Patent 12011329
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
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Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
To analyze the obviousness of US patent 12011329 under 35 U.S.C. § 103, we need to identify combinations of prior art references that would render the claims obvious and explain the motivation for combining them. For this task, I will refer to the "Prior art citations" section of the patent itself, as this is the most direct source of prior art considered during the patent's examination.
The prior art listed in the "Patent Citations" section of US12011329B2 includes a significant number of patents, some dating back to the 19th century, covering various dental devices such as saliva ejectors, dental appliances, mouth props, tongue depressors, and intraoral illumination devices. For the purpose of an obviousness analysis, we look for references that, when combined, would teach all the elements of the claims, and a person having ordinary skill in the art (PHOSITA) would have been motivated to combine them. A PHOSITA is presumed to be aware of all the pertinent prior art.
Let's consider the independent claims and identify potential combinations of prior art.
General Principles for Obviousness:
For a claim to be obvious, there must be a reason for a PHOSITA to combine prior art references, or modify a prior art reference, to arrive at the claimed invention. This reason can include:
- A suggestion, teaching, or motivation in the prior art to combine the references.
- A suggestion, teaching, or motivation to modify one reference with the teachings of another.
- Common sense and ordinary creativity of a PHOSITA.
- Predictable results from combining known elements.
Prior Art References (Selected examples from the patent's "Patent Citations" section):
- US3924333A (Erickson): "Dental appliance" - Often relates to mouthpieces and retractors.
- US4167814A (Schubert): "Mouth prop and oral evacuation device" - Directly addresses mouth props and suction.
- US5037298A (Hickham): "Apparatus and improved process for removing saliva while retracting cheeks and lips" - Relevant to saliva removal and cheek retraction.
- US5588836A (Op-D-Op, Inc.): "Mouth prop and tongue deflector apparatus" - Addresses mouth props and tongue control.
- US5890899A (Intellitech Corporation): "Dental isolator" - General intraoral isolation device.
- US20030134253A1 (Innerlite, Inc.): "Intraoral device" - A family member cited by examiner that is particularly relevant. This reference (and its numerous related patents/applications by Innerlite) often describe intraoral devices with suction, illumination, and bite block features.
- US8911232B2 (Incept, Inc.): "Intraoral dental suction and isolation system" - This is a parent patent, indicating a close relationship and likely sharing many features.
- US9788924B2 (Dryshield, Llc): "Intraoral device with bridge" - Specifically mentions a bridge, a key feature of US12011329.
- US11744686B2 (Solmetex, ILC): "Intraoral device" - Another parent patent.
Obviousness Analysis of Claim 1:
Claim 1: A mouthpiece comprising: a main body having a first end opposite a second end that is narrower than the first end, the main body comprising: a first wall having a plurality of first edges and extending from the first end to the second end, a second wall having a plurality of second edges and located at a distance from the first wall, the distance corresponding to an interior space between the first wall and the second wall, wherein the second wall also extends from the first end to the second end, a connecting wall that connects one of the first edges of the first wall to one of the second edges of the second wall across the distance between the first wall and the second wall, and a bridge structure that includes a plurality of spaced protrusions protruding from an interior surface of the second wall, the bridge structure extending across the distance between the first wall and the second wall through the interior space towards the first wall; and a cheek-retractor portion connected to the narrower second end of the main body portion and expanding outwardly away from the second narrower end, the first wall and the second wall of the main body transitioning into and being connected in the cheek-retractor portion to form the cheek-retractor portion, wherein the first wall and the second wall of the main body portion that transition into the cheek-retractor portion are spaced apart from each other for a distance within the cheek-retractor portion before being connected at the cheek-retractor portion.
Proposed Combination: US9788924B2 (Dryshield, Llc) in view of US3924333A (Erickson) or US5037298A (Hickham).
US9788924B2 ("Intraoral device with bridge"): This patent, explicitly titled "Intraoral device with bridge," would likely teach the main body with first and second walls, an interior space, and a bridge structure with protrusions extending between the walls. The abstract of US12011329 itself describes the "main body portion, cheek retractor portion, and suction connector portion" and mentions that the main body "may further include an protruding bridge structure on the interior surface of the posterior wall," which "provides a plurality of contact points with the anterior wall to keep the anterior wall separated from the posterior wall during suction." This strongly suggests that US9788924B2 (a family member with "bridge" in its title and cited by the examiner) would disclose this core "bridge structure" element.
