Obviousness

Obviousness Analysis of US Patent 12,167,948 Under 35 U.S.C. § 103

This analysis identifies combinations of prior art references that would render the claims of US Patent 12,167,948 (US '948) obvious to a person having ordinary skill in the art (POSITA), along with the motivation for combining them. The primary prior art reference for this analysis is US Patent 9,788,924 B2 (US '924), titled "Intraoral device with bridge," which is cited in US '948 and shares a priority date within the same family, indicating a close relationship. Both patents also list Solmetex LLC as an assignee and share at least one inventor, Thien Nguyen.

Primary Prior Art Reference

• US Patent 9,788,924 B2 (US '924) to Nguyen et al. (Dryshield, LLC / Solmetex LLC): This patent describes an intraoral device for dental suction and isolation, encompassing a main body portion, a suction connector portion, a cheek retractor portion, and an internal bridge structure.

Obviousness Argument: US '924 in Combination with General Knowledge

The claims of US '948 are rendered obvious by US '924, either alone or in combination with general knowledge and routine design choices available to a POSITA in the field of dental devices. The extensive overlap in the disclosed features and language between the two patents strongly suggests that US '948 represents an incremental improvement or a more detailed description of elements already present or implicitly taught in US '924.

Analysis of Independent Claim 1

Independent Claim 1 of US '948 describes a mouthpiece with a main body portion having a first wall and a second wall defining an interior space, at least one intervening wall with a ridged edge having ridges extending different distances, a suction connector portion with an evacuation conduit, and a cheek retractor portion.

1. Main body portion with first and second walls defining an interior space: US '924 discloses a main body portion (102) comprising an anterior wall (112) (first wall) and a posterior wall (114) (second wall) that are spaced apart and define an interior space (126). This space allows for fluid evacuation.
2. At least one intervening wall with a ridged edge having ridges extending different distances: US '924 describes "at least one anterior intervening wall 127" extending from the edges (128) of the anterior wall (112) "partially towards the posterior wall 114". These intervening walls are stated to have "alternating crests 130 and troughs 132." A POSITA would understand that "alternating crests and troughs" inherently means that the ridged edge has portions (crests) that extend further than other portions (troughs), thus creating a "plurality of ridges extending different distances at least partially across the distance between the first wall and the second wall."
3. Suction connector portion with an evacuation conduit opening into the interior space: US '924 discloses a suction connector portion (108) coupled to a first end (104) of the main body portion (102). This portion is configured to transfer water, saliva, and debris "from the interior space 126 to the external adapter for removal," indicating an evacuation conduit opening into the interior space.
4. Cheek retractor portion connected to a second end: US '924 discloses a cheek retractor portion (110) coupled to the second end (106) of the main body portion (102), configured to retract a patient's cheek.

Analysis of Independent Claim 20

Independent Claim 20 of US '948 is similar to Claim 1 but further specifies that the first wall's edges are "unconnected to the second wall" and the ridges form an "open-meshed configuration" for fluid suction.

1. Main body portion, first and second walls, interior space, suction connector, and cheek retractor: These elements are disclosed by US '924 as discussed for Claim 1.
2. First wall configured at two edges with a ridged configuration, unconnected to the second wall, forming an open-meshed configuration for fluid suction: US '924 explicitly states that the anterior intervening wall (127) extends "partially towards the posterior wall (114)". The term "partially towards" directly implies that the edges are "unconnected to the second wall." As established, these intervening walls have "alternating crests and troughs," which constitute "ridges extending different distances." US '924 further explicitly teaches that the combination of the anterior and posterior intervening walls and their aligned ridges "may form an open mesh between the anterior wall 112 and the posterior wall 114." This "open mesh" is designed to "allow for suction of air, fluids, and small debris from patient's mouth, through the mesh into the interior space 126 and into the suction connector portion 108 towards a suction source." This directly addresses the "open-meshed configuration... to allow for suction of fluids."

Analysis of Independent Claim 23

Independent Claim 23 of US '948 is similar to Claim 20 but specifies a "neck" extending from the second end of the main body portion instead of a cheek retractor portion.

1. Main body portion, first and second walls, interior space, ridged configuration forming open mesh for suction, and suction connector: These elements are disclosed by US '924 as discussed for Claim 20.
2. Neck that extends from the second end of the main body portion: US '924 discloses a "neck 120 extending from the second end 106 to the cheek retractor portion 110." This directly teaches the "neck that extends from the second end of the main body portion."

Motivation for Combining and Modifying US '924

Given the substantial overlap between US '948 and US '924, it appears US '948 primarily details or slightly modifies features already present or contemplated in US '924. A POSITA would have been motivated to make such minor modifications or explicit descriptions for various reasons:

• Refinement of existing features: Many elements detailed in US '948, such as the specific shapes of crests and troughs (flat or semi-circular), perforations, and internal connectors, are directly taught or are obvious design choices for a POSITA seeking to refine the functionality, stability, or manufacturing of the device described in US '924.
• Enhanced stability and connection: Features like "bite block openings" (141) to create cavities for stability or a "cutout" (142) in the suction connector for interlocking are well-known mechanical engineering principles. A POSITA aiming to improve the structural integrity of the bite block or ensure a more secure and predictable connection with a vacuum adapter would routinely incorporate such features. These are predictable modifications with known results (e.g., improved stability, robust connection).
• User-friendliness and reliability: An "internal stop" in the suction connector, as described in US '948, is a common design element to ensure correct insertion depth for an adapter. A POSITA would implement such a stop to enhance the user-friendliness and reliability of the dental mouthpiece.

In essence, US '948 describes an evolution of the device found in US '924, incorporating routine design optimizations and explicit details that a POSITA would find obvious to implement. The close familial relationship and shared inventorship between the two patents further support this conclusion, indicating a continuous development process rather than a leap in inventive step.

Therefore, the combination of US '924 and the common general knowledge in dental device design and mechanical engineering principles would render all independent claims (1, 20, and 23) and their dependent claims of US Patent 12,167,948 obvious under 35 U.S.C. § 103.