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 .
Specification
The specification is objected to because reference character “110” has been used to designate a ride surface, a water removal or drainage area, a water recover surface, and a ride surface incline. Appropriate correction is required.
Claim Objections
Claims 4-8, 12-13, and 16 are objected to because of the following informalities: Regarding claim 4, line 2, “a tension framework” should be changed to the tension framework since the tension framework was previously introduced in line 3 of claim 1. Regarding claim 5, line 1, the should be added before “inflatable layer.” Regarding claim 8, line 2, “being” should be deleted. Regarding claims 12 and 13, line 1 of each claim, “the inflatable side wall is” should be changed to the inflatable side walls are since claim 10 introduces plural inflatable side walls. Regarding claim 16, line 2, “providing ride” should be changed to providing a ride. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-7, 9, and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lochtefeld (US 2013/0130815 A1).
Regarding claim 1, Lochtefeld discloses a water ride apparatus [1], comprising: a ride surface [3] comprising a tensioned layer (paragraph 0049: “a fabric stretched tight across the sides”) having a tensioned material (paragraph 0049: “a fabric”) supported by a tension framework (paragraph 0049: “the sides”), and an inflatable layer [15] positioned over and supported by the tensioned layer (paragraph 0049: “a fabric stretched tight across the sides”); a water injection system [9] for injecting water onto the ride surface [3]; and a water collection system [11] for removing the injected water from the ride surface [3] (paragraphs 0047-0053, 0058, 0061-0068, 0072-0075, and Figures 1-8).
Regarding claim 2, Lochtefeld discloses the water ride apparatus of claim 1, wherein the inflatable layer [15] is coupled (paragraph 0072: “flow divider 15 is pivotally connected to ride surface 3 on or near housing 9”) to the tensioned material (paragraph 0049: “a fabric”) through a hook [39] and loop [34] fastener (paragraph 0049, 0065-0068, 0072, and Figures 1 and 3-4).
Regarding claim 3, Lochtefeld discloses the water ride apparatus of claim 1, wherein the inflatable layer [15] is secured to the water injection system [9] (paragraphs 0064-0065, 0072, and Figures 1 and 3-4).
Regarding claim 4, Lochtefeld discloses the water ride apparatus of claim 1, wherein a ride shape is defined by a shape of the tensioned layer (paragraph 0049: “a fabric stretched tight across the sides”) supported by a tension framework (paragraph 0049: “the sides”) and the inflatable layer [15] conforms to the shape (paragraph 0051: “flow divider 15 preferably comprises an inflatable tubular member 16 that extends longitudinally downstream with its bottom substantially conforming to the shape and contour of ride surface 3”) of the tensioned layer (paragraph 0049: “a fabric stretched tight across the sides”) (paragraphs 0049, 0051, 0053, 0056, and Figures 1-2).
Regarding claim 5, Lochtefeld discloses the water ride apparatus of claim 1, wherein inflatable layer [15] comprises a plurality of individual bladders [16, 42] or [A, B, C, D, E, F, G] (paragraphs 0051-0054, 0058, and Figures 1-2 and 7A-8).
Regarding claim 6, Lochtefeld discloses the water ride apparatus of claim 5, wherein the ride surface [3] extends past an edge (see Figure 1; wherein ride surface [3] extends on either side of flow divider [15]) of the plurality of bladders [16, 42] or [A, B, C, D, E, F, G] of the inflatable layer [15] to define a projection [29, 31, 33, 34, 35, 39] extending from a side of the inflatable layer [15], the projection [29, 31, 33, 34, 35, 39] defining a fastener for coupling to a support structure [10] of the water ride apparatus [1] (paragraphs 0047, 0051, 0053, 0058, 0064-0065, and Figures 1-4).
Regarding claim 7, Lochtefeld discloses the water ride apparatus of claim 6, wherein the projection [29, 31, 33, 34, 35, 39] comprises gaps (e.g., between straps [29, 31] and between hooks [39]) such that the projection [29, 31, 33, 34, 35, 39] is defined by a plurality of extensions [29, 31] and each of the plurality of extensions [29, 31] comprises a loop [39] and the coupling to the support structure [10] comprises beams (see bars of grated surface [10] between lower ends [35] of straps [29, 31] in Figure 3) of the support structure [10] positioned within the gaps (e.g., between straps [29, 31] and between hooks [39]) and a rod (see outer bars of grated surface [10] which secure hooks [39] in Figures 3-4) positioned within each of the loops [39] of the plurality of extensions [29, 31] (paragraphs 0064-0065 and Figures 1 and 3-4).
