DETAILED ACTION
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 .
Claim Objections
Claims 1, 7, 8 objected to because of the following informalities:
Claim 1, line 13 change “axes” to “axis”.
Claim 1, line 14 change “two flexible” to “two flexible plates”.
Claim 7, line 3 change “ae” to “are”.
Claim 8, line 7 change “axes” to “axis”.
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.
Claims 1, 3, 6-7 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 recites “a hollow suction adapted connected to the tubular suction stub and connectable to the optional bite block”, it is unclear if the bite block is optional to be attached to the hollow suction of if the bite block is an optional attachment to the oral suction device. For the purpose of examination, the limitation is interpreted as the bite block is optionally attached to the hollow suction. Claims 3 and 6-7 are rejected based on claim dependency on claim 1.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3, and 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Reyes (US 2017/0156833) in view of Black et al (US 2009/0274991) and Johnson (US 4,017,975).
Regarding claim 1, Reyes discloses an oral suction device (saliva ejector 2) intended for connection to an external suction source (par 6 discloses the ejector attaches to an external vacuum), comprising:
a suction body formed from the assembly of two flexible plates (inner plate 4 and cheek plate 6) and a hollow suction stub (connection tube 26) aligned along a longitudinal axis of the suction body (see figure 1), the two flexible plates being hingedly connected along a two-part hinge (pair of triangular gusset supports 24, par 27 discloses the gusset supports hingedly conjoin the two plates), one part of the two-part hinge being located on one side of the hollow suction stub and the other part of the two part hinge being located on the other side of the hollow suction stub (see figure 1 and par 27),
one of the two flexible plates (4/6) including a connection slot (slot 38) and the other of the two flexible plates (4/6) including a connection stud (tab 36) along the longitudinal axis (see figure 1) that allow the flexible plates to be connected when the flexible plates are folded on to each other (see par 30 and figure 3 which shows the two plates in a final assembled configuration), the two flexible plates including a first plate (4), the two flexible plates defining a void (trough or tapered groove 18 or channels 42, see par 30 and 32) therebetween,
wherein an inner surface of at least one of the two flexible plates includes a series of spacing structures (ribs 12) for maintaining the void between the plates during suction (par 32 discloses the ribs create channels 42 which extend throughout the assembled ejector to the trough 18), the spacing structures extending from peripheral edges of the least one of the two flexible plates toward the longitudinal axes (see figure 1), each of the spacing structures having a distal region that contacts with an opposing inner surface of the other plate to maintain the void between the two flexible during suction (par 32 discloses that the ribs have a symbiotic pattern, so when in the assembled configuration the other end of each of the ribs touches the second plate to create the channel 42), the series of spacing structure forming a plurality of individual fluid channels (42) that extend from the peripheral edges of the at least one of the two flexible plates inwardly toward the longitudinal axis (see figures 2-3 and par 32 which discloses the channels form leading from the edge 16) to allow fluids to be suctioned along fluid paths extending (i) from the peripheral edges, (ii)through the individual fluid channels, (iii) to a central region of the suction body adjacent to the longitudinal axis, and (iv) through the hollow suction stub (see figures 1-3 and par 32 which discloses the channel extension from the edge to the suction tube)
Reyes fails to disclose suction device is configured to be used to block the throat opening in a patient’s mouth for restorative dental work, one of the flexible plates is a fishtail plate, wherein the two-part hinge connection and the combination of the connection slot and the connection tab are configured to allow the peripheral edges of the two flexible plates to be pulled away from each other when no suction is present;
a bite block adapted for engagement with a patient’s teeth to hold the suction body vertically oriented with the patient’s mouth;
a hollow suction adapted connected to the tubular suction stub and connectable to the optional bite block.