Motivation to Combine: A PHOSITA would be motivated to combine the bridge structure of US9788924B2 with a known mouthpiece structure to ensure proper separation of the walls during suction, a common problem in oral evacuation devices. Many prior art references, like US3924333A (Erickson) and US5037298A (Hickham), teach general dental appliances or apparatus for removing saliva while retracting cheeks and lips. It would be obvious to incorporate a bridge structure, as taught by US9788924B2, into these existing mouthpiece designs to improve the efficiency and prevent collapse of the suction channel, especially when dealing with flexible materials, as noted in the present patent's description. The concept of a main body tapering and having a cheek-retractor portion expanding outwardly is also well-known in the art of dental mouthpieces (e.g., US5037298A). The description of US12011329 notes that "the mouthpiece may be bent when placed in a patient's mouth to conform to the shape of the mouth," implying flexibility, which would make the separation function of a bridge structure even more desirable.
Remaining elements of Claim 1:
- Main body tapering: The description of US12011329 mentions "Much of the main body portion 110 of the mouthpiece may be shaped as a straight-line arrowhead or shield whose base generally conforms to the intraoral shape of a patient's mouth." This tapering from a wider first end to a narrower second end is a common design feature in dental devices to fit into the oral cavity. US3924333A or similar general dental appliance patents would likely show varying widths in their mouthpiece designs.
- Cheek-retractor portion connected to narrower end and expanding outwardly: The function of a cheek retractor is well-known (e.g., US5037298A). The specific connection to a narrower end and outward expansion would be a design choice for optimal patient comfort and retraction, evident in numerous prior art cheek retractors (e.g., US4822278A).
- Walls of main body transitioning into and being spaced apart within the cheek-retractor portion: Many dental retractors and mouthpieces are designed with continuous walls to maintain isolation and facilitate suction. Maintaining a spaced-apart configuration within the cheek retractor portion before connection would be a predictable design choice to ensure continued flow for suction or simply for structural integrity, particularly if the entire device is molded as one piece, as disclosed in US12011329. The description states, "the main body portion, cheek retractor portion, and suction connector portion (and sub-portions thereof) may be molded in one piece, preferably by injection molding."
Therefore, combining the bridge structure from US9788924B2 with the general teachings of a dental mouthpiece with cheek retraction and saliva evacuation (e.g., US3924333A, US5037298A, or US5588836A) would render Claim 1 obvious. A PHOSITA would be motivated to combine these features to create a more effective and stable intraoral device with improved suction capabilities and consistent oral isolation.
Obviousness Analysis of Claim 9:
Claim 9: An isolation mouthpiece for use with a suction system in a dental procedure, the mouthpiece comprising: a main body portion having a first end and a second end, the main body portion including: a first wall having a first edge and a second edge extending from the first end of the main body portion towards the second end of the main body portion, the first wall including a first plurality of perforations formed adjacent to and extending along a portion of the first edge and a second plurality of perforations formed adjacent to and extending along a portion of the second edge, a second wall having a third edge and a fourth edge extending from the first end of the main body portion towards the second end of the main body portion, the second wall including a third plurality of perforations formed adjacent to and extending along a portion of the third edge, and a fourth plurality of perforations formed adjacent to and extending along a portion of the fourth edge, wherein the second wall further includes a plurality of protrusions extending from an interior surface of the second wall towards the first wall in a shape having one or more crests and one or more troughs, and a third wall connecting the first wall and the second wall such that the first wall is spaced from the second wall to define an inner cavity, wherein a portion of the first wall has a first width adjacent to the first end of the main body portion and a second width adjacent to the second end of the main body portion, wherein a portion of the second wall has a third width adjacent to the first end of the main body portion and a fourth width adjacent to the second end of the main body portion, wherein the first width is greater than the second width, and wherein the third width is greater than the fourth width; a suction connector portion extending from the first end of the main body portion, the suction connector portion including: a generally tubular conduit including: an opening extending through the conduit and in fluid communication with the inner cavity, the opening being configured to receive a vacuum portion of the suction system therein, and a cutout configured to engage a protrusion on the suction system to aid in coupling the mouthpiece to the suction system; a mouth prop including a first side and a second side that are inwardly tapered from a top surface of the mouth prop towards a bottom surface of the mouth prop, the first side and the second side each including a plurality of ridges; and a cheek retractor portion having a first cheek-retractor end coupled to the second end of the main body portion and a second cheek-retractor end, the first cheek-retractor end and the second cheek-retractor end each having rounded edges, wherein the first wall and the second wall of the main body portion that transition into the cheek-retractor portion are spaced apart from each other for a distance within the cheek-retractor portion before being connected to each other in the cheek-retractor portion.
