Obviousness — US Patent 10036154

Obviousness Analysis under 35 U.S.C. § 103 for US Patent 10036154

This analysis considers the obviousness of US Patent 10036154, "Urinal anti-splash device," under 35 U.S.C. § 103, by identifying combinations of prior art references that would render the claims obvious to a person having ordinary skill in the art (POSA) at the time of the invention (priority date: November 3, 2016). The analysis will focus on independent claims 1, 11, and 18.

Framework for Obviousness Analysis

To establish obviousness, four factors are considered, as set forth in Graham v. John Deere Co.:

The scope and content of the prior art.
Differences between the prior art and the claims at issue.
The level of ordinary skill in the pertinent art.
Secondary considerations of non-obviousness (e.g., commercial success, long-felt but unsolved needs, failure of others).

For this analysis, we will focus on the first two factors and the motivation to combine prior art, assuming a POSA in the field of sanitary plumbing fixtures and accessories.

The problem addressed by US10036154 is preventing urine from splashing onto a user when deposited on a urinal wall or toward a urinal drain, providing a device that conforms to various urinal types, and offering features like odor neutralization and aesthetic indicators. The patent explicitly notes shortcomings of existing devices, such as plastic mesh guards failing to reduce splash and potentially increasing it, and rigid urinal screens failing to conform to various urinal shapes.

Prior Art References for Obviousness

The Google Patents page for US10036154 lists several cited prior art patents. For this analysis, U.S. Patent No. 8,856,977 to Ramirez ("Ramirez") and U.S. Patent No. 8,056,153 to Ruedas ("Ruedas") are particularly relevant, as they were also cited in the PTAB IPR2025-01339 filing against US10036154.

U.S. Patent No. 8,856,977 (Ramirez): Urinal splash guard employing flexible bristles
- This patent discloses an anti-splash urinal device placed within a urinal. It features a main body positioned against the rear surface of the urinal and a base covering the drain area. The main body and base are shown in an L-shaped configuration, inherently meaning the base extends substantially perpendicularly from the main body. The device includes a plurality of flexible bristles extending from both the main body and the base. The bristles can have a conical or tapered shape.
U.S. Patent No. 8,056,153 (Ruedas): Multipurpose urinal attachment
- This patent describes a main body for attachment to a urinal wall and a removable urinal screen for placement over a urinal drain. Both the main body and the urinal screen may include projections for reducing splash. It also includes a mechanism for removably attaching the urinal screen to the main body.

Obviousness Analysis of Independent Claims

Independent Claim 1

Claim 1: A urinal anti-splash device comprising: an anti-splash body sized and shaped to couple to at least a portion of a urinal, the anti-splash body including: a first portion; a second portion opposite the first portion; a length extending from the first portion to the second portion; and an upper surface extending the length; a base couplable to the first portion and configured to extend in a direction substantially perpendicular from the first portion; a first plurality of protrusions extending outwardly from the upper surface of the anti-splash body and which taper downwardly in a direction toward the upper surface of the anti-splash body; and a second plurality of protrusions extending outwardly from the base, the second plurality of protrusions configured to extend in the direction substantially perpendicular from the first portion of the anti-splash body.

Analysis over Ramirez (US8856977B2):
Ramirez directly teaches all the elements of Claim 1:

Anti-splash body sized and shaped to couple to at least a portion of a urinal, including first/second portions, length, and upper surface: Ramirez's main body 12 is placed against the rear surface 16 of a urinal and has flexible bristles (protrusions) extending from it, which serves as the upper surface. The concept of a length extending between first and second portions is inherent in an elongated body designed for a urinal wall.
Base couplable to the first portion and configured to extend in a direction substantially perpendicular from the first portion: Ramirez's base 14 covers the drain area 18 of the urinal while the main body 12 is against the rear wall, forming an L-shaped configuration. This arrangement inherently means the base extends substantially perpendicularly from the main body (the first portion).
First plurality of protrusions extending outwardly from the upper surface of the anti-splash body and which taper downwardly: Ramirez explicitly teaches flexible bristles 20 extending from the main body 12, and states these bristles "can have a conical or tapered shape". "Downwardly" would be the natural orientation for splash-reducing protrusions in a urinal.
Second plurality of protrusions extending outwardly from the base, the second plurality of protrusions configured to extend in the direction substantially perpendicular from the first portion of the anti-splash body: Ramirez also teaches flexible bristles 20 extending from the base 14. Since the base itself is oriented substantially perpendicular to the main body, protrusions extending outwardly from this base would naturally extend in a direction substantially perpendicular from the first portion of the anti-splash body.

Conclusion for Claim 1: Claim 1 is rendered obvious by Ramirez (US8856977B2) alone, as it teaches every element of the claim.