Regarding claim 9, Lochtefeld discloses the water ride apparatus of claim 2, wherein the inflatable layer [15] comprises a plurality of elongated fasteners [29, 31] for coupling to a grid [10] covering the water collection system [11] (paragraphs 0047, 0065, and Figures 1 and 3-4).
Regarding claim 14, Lochtefeld discloses the water ride apparatus of claim 1, further comprising an inflatable bladder [16] or [42] for altering the ride shape (paragraphs 0052-0053, 0058-0059, and Figures 2-3 and 7B). With regard to the ballast [42], which is a bag filled with water or other weighted material (paragraph 0058), being inflatable, it should be appreciated that the applicant's functional language in the claims does not serve to impart patentability. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. Apparatus claims cover what a device is, not what a device does. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior apparatus teaches all the structural limitations of the claims. See MPEP 2114. Additionally, Lochtefeld’s ballast [42] is capable of being inflated.
Regarding claim 15, Lochtefeld discloses the water ride apparatus of claim 14, wherein the inflatable bladder [42] is positioned between the tensioned layer (paragraph 0049: “a fabric stretched tight across the sides”) and the inflatable layer [15] (paragraph 0058 and Figures 1 and 7B).
Regarding claim 16, Lochtefeld discloses a method of reducing a force of a surface on a rider for a water ride apparatus [1], comprising: providing ride surface [3] comprising a tensioned layer (paragraph 0049: “a fabric stretched tight across the sides”) having a tensioned material (paragraph 0049: “a fabric”) supported by a tension framework (paragraph 0049: “the sides”), and an inflatable layer [15] positioned over and supported by the tensioned layer (paragraph 0049: “a fabric stretched tight across the sides”); securing the inflatable layer [15] to an upper surface of the tensioned layer (paragraph 0049: “a fabric stretched tight across the sides”); providing a water injection system [9] in communication with the ride surface [3]; and providing a water collection system [11] for removing the injected water from the ride surface [3] (paragraphs 0047-0053, 0058, 0061-0068, 0072-0075, and Figures 1-8).
Claims 1-5 and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murphy (US 2015/0057093 A1).
Regarding claim 1, Murphy discloses a water ride apparatus [100], comprising: a ride surface [102] comprising a tensioned layer (paragraph 0033: “the second surface 102 may be a fabric, sheet or other material that is stretched (e.g., tensioned)”) having a tensioned material (paragraph 0033: “a fabric”) supported by a tension framework [140], and an inflatable layer [160] or [170] positioned over and supported by (paragraph 0033: “a rider may ride upon the inflatable or other contouring elements themselves (e.g., if the inflatable or other contouring elements are positioned on a top side of the sliding sufface,” paragraph 0036: “bladder 160 is disposed on…the second surface 102,” and paragraph 0037: “bladders 170 are disposed on…the second surface 102”) the tensioned layer (paragraph 0033: “the second surface 102 may be a fabric, sheet or other material that is stretched (e.g., tensioned)”); a water injection system [130] for injecting water onto the ride surface [102]; and a water collection system [104, 105, 106] for removing the injected water from the ride surface [102] (paragraphs 0028-0030, 0033-0037, 0059, and Figures 1A-1C).
Regarding claim 3, Murphy discloses the water ride apparatus of claim 1, wherein the inflatable layer [160] or [170] is secured to the water injection system [130] (paragraphs 0029, 0036-0037, and Figures 1A-1C; wherein all components of the water attraction [100] are integrally secured together).
Regarding claim 4, Murphy discloses the water ride apparatus of claim 1, wherein a ride shape is defined by a shape of the tensioned layer (paragraph 0033: “the second surface 102 may be a fabric, sheet or other material that is stretched (e.g., tensioned)”) supported by a tension framework [140] and the inflatable layer [160] or [170] conforms to the shape of the tensioned layer (paragraph 0033: “the second surface 102 may be a fabric, sheet or other material that is stretched (e.g., tensioned)”) (paragraphs 0033-0037 and Figures 1A-1C).
Regarding claim 5, Murphy discloses the water ride apparatus of claim 1, wherein inflatable layer [160] or [170] comprises a plurality of individual bladders (see [160] or [170]) (paragraphs 0036-0037 and Figures 1B-1C).