Proposed Combination: US20030134253A1 (Innerlite, Inc.) in view of US9788924B2 (Dryshield, Llc) and US4167814A (Schubert) or US5588836A (Op-D-Op, Inc.).
US20030134253A1 (Innerlite, Inc.): This patent, and the broader Innerlite family, are frequently cited as prior art in this domain and often disclose comprehensive intraoral devices. It is highly likely to teach:
- A main body portion with first and second walls defining an inner cavity.
- Perforations on the walls for suction. The description of US12011329 states, "The main body portion 110 may include mesh or perforations 140". US20140212837A1, a patent family member titled "Intraoral device with mesh" is likely to disclose such perforations.
- A suction connector portion with a tubular conduit in fluid communication with the inner cavity for receiving a vacuum.
- A cheek retractor portion.
- General tapering of the main body for oral fit.
US9788924B2 (Dryshield, Llc): As discussed for Claim 1, this patent specifically teaches the "bridge structure" with protrusions (crests and troughs) for separating the walls during suction, which is a key element of Claim 9.
US4167814A (Schubert) or US5588836A (Op-D-Op, Inc.): These references specifically disclose "mouth prop and oral evacuation device" or "mouth prop and tongue deflector apparatus," and would teach the use of a mouth prop. The mouth prop features (inwardly tapered sides, ridges) are typical design elements to provide a comfortable and secure bite block. The current patent describes a "removable strap 310 may be attached to portion 320 of mouth prop 160, which may be used to prop open a patient's mouth and teeth." Such features would be common in mouth props.
Motivation to Combine: A PHOSITA would be motivated to combine these elements to create a more integrated and efficient dental isolation and suction system.
- Adding the bridge structure from US9788924B2 to an Innerlite-type device: Innerlite devices aim for isolation and suction, and adding a bridge structure would predictably enhance suction efficiency by preventing wall collapse, especially with flexible materials.
- Incorporating a mouth prop from Schubert or Op-D-Op into an Innerlite device: Innerlite devices often include a bite block function. Explicitly incorporating a well-designed mouth prop (like those with tapered sides and ridges for stability and comfort) into such a system would be an obvious improvement to further enhance patient comfort and provide stable jaw opening during dental procedures.
- Cutout for engaging a protrusion on the suction system: This interlocking feature is a standard engineering design for securely connecting two components. Given that dental suction systems are typically detachable, it would be an obvious design choice to include such a coupling mechanism. The description states that the cutout "may be shaped as a logo," which is an aesthetic choice and not a functional difference that would render the feature non-obvious.
- Walls transitioning into and being spaced apart within the cheek-retractor portion: As with Claim 1, this continuous design allowing for potential continued suction or structural integrity in the cheek retractor is a predictable engineering choice when designing a one-piece, flexible intraoral device.
Therefore, combining the comprehensive intraoral device features of US20030134253A1 (including perforated walls and suction capabilities), with the specific bridge structure of US9788924B2, and the known mouth prop designs of US4167814A or US5588836A, would render Claim 9 obvious.