Independent Claim 11

Claim 11: A urinal anti-splash device comprising: an anti-splash body configured to couple to a urinal wall, the anti-splash body including a first portion, a second portion opposite the first portion, and a longitudinal length separating the first portion from the second portion; a base couplable to the first portion of the anti-splash body, the base sized and shaped to cover at least a portion of a urinal drain; a coupling region configured to translate the base between a first position including the base oriented in a direction parallel to the anti-splash body and a second position including the base oriented in a direction substantially perpendicular from the base; and a plurality of protrusions coupled to the anti-splash body and the base.

Analysis over Ramirez (US8856977B2) in view of general knowledge:

Anti-splash body...protrusions: Taught by Ramirez's main body 12 and bristles 20.
Base couplable to first portion...to cover urinal drain...protrusions: Taught by Ramirez's base 14 covering the drain area 18 and bristles 20.
Coupling region configured to translate the base between a first position including the base oriented in a direction parallel to the anti-splash body and a second position including the base oriented in a direction substantially perpendicular from the base: Ramirez shows the device in its deployed, perpendicular configuration. However, it does not explicitly teach a coupling region that allows translation from a parallel (e.g., flat-packed) position to a perpendicular (e.g., in-use) position.

Motivation to combine/modify:
A person having ordinary skill in the art (POSA) would be motivated to modify the L-shaped urinal splash guard of Ramirez to allow for a parallel storage/shipping configuration and a perpendicular deployed configuration. The background of US10036154 itself highlights the need for devices that "conform to various types of urinals" and notes that "rigid material may fail to conform" (para). It also mentions that the invention's device "may be made from a single mold, effectively reducing the costs associated with making the urinal anti-splash device" (para). Manufacturing a single piece from a mold (implying a flat form) that can then be bent into an L-shape for use would be a clear design choice for improved manufacturability, reduced shipping volume, and adaptability. The use of a flexible material (as described in US10036154, e.g., DuPont Elvax®250, PVC plastic) and a perforated line or score (described in US10036154 as "perforated coupling region 204" for bending or separating the base) (para,) to achieve such translation is a well-known engineering technique for converting a 2D manufactured part into a 3D functional product.

Therefore, a POSA, starting with the functional L-shaped design of Ramirez and seeking to improve manufacturing efficiency, packaging, and adaptability, would have been motivated to provide a flexible material for the device and incorporate a coupling region (e.g., a perforated hinge or score line) that allows the base to be translated from a parallel position (for storage/shipping) to the desired substantially perpendicular position (for deployment in a urinal).

Conclusion for Claim 11: Claim 11 is rendered obvious by Ramirez (US8856977B2) in combination with general engineering knowledge regarding the use of flexible materials and perforated regions for manufacturing, packaging, and adapting products that require a 3D configuration from a planar state.

Independent Claim 18

Claim 18: A method of mounting a urinal anti-splash device within a urinal comprising: providing a urinal anti-splash device including: an anti-splash body sized and shaped to couple to at least a portion of a urinal, the anti-splash body including: a first portion; a second portion opposite the first portion; a longitudinal length extending from the first portion to the second portion; and an upper surface extending the longitudinal length; a base couplable to the first portion and configured to extend in a direction substantially perpendicular from the first portion; a coupling region disposed between the first portion of the anti-splash body and the base, the coupling region configured to allow the base to be moved from being substantially parallel to the anti-splash body in a first position to a second position substantially perpendicular to the anti-splash body; a first plurality of protrusions extending outwardly from the upper surface of the anti-splash body; and a second plurality of protrusions extending outwardly from the base, the second plurality of protrusions configured to extend in the direction substantially perpendicular from the first portion of the anti-splash body; mounting the anti-splash body within a back wall of a urinal; and placing the base over a urinal screen.

Analysis over Ramirez (US8856977B2) in view of general knowledge:

Providing a urinal anti-splash device: The device itself, as described in Claim 18, is essentially the same as that analyzed for Claim 11, which is rendered obvious by Ramirez in combination with general engineering knowledge.
Mounting the anti-splash body within a back wall of a urinal: Ramirez explicitly teaches this step, stating that the main body 12 "is shown placed against the rear surface 16 of the urinal". This is a conventional method of installation.
Placing the base over a urinal screen: Ramirez also explicitly teaches this step, stating that the base 14 "is shown covering the drain area 18 of the urinal". Urinal drains typically incorporate a screen, so placing the base over the drain area is equivalent to placing it over a urinal screen.

Motivation for the method:
The motivation to provide such a device (with the bendable/separable base) stems from the desire for easier manufacturing, packaging, and adaptability, as discussed for Claim 11. Once such a device is provided, the steps of mounting the anti-splash body to the back wall and placing the base over the urinal screen are inherent in the intended function and deployment of such an L-shaped urinal splash guard. A POSA installing such a device would naturally perform these steps, as clearly taught by Ramirez.

Conclusion for Claim 18: The method of Claim 18 is rendered obvious by the combination of Ramirez (US8856977B2) and general engineering knowledge regarding flexible materials and perforated lines for manufacturability and adaptability, combined with Ramirez's explicit teaching of the installation steps for a urinal splash guard.