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 § 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 1-20 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.
With respect to claim 1, further clarification is require regarding the new limitations “and control the effect system to coordinate presentation of the special effect with the segment of the audio based on the timestamp of the audio data associated with the segment of the audio” (lines 16-18). The claim defines “a timeframe” regarding the positioning of the vehicle relative to observation/presentation of the special effect (lines 9-10) and thereafter recites “the positioning of the ride vehicle by aligning a timestamp of the audio data associated with the segment of the audio with based on the timeframe” (lines 12-15). It seems as the new limitation (e.g., lines 16+) are contradicting, as it define the coordinating the presentation of the special effect with the audio based on the timestamp.
With respect to claim 3 and 4, as claim 3 amended to recites “repeat play of an additional segment of the audio to align the timestamp of the audio data associated with the segment of the audio ”(lines 2-3), further clarification is require, as it unclear how “ repeat a play of an additional audio” align with timestamp (which logically means a specific time, that can’t repeat itself).
With respect to claims 12 and 16, same issues as discussed above with respect to claim 1.
With respect to claims 2, 5-11, 13-15 and 17-20, the claims are rejected based on their dependency, direct or indirect, of independent claims 1, 12, and 16, respectively.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1, 6, 8-12, 15-16 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al CN110508010A (“Liu”).
As per claim 1, Liu discloses a ride effect coordination system (rail ride control system)(Figs. 1-13, pages 1-10), comprising:
a ride vehicle configured to traverse a ride path (vehicle 4 travel along guide 2)(Fig. 1; page 5, 3rd par.);
one or more sensors configured to detect ride vehicle positioning along the ride path and communicate the ride vehicle positioning as positional data (vehicle computer 3 to included sensory means, obtaining unit 120/position unit 123, to determine a specific position of vehicle 4 along path 2)(Figs. 1 and 2; page 5, 3rd par.-page 6, 6th par.’ and page 7, 10th par.-age 8, 1st par.);
an audio system configured to play audio based on audio data for one or more riders of the ride vehicle (playback device 5)(Fig. 1; page 2, 8th par.; page 3, 4th page 4, 1st and 2nd pars.; page 7, 9th par.-page 8, 2nd par.);
an effect system configured to present a special effect observable from the ride path (special effect device 7)(Fig. 1; page 2, 8th par.; page 3, 6th and 14th pars.; page 4, 1st par.; page 5, 3rd par. and page 7, 9th par.-page 8, 2nd par).
and a controller (control center 1)(Fig. 1; page 5, 3rd par. -page 9, 1st par.) configured to: determine, based on the positional data, a timeframe for positioning the ride vehicle relative to the effect system such that the one or more riders can observe the special effect (controller 1 to communicate with the vehicle computer 3/ obtaining module 120/positioning unit 123 module, to provide a 3 dimensional electronic map regarding the vehicle position at a real time, to synchronized with the effect system 7)(Figs. 1 and 2; page 2, 3rd par.-page 4, 7th par.; page 5, 3rd par.-page 9, 1st par.); control the audio system to adjust play of the audio to coordinate a segment of the audio with the positioning of the ride vehicle by aligning a timestamp of the audio data associated with the segment of the audio with the timeframe (control system 1 in communication with audio system 5 to play audio at a specific location of the vehicle 4 upon path 2)( Figs. 1 and 5; page 2, 3rd par.-page 4, 7th par.; page 5, 3rd par.-page 9, 1st par.) ; and control the effect system to coordinate presentation of the special effect with the segment of the audio based on the timestamp of the audio data associated with the segment of the audio (the control system 1 provides control means to the position of the vehicle (via computer 3/ obtaining module 120/positioning unit 123 module) to provide specifical effects (via system 7) with audio (via audio means 5) at real time/ same code time (i.e., aligning with a timestamp)(Figs. 1, 2 and 5; page 2, 3rd par.-page 4, 7th par.; page 5, 3rd par.-page 9, 1st par.).
