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 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 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Black (US 2009/0274991) in view of Reyes (US 2017/0156833) and Johnson (US 4,017,975).
Regarding claim 8, Black discloses an oral suction device (“intra-oral device” represented in assembly in figures 1-4C, 11-14, 18-19, 25E, 27A-B and 30A-B) intended for connection to an external suction source and used to block the throat opening in a patient's mouth for restorative dental work (abstract discloses the connection of the device to an “HVE valve”, which is external suction source, 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), comprising:
a hollow suction adapter (evacuation tube 30, 230, or 330) for connection to the external suction source (via the HVE valve 99, which par 105 discloses as connecting to a dental auxiliary unit);
a suction body (tongue shield 40, 140, 240, 340,440, 540, 640, 740, or 840) including a hollow suction stub (neck 46, 56, 246, 346, 446, 546), connected to the hollow suction adapter (par 6 discloses that the neck of the tongue shield aspirator is configured to detachably mate to the first end of the evacuation tube, see figure 25E), the suction body formed from a first flexible plate and a second flexible plate, at least one of the first and second flexible plates having a fishtail configuration (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), each of the first and second flexible plates having a longitudinal axis that is are aligned with the hollow suction stub (see figure 25A-C), and
a bite block (bite grip 20, 220 or 320), adapted for engagement with a patient's teeth to hold the suction body 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).
Black fails to discloses the first and second flexible plates having connection regions at which the first and flexible second plates are connected, 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,
wherein a series of spacing structures 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, the spacing structures 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, each of the spacing structures 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, the series of spacing structures forming a plurality of individual fluid channels that extend from the peripheral edges inwardly toward the longitudinal axes of the first and second flexible plates 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, 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.
Reyes teaches 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) for the purpose of allowing the suction body to be planar in fabrication and assembly about the axial centerline of the device, therefore reducing the manufacturing steps (par 11).
Therefore, it would be obvious to one of ordinary skill in the art, before the effective filing date, to modify Black to have the suction body structure as set forth above by Reyes for the purpose of allowing the suction body to be planar in fabrication and assembly about the axial centerline of the device, therefore reducing the manufacturing steps.
Additionally, 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, Regarding claim 9, Reyes further teaches 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), for the reason set forth above.
Response to Arguments
Applicant’s arguments, see Remarks, filed 8/18/2026, with respect to the combination of Reyes in view of Black have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Black (US 2009/0274991) in view of Reyes (US 2017/0156833) and Johnson (US 4,017,975).
Applicant's arguments regarding Johnson have been fully considered but they are not persuasive. Applicant argues that the two plates of Johnson are placed together in a permanent face to face assembly, the examiner disagrees. Col 7, lines 25-30 discloses the hinge being moveable between an open and closed position.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANNEL N BELK whose telephone number is (571)272-9671. The examiner can normally be reached Mon. -Fri. 11:30 am - 3:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571) 270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.N.B./Examiner, Art Unit 3772
/HEIDI M EIDE/Primary Examiner, Art Unit 3772
9/14/2026
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