Black teaches a suction device (“intra-oral device” of figure 25E) which can be used to block the throat opening in a patient’s mouth for restorative dental work (figures 27A-B and 30 A-B show the device positioned to protect the back of the mouth/throat and par 99 discuss the protection of the throat from aspiration), the suction device comprises a suction body (540) formed from the assembly of two flexible plates, a first plate and a fishtail plate (example, tongue shield aspirator 540, which has an anterior layer 548b which is interpreted as the first plate and a posterior plate 548 a interpreted as the fishtail plate, par 130 discloses the aspirator being flexed and is therefore flexible), a bite block (bite grip 320) adapted for engagement with a patient’s teeth to hold said suction member vertically oriented within said patient’s mouth (par 8 discloses the engagement of the upper and lower teeth of the patient and the connection to the tongue shield, figure 27 A-B and 30 A-B show the upright/vertical orientation of the tongue shield when positioned in the mouth of the patient) and a hollow suction adapter (evacuation tube 30, 230, or 330), connected to said suction body and connectable to said optional bite block (par 108 discloses a connection for the evacuation tube with the tongue shield and/or bite member) for the purpose of providing tongue and cheek retraction with fluid suction without multiple independent devices or help from an assistant (par 3).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify Reyes to have suction device is configured to be used to block the throat opening in a patient’s mouth for restorative dental work, one of the flexible plates is a fishtail plate, attaching a bite block adapted for engagement with a patient’s teeth to hold the suction body vertically oriented with the patient’s mouth to the suction body, and a hollow suction adapted connected to the tubular suction stub and connectable to the optional bite block as taught by Black for the purpose of providing tongue and cheek retraction with fluid suction without multiple independent devices or help from an assistant.
Reyes discloses a hinge which enables the two plates to fold relative to one another (see figure 2-3) and the connection slot/tab that are frictionally retained when the body is assembled (par 30), but fails to explicitly disclose the two-part hinge connection and the combination of the connection slot and the connection tab are configured to allow the peripheral edges of the two flexible plates to be pulled away from each other when no suction is present.
However, Johnson teaches a hinge connection (interconnecting section 72/hinge section 272) and connection slot (wells 44/46 or 144/146) and connection tab (projecting pins 48/50 or 148/150)that are configured to allow the peripheral edge of two plates to be pulled away when no suction is present (col 7, lines 25-30 discloses the flexible hinge means interconnecting said plates enable an open and closed positioning of the plates, figures 3 and 9 show an open configuration where the peripheral edges of the plates are separated)
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have the two part hinge connection and the combination of connection slot and connection tab are configured to allow the peripheral edges of the two flexible plates to be pulled away from each other when no suction is present as taught by Johnson for the purpose of enabling reopening and closing of the suction body to troubleshoot issues with suction or remove blockages.
Regarding claim 3, Reyes discloses a second locking stud (circular tab 38) residing in the void of the suction body (par 30 discloses the tab is located in the open tapered groove 18) and frictionally engageable in a complimentary sized locking orifice (par 30 discloses the circular tab 36 mates with the circular slot 38) formed through the suction body (see figure 1).
Regarding claim 6, Black further teaches a connector section (intermediate 218) formed on said bite block (210), said connector section (218) having a mounting orifice (sockets of anterior face 218a) formed therein, and an angled support saddle ( lateral orifice 212, which is angled 90 degrees relative to the sockets of the anterior face 218a and is positioned on a concave surface which is interpreted as a saddle) formed thereon that said suction stub resides atop for alignment and support of said suction body (see figures 13 and 14 and par 109) for the reasons set forth above.
Regarding claim 7, Reyes discloses a closed configuration, wherein the two plates are folded on to each other (see figures 1-3). Black further teaches said first plate and said fishtail plate have different sized peripheral edges that do not reside in alignment when said suction body is closed (see figures 25A-E), for the reasons set forth above.