As per claim 6, Liu discloses wherein the effect system comprises a pyrotechnic effect, an animated figure effect, a cooling effect, a heating effect, a haptic effect, or a combination thereof (page 6, 1st par.).
As per claim 8, with respect to wherein the segment of the audio is associated with a chord, and wherein the controller is configured to activate or actuate a valve of the effect system based on the timestamp of the audio data associated with the segment of the audio to coordinate the presentation of the special effect with playing of the chord, note Figs. 1, 2 and 5 in conjunction to page 2, 3rd par.-page 4, 7th par. and page 5, 3rd par.-page 6, 2nd par. and page 7, 9th par.-page 8, 2nd par. as the system control 1 to control the audio system 5 to provide an audio (i.e., a chord) synchronized with the special effect system 7 to produce smoke, snow, steam, and etc. (i.e., activate or actuate a valve) based upon the timestamp (via computer 3/ obtaining module 120/positioning unit 123 module).
As per claims 9, 10, with respect to wherein the controller comprises an audio system controller configured to control the audio system, an effect system controller configured to control the effect system, and a ride vehicle controller configured to control the ride vehicle (claim 9), and wherein the controller comprises a central controller configured to control the effect system and the audio system based on control instructions provided to one or more additional controllers (claim 10), note Figs. 1-6 in conjunction to at least page 5, 1st par.-page 9, 1st par. regarding control system 1 controlling/communicating with the audio system 5, special effect system 7 and vehicle 4 (as the vehicle includes a vehicle computer 3, i.e., a ride vehicle controller/ one or more additional controller/s).
As per claim 11, with respect to comprising a plurality of ride vehicles configured to move along the ride path and configured to be coordinated within the ride effect coordination system by the controller, note page 7, 4th par. regarding the use of rail vehicles 110; note Figs. 1-6 in conjunction to page 2, 3rd par.-page 4,7th par. and page 5, 1st par.-page 9, 1st par. as the control system 1 to control/communicate with a vehicle, audio system and special effect system, as the vehicles are riding upon path/rail 2.
As per claim 12, Liu discloses a method of coordinating ride effects (Figs. 8-10, page 9, 2nd par.-page 10, 12th par. in conjunction to Figs. 1-9, pages 2, 3rd par.-page 9, 1st par.), the method comprising:
sensing, with one or more sensors, positioning of a ride vehicle along a ride path (Figs. 1 and 8; page 9, S2);
communicating, with the one or more sensors, the positioning of the ride vehicle as positional data to a controller (Figs. 1 and 8; in conjunction to page 2, 3rd pars.+, page 5, 1st par. and page 9, S2, S21+; via vehicle computer 3 to included sensory means, obtaining unit 120/position unit 123, to determine a specific position of vehicle 4 along path 2; also page 5, 3rd par.-page 6, 6th par.’ and page 7, 10th par.-age 8, 1st par.);
playing audio based on audio data for one or more riders of the ride vehicle via an audio system (via playback device 5) (Figs. 1, 8 and 9; page 2, 8th par.; page 3, 4th page 4, 1st and 2nd pars.; page 7, 9th par.-page 8, 2nd par; page 9, S4; page 10,2nd par.; page 10, S41,S43, and par. 8th)
presenting, via an effect system, a special effect observable from the ride path (via special effect device 7)(Fig. 1; page 2, 8th par.; page 3, 6th and 14th pars.; page 4, 1st par.; page 5, 3rd par. and page 7, 9th par.-page 8, 2nd par. ,page 10, 2nd par. and S44);
determining, based on the positional data, a timeframe for positioning the ride vehicle relative to the effect system such that the one or more riders can observe the special effect (controller 1 to communicate with the vehicle computer 3/ obtaining module 120/positioning unit 123 module, provides a 3 dimensional electronic map regarding the vehicle position at a real time, to synchronized with the effect system 7)(Figs. 1 and 2; page 2, 3rd par.-page 4, 7th par.; page 5, 3rd par.-page 9, 1st par.; page 9, S1page 10, S52); controlling the audio system to adjust play of the audio to coordinate a segment of the audio with the positioning of the ride vehicle by aligning a timestamp of the audio data associated with the segment of the audio with based on the timeframe (control system 1 in communication with audio system 5 to play audio at a specific location of the vehicle 4 upon path 2)( Figs. 1 and 5; page 2, 3rd par.-page 4, 7th par.; page 5, 3rd par.-page 9, 1st par.; page 9, S1page 10, S52); and controlling the effect system to coordinate the presentation of the special effect with the segment of the audio based on the timestamp of the audio data associated with the segment of the audio (the control system 1 provides control means to the position of the vehicle (via computer 3/ obtaining module 120/positioning unit 123 module) to provide specifical effects (via system 7) with audio (via audio means 5) at real time/ same code time (i.e., aligning with a timestamp)(Figs. 1, 2 and 5; page 2, 3rd par.-page 4, 7th par.; page 5, 3rd par.-page 9, 1st par.; page 9, S1page 10, S52).