Obviousness Analysis of Claim 21:
Claim 21: An isolation mouthpiece for use with a suction system in a dental procedure, the mouthpiece comprising: a main body portion having a first end and a second narrower end that is narrower than the first end, the main body portion including: a first wall having first and second edges extending from the first end towards the second narrower end of the main body portion, the first wall having a first-wall width defined between the first and second edges, the first-wall width being at a maximum in a region between the first and second ends and being at a minimum at the second narrower end, the first wall including a first plurality of perforations formed adjacent to and extending along a substantial portion of the first edge and a second plurality of perforations formed adjacent to and extending along a substantial portion the second edge, at least one of the first plurality of perforations and at least one of the second plurality of perforations being located adjacent to the minimum width of the first wall at the second narrower end of the main body; a second wall spaced apart from the first wall to define an inner cavity of the main body between the second wall and the first wall, the second wall having third and fourth edges extending from the first end towards the second end of the main body portion, the second wall having a second-wall width defined between the third and fourth edges, the second-wall width being at a maximum in a region between the first and second ends and being at a minimum at the second narrower end, the second wall including a third plurality of perforations formed adjacent to and extending along a substantial portion of the third edge and a fourth plurality of perforations formed adjacent to and extending along a substantial portion of the fourth edge, at least one of the third plurality of perforations and at least one of the fourth plurality of perforations being located adjacent to the minimum width of the second wall at the second end of the main body; a stability bar located along a center of the first wall at least adjacent to the second narrow end of the main body, the at least one of the first plurality of perforations being positioned on one side of the stability bar and the at least one of the second plurality of perforations being positioned on another side of the stability bar; and a bridge structure extending from an interior surface of the first wall toward the second wall, the bridge structure including a plurality of wave-like protrusions to ensure the first wall remains separated from the second wall during suction from the suction system; a suction-connector portion extending from the first end of the main body portion, the suction-connector portion including: a generally tubular conduit including an opening extending through the conduit and in fluid communication with the inner cavity of the main body, the opening being configured to receive a vacuum portion of the suction system therein for providing suction to the inner cavity; and a mouth prop that extends away from the tubular conduit, the mouth prop at least partially defined by a first side and a second side that generally taper inwardly in a direction away from the tubular conduit towards a bottom surface of the mouth prop, the first side and the second side including a plurality of ridges; and a cheek-retractor portion connected to the second narrower end of the main body portion and expanding outwardly away from the second narrower end, the first wall and the second wall of the main body transitioning into and being connected in the cheek-retractor portion to form the cheek-retractor portion, wherein the first wall and the second wall of the main body portion that transition into the cheek-retractor portion are spaced apart from each other for a distance within the cheek-retractor portion before being connected to each other in the cheek-retractor portion.
Proposed Combination: US20030134253A1 (Innerlite, Inc.) or US8911232B2 (Incept, Inc., a parent patent), in view of US9788924B2 (Dryshield, Llc), US20140212839A1 (Incept, Inc. "Intraoral device with stability bar"), and US4167814A (Schubert) or US5588836A (Op-D-Op, Inc.).
US20030134253A1 or US8911232B2: These would provide the foundational intraoral device with a main body, spaced walls, inner cavity, suction connector, perforations, and a cheek retractor, as discussed for Claim 9. Being a parent patent, US8911232B2 is highly likely to disclose many fundamental elements.
US9788924B2: Provides the "bridge structure" with wave-like protrusions, as previously explained.
US20140212839A1 ("Intraoral device with stability bar"): This patent is particularly relevant as it explicitly teaches the "stability bar" feature, which is a specific element of Claim 21. The description of US12011329 states, "Stability bar 150 may be a protrusion or otherwise a thickened area that reinforces the stability of the rectangular portion and assist in shaping this region to the intraoral posterior shape of a patient's mouth." This directly corresponds to the "stability bar located along a center of the first wall at least adjacent to the second narrow end" in Claim 21. The placement of perforations on either side of the stability bar would be a logical design choice for continued suction efficiency while maintaining structural integrity.
US4167814A or US5588836A: Provide the mouth prop with inwardly tapered and ridged sides.
Motivation to Combine: A PHOSITA would be motivated to combine these references to create a robust, stable, and effective intraoral isolation and suction device.
- Adding a stability bar (from US20140212839A1) to an existing intraoral device (e.g., US8911232B2 or US20030134253A1) that already includes a bridge structure (from US9788924B2) and a mouth prop (from Schubert/Op-D-Op): The presence of a stability bar, as described in US12011329's description, specifically "reinforces the stability of the rectangular portion and assist in shaping this region to the intraoral posterior shape of a patient's mouth." This is a clear motivation to improve the fit, stability, and overall performance of existing intraoral devices, especially in flexible materials. The location of perforations relative to the stability bar would be an obvious engineering design for maintaining fluid evacuation around the reinforced area.
- Perforations adjacent to the minimum width at the narrower end: This is a logical design choice for a suction device. Suction points are typically placed where fluids are likely to collect and where space is available without impeding other functions. In a tapering device, the narrower end might be prone to fluid accumulation, making perforations in that area desirable for effective evacuation.