Regarding claim 14, Murphy discloses the water ride apparatus of claim 1, further comprising an inflatable bladder (interior of [160] or [170]) for altering the ride shape (paragraphs 0036-0037 and Figures 1B-1C).
Regarding claim 15, Murphy discloses the water ride apparatus of claim 14, wherein the inflatable bladder (interior of [160] or [170]) is positioned between the tensioned layer (paragraph 0033: “the second surface 102 may be a fabric, sheet or other material that is stretched (e.g., tensioned)”) and the inflatable layer [160] or [170] (paragraphs 0036-0037 and Figures 1B-1C).
Regarding claim 16, Murphy discloses a method of reducing a force of a surface on a rider for a water ride apparatus [100], comprising: providing ride surface [102] comprising a tensioned layer (paragraph 0033: “the second surface 102 may be a fabric, sheet or other material that is stretched (e.g., tensioned)”) having a tensioned material (paragraph 0033: “a fabric”) supported by a tension framework [140], and an inflatable layer [160] or [170] positioned over and supported by the tensioned layer (paragraph 0033: “the second surface 102 may be a fabric, sheet or other material that is stretched (e.g., tensioned)”); securing the inflatable layer [160] or [170] to an upper surface of the tensioned layer (paragraph 0033: “the second surface 102 may be a fabric, sheet or other material that is stretched (e.g., tensioned)”); providing a water injection system [130] in communication with the ride surface [102]; and providing a water collection system [104, 105, 106] for removing the injected water from the ride surface [102] (paragraphs 0028-0030, 0033-0037, 0059, and Figures 1A-1C).
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.
Claims 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Lochtefeld as applied to claim 1 above, and further in view of Bradshaw (US 9,795,890 B2).
Regarding claim 10, Lochtefeld discloses the water ride apparatus of claim 1, further comprising a hard wall [13] of the water ride apparatus (paragraph 0048 and Figure 1). Lochtefeld does not disclose inflatable side walls. Bradshaw, however, teaches a similar water ride apparatus [100] comprising a top layer [109], further comprising inflatable side walls [128-A, 128-B, 128-C, 128-D, 128E] positioned on top of the top layer [109] and on a hard wall [127] of the water ride apparatus [100] (col. 4 line 44 – col. 6 line 24, col. 7 lines 57- 62, and Figures 1 and 5-6). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to configure Lochtefeld’s apparatus to include inflatable side walls positioned on top of the tensioned layer [3] and on the hard wall [13] such that they are between the inflatable layer [15] and the hard wall [13] of the water ride apparatus [100] because Bradshaw teaches that this configuration protects the riders for their safety (col. 6 lines 17-24).
Regarding claim 12, the modified Lochtefeld discloses the water ride apparatus of claim 10, wherein the inflatable side wall [128-A, 128-B, 128-C, 128-D, 128E of Bradshaw] is inflated to a pressure (see col. 6 lines 17-19 and Figures 1 and 5-6 of Bradshaw). Bradshaw is silent as to the inflation pressure such that the modified Lochtefeld does not disclose the pressure being 1 to 3 psi. Lochtefeld, however, discloses that the flow divider [15] is inflated to a pressure of 1 to 3 psi (1 to 5 psi) (paragraph 0073-0075). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to inflate the modified Lochtefeld inflatable side walls to a pressure between 1 to 3 psi because Lochtefeld teaches that inflatables with air pressure within this range are softer and more forgiving such that they can absorb the impact and energy of forces applied against them while reducing risk of injury (paragraph 0075).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Lochtefeld.
Regarding claim 11, Lochtefeld disclose the water ride apparatus of claim 1, wherein the inflatable layer [15] is inflated to a pressure of 1 to 5 psi (paragraphs 0073-0075). Lochtefeld disclose the flow divider [15] being inflated to a pressure of 1 to 5 psi, not 8 to 10 psi. However, Lochtefeld discloses the inflation pressure achieving the result of affecting the performance (deformability, energy absorption, flexibility, drag, reaction time, buoyancy, and risk of injury) of the divider; thus a person having ordinary skill in the art would have recognized that inflation pressure is a result-effective variable. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to inflate the divider to a pressure of 8 to 10 psi to achieve desired deformability, energy absorption, flexibility, drag, reaction time, buoyancy, and risk of injury, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05 II.
Claims 2 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Murphy as applied to claim 1 above, and further in view of Jeoung (KR 20160136977 A using machine translation).