As per claim 15, with respect to comprising directing movement of the ride vehicle via the controller, note Fig. 1 and page 5, 3rd par.-page 6, 3rd par. and page 9, S1 the control system 1 in control communication with vehicle computer 3 of vehicle 4.
As per claim 16, since the claim’s limitations are very similar to claim 1, the examiner states that claim 16 is rejected over Liu for the same reasons discussed above with respect to claim 1. Since there is no apparent different structural and/or functional limitations of the system of claim 1 and the system of claim 16, it is important to note that such statement by the examiner is not merely to “ignore” the claim’s limitations; rather, the examiner attempts to simplify the above rejection, and not “paste and copy” similar limitations, thus to create unnecessary lengthy Office action.
With respect to the effect system comprising a valve, note Fig. 1 in conjunction to page 5, 3rd par.-page 6, 1st par. regarding special effect system 7 to include, steams, smoke, snow, and etc.
As per claim 18, with respect to wherein the controller is configured to control a movement of the ride vehicle, control the audio system to manage play of the audio, or both based on the timeframe indicating that the ride vehicle and the audio are out of sync relative to a coordination itinerary, the control system 1 provides control means to the position of the vehicle (via computer 3/ obtaining module 120/positioning unit 123 module) to provide specifical effects (via system 7) with audio (via audio means 5) at real time/ same code time (i.e., aligning with a timestamp)(Figs. 1, 2 and 5; page 2, 3rd par.-page 4, 7th par.; page 5, 3rd par.-page 9, 1st par.); note also page 9, S4+ and page 10, as the controller in control/communication with the vehicle position means to judge, manage, the audio, relative to the position of the vehicle at a specific time.
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.
Claim(s) 2-5, 7, 13-14, 17 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu as applied to claims 1, 12, 16 and 18 above, and further in view of Werner US 2006/0252563 (“Werner”).
As per claim 2, with respect to wherein the controller is configured to cause control the audio system to play of the audio to align the timestamp of the audio data associated with the segment of the audio with based on the timeframe based on an indication that the ride vehicle is delayed relative to a previously established coordination itinerary, within Liu the control system 1 provides control means to the position of the vehicle (via computer 3/ obtaining module 120/positioning unit 123 module) with audio (via audio means 5) at real time/ same code time (i.e., aligning with a timestamp)(Figs. 1, 2 and 5; page 2, 3rd par.-page 4, 7th par.; page 5, 3rd par.-page 9, 1st par.); note also page 9, S4+ and page 10, as the controller in control/communication with the vehicle position means to judge, manage, the audio, relative to the position of the vehicle at a specific time; note page 5, 3rd par.-page 6, 1st par. and 3rd par. regarding the control system 1 to control the acceleration and deceleration of vehicle 4 and to synchronize the audio to the specific position of the vehicle upon the path, accordingly.
Liu is not specific regarding as cause control the audio system to slow down the play of the audio.
