, is reached, [0033 bottom], this indicates that the sensor 13 determines the actual temperature of the compule 1 while current is applying to heat up the compule until a target temperature of 155 degrees is reached); and
d) the controller adjusting the amount of infrared light emitted by the light emitting diode based on the comparison of the determined temperature with the target temperature (when the determined temperature reaches the target temperature of 155 degrees, the controller turned off the current until the determined temperature of the compule falls to a certain level before heating is resumed, [0033 bottom], this indicates that the controller adjusts the amount of infrared light emitted by the LED by turning it off when the target temperature is reached).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to add a sensor and a controller, taught by Friedman, to the assembly in Fontein to perform the steps of b) determining the temperature of an outer surface of the container housing the curable dental material by means of the sensor;
c) comparing the determined temperature with a target temperature of the heated curable dental material; and
d) the controller adjusting the amount of infrared light emitted by the light emitting diode based on the comparison of the determined temperature with the target temperature,
because this allows for precise control of the temperature of the compule to ensure that the compule is at an optimal temperature for disposition as well as to prevent overheating.
Regarding claim 10
Fontein in view of Friedman discloses the heating device according to claim 9.
Fontein further discloses wherein the target temperature of the heated curable dental material is based on a predetermined target viscosity of the heated curable dental material (Friedman teaches a method to assist with extruding a highly viscous material from a compule by heating the material prior to, [0003], where this material is heated to a target temperature e.g. 155 degrees, [0033 bottom], this indicates that the target temperature is based on how viscous the curable dental material should be, i.e. predetermined target viscosity, in order to be successfully dispensed and placed on a patient).
Response to Arguments
Applicant's arguments filed on 07/01/2026 have been fully considered but they are not persuasive.Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Applicant argues that neither Fontein, Baeten or any combination of the two references teaches a dental material heating device in amended claims 1 and 3-10, without pointing out which limitations in which claims are not taught by the prior arts.
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 Thuyhang Nguyen whose telephone number is (571)272-5317. The examiner can normally be reached Monday-Friday 8am-5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward F. Landrum can be reached at (571) 272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Thuyhang N Nguyen/Examiner, Art Unit 3761