Therefore, combining the teachings of an existing intraoral device (e.g., US8911232B2 or US20030134253A1), with the specific bridge structure (US9788924B2), the stability bar (US20140212839A1), and a mouth prop (US4167814A or US5588836A) would render Claim 21 obvious.
Obviousness Analysis of Claim 30:
Claim 30: An isolation mouthpiece for use with a suction system in a dental procedure, the mouthpiece comprising: a main body portion having a first end and a second end, the main body portion including: a first wall having a first edge and a second edge extending from the first end of the main body portion towards the second end of the main body portion, the first wall including a first plurality of perforations formed adjacent to and extending along a portion of the first edge and a second plurality of perforations formed adjacent to and extending along a portion of the second edge, a second wall having a third edge and a fourth edge extending from the first end of the main body portion towards the second end of the main body portion, the second wall including a third plurality of perforations formed adjacent to and extending along a portion of the third edge, and a fourth plurality of perforations formed adjacent to and extending along a portion of the fourth edge, wherein the second wall further includes a plurality of protrusions extending from an interior surface of the second wall towards the first wall in a shape having one or more crests and one or more troughs, and wherein the first wall and the second wall are shaped such that the first edge of the first wall corresponds to the third edge of the second wall and the second edge of the first wall corresponds to the fourth edge of the second wall, and a third wall connecting the first wall and the second wall such that the first wall is spaced from the second wall to define an inner cavity, wherein a portion of the first wall has a first width adjacent to the first end of the main body portion and a second width adjacent to the second end of the main body portion, wherein a portion of the second wall has a third width adjacent to the first end of the main body portion and a fourth width adjacent to the second end of the main body portion, wherein the first width is greater than the second width, and wherein the third width is greater than the fourth width; a suction connector portion extending from the first end of the main body portion, the suction connector portion including: a generally tubular conduit including: an opening extending through the conduit and in fluid communication with the inner cavity, the opening being configured to receive a vacuum portion of the suction system therein, and a cutout configured to engage a protrusion on the suction system to aid in coupling the mouthpiece to the suction system; a mouth prop including a first side and a second side that are inwardly tapered from a top surface of the mouth prop towards a bottom surface of the mouth prop, the first side and the second side each including a plurality of ridges; and a cheek retractor portion having a first cheek-retractor end coupled to the second end of the main body portion and a second cheek-retractor end, the first cheek-retractor end and the second cheek-retractor end each having rounded edges.
Proposed Combination: US20030134253A1 (Innerlite, Inc.) in view of US9788924B2 (Dryshield, Llc) and US4167814A (Schubert) or US5588836A (Op-D-Op, Inc.).
Claim 30 is largely similar to Claim 9, with a specific addition regarding the correspondence of the first and second wall edges and the cheek retractor portion having rounded edges.
Core elements from US20030134253A1, US9788924B2, and US4167814A/US5588836A: As explained for Claim 9, these references would teach the main body with perforated walls, inner cavity, bridge structure, tapering, suction connector with cutout, mouth prop with tapered and ridged sides, and a cheek retractor.
"First wall and the second wall are shaped such that the first edge of the first wall corresponds to the third edge of the second wall and the second edge of the first wall corresponds to the fourth edge of the second wall": This describes a symmetrical or complementary shaping of the opposing walls. Many intraoral devices, particularly those designed to conform to the mouth, would naturally have such corresponding edges for a coherent and functional design. This would be a basic design consideration for a PHOSITA creating a two-walled mouthpiece.
"Cheek retractor portion having... rounded edges": Rounded edges are a standard design feature in medical and dental devices to enhance patient comfort and prevent irritation to soft tissues. This is a common and obvious design choice for any intraoral device.
Motivation to Combine: The motivation for combining these references remains the same as for Claim 9 – to create a comprehensive and effective dental isolation and suction system. The additional features of corresponding wall edges and rounded cheek retractor edges are straightforward design optimizations that a PHOSITA would readily implement for improved function and patient comfort.
Therefore, Claim 30 would also be rendered obvious by the combination of US20030134253A1 (or similar comprehensive device), US9788924B2 (bridge structure), and US4167814A or US5588836A (mouth prop). The minor additional features are obvious design choices within the skill of a PHOSITA in dental device design.
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