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 following claim(s) is/are objected to because of the following informalities:
In claim 2, “The heating device according to the preceding claim” should be changed to “The heating device according to 1,”
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.
Claim(s) 2, 5, and 8 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.
Claims 2 and 8 recite the limitation “its length” in line 3, which is unclear if this is referring to the length of the body or the length of the adapter.
Claim 5 recites the limitation “the adapter” which lacks a prior antecedent.
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) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fontein (US 20210137639 A1) in view of Baeten (US 20190142700 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).
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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.
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.
Regarding claim 2
Fontein in view of Baeten discloses the heating device according to claim 1.
Fontein further discloses 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”) 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).
Regarding claim 3
Fontein in view of Baeten 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 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 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 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 (a radiation in the near infrared region for heating, [0128 middle]) 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 (30),
the at least one light emitting diode (34, Fig 2) emits 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).
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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.
However, Baeten teaches at least one light emitting diode (photon emitters 21a, Figs 17-19, [0199]) having at least one optics (collimator surface 29a, 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 7
Fontein in view of Baeten 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 8 which are both portable and table top device, using in a dentist office, [0001]), and
wherein preferably (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 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”) 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).
Regarding claim 9
Fontein in view of Baeten discloses the heating device according to claim 1.
Fontein further discloses a system for applying dental material (Fig 5 shows a dispensing of dental material 20), comprising the heating device of claim 1 and a container (compule 10 [0137]) housing a dental material (20).
Regarding claim 10
Fontein in view of Baeten discloses the heating device according to claim 9.
Fontein further discloses wherein the container (compule 10, Fig 2) includes a chamber (cavity 12) for housing the dental material (20), a dispensing nozzle (application tip 16, [0118]) connected to the chamber (12) for dispensing the dental material (Fig 5) and a piston (18, [0118 middle]) arranged in the chamber (12) for urging the dental material toward the dispensing nozzle (Fig 5 shows the piston 18 urging dental material 20 out of the dispensing nozzle 16).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Fishman (US 20050048436 A1) teaches a handpiece having lights to cure a composite material
Leiner (US 20200121419 A1) teaches an oven for a dental material
Friedman (US 7015423 B2) teaches a heating device
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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/Thuyhang N Nguyen/Examiner, Art Unit 3761
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