This isn't a patent of a device, it's a design on a single subpart of the slide pad, the grip. The 3DS is drawn as a dotted line as it only demonstrates a potential use of the new grip.
There will be a 3DS revision, it's a matter of when. This points to a potential change that might exist in the revision. No one is excited because it's just some rubber grips. If you get excited by this, you might have some issues.