Regarding claims 2 and 8, Murphy discloses the water ride apparatus of claim 1, wherein the inflatable layer [160] or [170] is coupled to the tensioned material (paragraph 0033: “the second surface 102 may be a fabric, sheet or other material that is stretched (e.g., tensioned)”) (paragraphs 0033, 0036-0037, and Figures 1B-1C). Murphy does not disclose the coupling being through a hook and loop fastener. Jeoung, however, teaches a similar water ride apparatus [100] comprising a surface cover layer [200] and a ride surface [110] comprising a material (page 2: “vinyl”), wherein the layer [200] is coupled to the material (page 2: “vinyl”) through a hook and loop fastener [130, 210]; wherein the hook and loop fasteners [130, 210] are positioned in a pattern (Figures 1-3), the pattern (Figures 1-3) being having components perpendicular to each other (pages 2-3 and 5 and Figures 1-3). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to configure Murphy’s inflatable layer to be coupled to the tensioned material through a hook and loop fastener in a perpendicular pattern because Jeoung teaches that this configuration securely adheres components of a water ride apparatus in a relatively simple manner (page 5).
Claims 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Murphy as applied to claim 1 above, and further in view of Bradshaw.
Regarding claim 10, Murphy does not disclose inflatable side walls. Bradshaw, however, teaches a similar water ride apparatus [100] comprising a top layer [109] and an inflatable layer [501], further comprising inflatable side walls [128-A, 128-B, 128-C, 128-D, 128E] positioned on top of the top layer [109] and between the inflatable layer and a hard wall [127] of the water ride apparatus [100] (col. 4 line 44 – col. 6 line 24, col. 7 lines 21-26, 50- 62, and Figures 1 and 5-6). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to configure Murphy’s apparatus to include inflatable side walls positioned top of the tensioned layer and between the inflatable layer and a hard wall of the water ride apparatus because Bradshaw teaches that this configuration protects the riders for their safety (col. 6 lines 17-24).
Regarding claim 12, the modified Murphy discloses the water ride apparatus of claim 10, wherein the inflatable side wall [128-A, 128-B, 128-C, 128-D, 128E of Bradshaw] is inflated to a pressure (see col. 6 lines 17-19 and Figures 1 and 5-6 of Bradshaw). Bradshaw is silent as to the inflation pressure such that the modified Murphy does not disclose the pressure being 1 to 3 psi. Murphy, however, discloses inflation pressure achieving the result of aiding in stability and providing a comfortable surface for riders to make contact with, for example, when riders fall or lose their footing; thus a person having ordinary skill in the art would have recognized that inflation pressure is a result-effective variable. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to inflate the modified Murphy inflatable side walls to a pressure between 1 to 3 psi to achieve desired stability and comfortability, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05 II.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Murphy.
Regarding claim 11, Murphy discloses the water ride apparatus of claim 1, wherein the inflatable layer [160] or [170] is inflated to a pressure (paragraphs 0036-0037 and 0059). Murphy does not disclose the pressure being 8 to 10 psi. Murphy, however, discloses inflation pressure achieving the result of achieving a variety of different wave forms, aiding in stability, and providing a comfortable surface for riders to make contact with, for example, when riders fall or lose their footing; thus a person having ordinary skill in the art would have recognized that inflation pressure is a result-effective variable. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to inflate the modified Murphy inflatable layer to a pressure between 8 to 10 psi to achieve desired wave form, stability, and comfortability, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05 II.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Murphy in view of Bradshaw as applied to claim 10 above, and further in view of Vicente (US 2017/0136373 A1).
Regarding claim 13, the modified Murphy discloses the water ride apparatus of claim 10, wherein the inflatable side wall [128-A, 128-B, 128-C, 128-D, 128E of Bradshaw] is coupled to the inflatable layer [160] or [170] (see Figures 1A-1C; wherein all components of the water attraction [100] are integrally secured together). The modified Murphy does not disclose the coupling occurring through ties. Vicente, however, teaches a similar water ride apparatus comprising a first portion [901] and a second portion [902], wherein the portions [901, 902] are coupled to each other by ties [903] (paragraphs 0036, 0038, 0040-0041, 0073, and Figures 1 and 9). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to configure the inflatable side walls to be coupled to the water attraction, and thus integrally coupled to the inflatable layer, by ties because Vicente teaches that ties are known in the art for securely fastening components of water ride apparatus’ (paragraph 0073).
Conclusion
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/AUDREY B. WALTER/Primary Examiner, Art Unit 3711