Regarding claim 8, Reyes discloses (saliva ejector 2) intended for connection to an external suction source (par 6 discloses the ejector attaches to an external vacuum) comprising:
a hollow suction adapter for connection to the external suction source (par 37 discloses a non-illustrated suction tube that connects to a connection tube 26 and a suction device);
a suction body (inner plate 4 and cheek plate 6) including a hollow suction stub (connection tube 26) connected to the hollow suction adapter (par 37), the suction body formed from a first flexible plate (4) and a second flexible plate (6), the first and second flexible plates (4/6) having longitudinal axes that are aligned with the hollow suction stub (see figure 1), the first and second flexible plates (4/6) having connection regions(triangular gusset supports 24) at which the first and flexible second plates are connected (see figure 1),
the connection regions being located (i) along a first pair of edges of the first and second flexible plates adjacent to one side of the hollow suction stub, (ii) along a second pair of edges of the first and second flexible plates adjacent to an opposing side of the hollow suction stub, and (iii) at points along the longitudinal axes of the first and second plates (see figure 1),
wherein a series of spacing structures (ribs12) are formed on an inner surface of at least one of the first and second plates for maintaining a void between the first and second plates during suction (see figures 1-3 and par 32 discloses the ribs create channels 42 which extend throughout the assembled ejector to the trough 18), the spacing structures (12) extending between the peripheral edges of the least one of the first and second plates toward the longitudinal axes of the first and second plates (see figure 1), each of the spacing structures (12)having a distal region that comes into contact with an opposing inner surface of the opposing one of the first or second plates to maintain the void between the first and second plates during suction (par 32 discloses that the ribs have a symbiotic pattern, so when in the assembled configuration the other end of each of the ribs touches the second plate to create the channel 42), the series of spacing structures (12) forming a plurality of individual fluid channels (channel 42) that extend from the peripheral edges inwardly toward the longitudinal axes of the first and second flexible plates (see figures 2-3 and par 32 which discloses the channels form leading from the edge 16) to allow fluids to be suctioned in fluid paths extending (i) from the peripheral edges,(ii) through the individual fluid channels, (iii) to a central region adjacent to the longitudinal axes of the first and second plates, and (iv) through the hollow suction stub (see figures 1-3 and par 32 which discloses the channel extension from the edge to the suction tube),
Reyes fails to disclose suction device is configured to be used to block the throat opening in a patient’s mouth for restorative dental work, one of the flexible plates is a fishtail plate, and wherein the connection regions are configured to allow the peripheral edges of the first and second flexible plates to be pulled away from each other when no suction is present; and a bite block adapted for engagement with a patient's teeth to hold the suction body oriented within said patient's mouth.
Black teaches a suction device (“intra-oral device” of figure 25E) which can be used to block the throat opening in a patient’s mouth for restorative dental work (figures 27A-B and 30 A-B show the device positioned to protect the back of the mouth/throat and par 99 discuss the protection of the throat from aspiration), the suction device comprises a suction body (540) formed from the assembly of two flexible plates, a first plate and a fishtail plate (example, tongue shield aspirator 540, which has an anterior layer 548b which is interpreted as the first plate and a posterior plate 548 a interpreted as the fishtail plate, par 130 discloses the aspirator being flexed and is therefore flexible), a bite block (bite grip 320) adapted for engagement with a patient’s teeth to hold said suction member vertically oriented within said patient’s mouth (par 8 discloses the engagement of the upper and lower teeth of the patient and the connection to the tongue shield, figure 27 A-B and 30 A-B show the upright/vertical orientation of the tongue shield when positioned in the mouth of the patient) for the purpose of providing tongue and cheek retraction with fluid suction without multiple independent devices or help from an assistant (par 3).
Reyes discloses connection regions (24) which enables the two plates to fold relative to one another (see figure 2-3), but fails to explicitly disclose the connection regions are configured to allow the peripheral edges of the first and second flexible plates to be pulled away from each other when no suction is present.
However, Johnson teaches a connection region (interconnecting section 72/hinge section 272) configured to allow the peripheral edge of two plates to be pulled away when no suction is present (col 7, lines 25-30 discloses the flexible hinge means interconnecting said plates enable an open and closed positioning of the plates, figures 3 and 9 show an open configuration where the peripheral edges of the plates are separated)
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have the connection regions are configured to allow the peripheral edges of the first and second flexible plates to be pulled away from each other when no suction is present as taught by Johnson for the purpose of enabling reopening and closing of the suction body to troubleshoot issues with suction or remove blockages.
Regarding claim 9, Reyes discloses the first plate (6) includes a connection slot (38) and the second plate (4) includes a connection stud (36) along the longitudinal axis that allow the first and second plates to be connected (see figure 1 and par 30) when the first and second plates are folded on to each other (see figures 2-3), the connection slot and connection stub being part of the connection region along the longitudinal axes of the first and second plates (see figure 1).
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on the combination of reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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/S.N.B./ Examiner, Art Unit 3772
/HEIDI M EIDE/ Primary Examiner, Art Unit 3772
5/29/2026
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