However, such means are taught by Werner’s Fig. 2 in conjunction to [0018]-[0023], [0027] and [0028] regarding the controller 140 control the audio based on the location/time frame of the vehicle (as the sensors means send data to such position/timeframe of the vehicle along the path 120; e.g., [0023]” The signal may be a signal to change the lighting or to begin playing a different audio file to correspond with the theme and the location of the rider along the water slide. In one embodiment, the progression of the theme from one phase to the next is triggered by the rider passing a particular motion sensor. The progression of the theme as the rider travels along the water slide is coordinated with the detection of the rider passing the plurality of motion sensors. In this way, the ride can accommodate for the speed at which a rider traverses the ride and a choreographed, themed, ride experience can be enjoyed by the rider.”). Therefore, 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 to form Liu’s cause control the audio system to slow down the play of the audio for the reason that a skilled artisan would have been motivated by Werner’s suggestions that such audio means provide enjoyment to a user (e.g., “In this way, the ride can accommodate for the speed at which a rider traverses the ride and a choreographed, themed, ride experience can be enjoyed by the rider.”[0023]).
As per claim 3, with respect to wherein the controller is configured to cause control the audio system to play of an additional segment of the audio to align the timestamp of the audio data associated with the segment of the audio with based on the timeframe based on an indication that the ride vehicle is delayed relative to a previously established coordination itinerary, within Liu the control system 1 provides control means to the position of the vehicle (via computer 3/ obtaining module 120/positioning unit 123 module) with audio (via audio means 5) at real time/ same code time (i.e., aligning with a timestamp)(Figs. 1, 2 and 5; page 2, 3rd par.-page 4, 7th par.; page 5, 3rd par.-page 9, 1st par.); note also page 9, S4+ and page 10, as the controller in control/communication with the vehicle position means to judge, manage, the audio, relative to the position of the vehicle at a specific time; note page 5, 3rd par.-page 6, 1st par. and 3rd par. regarding the control system 1 to control the acceleration and deceleration of vehicle 4 and to synchronize the audio to the specific position of the vehicle upon the path, accordingly.
Liu is not specific regarding audio system to repeat play of an additional segment of the audio.
However, Werner discloses “Rider selections may be recorded to a data file in a step 170. In one embodiment, if the rider tries to repeat the same theme the software will select a variation of that theme for playback” ([0030]). Therefore, 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 to form Liu’s audio system to repeat play of an additional segment of the audio for similar reasons discussed above with respect to claim 2 (i.e., audio means that provides enjoyment to a user).
As per claim 4, with respect to wherein the controller is configured to cause the audio system to play of the additional segment of the audio based on an extent to which the ride vehicle is delayed relative to the previously established coordination itinerary and such that the segment of the audio is played with the ride vehicle positioned relative to the effect system to allow the one or more riders to observe the special effect, the control system 1, of Liu, provides control means to the position of the vehicle (via computer 3/ obtaining module 120/positioning unit 123 module) to provide specifical effects (via system 7) with audio (via audio means 5) at real time/ same code time (i.e., aligning with a timestamp)(Figs. 1, 2 and 5; page 2, 3rd par.-page 4, 7th par.; page 5, 3rd par.-page 9, 1st par.); note also page 9, S4+ and page 10, as the controller in control/communication with the vehicle position means to judge, manage, the audio, relative to the position of the vehicle at a specific time.
Liu is not specific regarding cause the audio system to repeat play of the additional segment of the audio a number of times.
However, Werner discloses cause the audio system to repeat play of the additional segment of the audio a number of times ([0030]). Therefore, 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 to form Liu’s cause the audio system to repeat play of the additional segment of the audio a number of times for similar reasons discussed above with respect to claim 2 (i.e., audio means that provides enjoyment to a user).
As per claim 5, with respect to wherein the additional segment of the audio comprises a musical chorus and the segment of the audio comprises a crescendo, note Werner’s [0048] “This might, e.g., involve the playing of dramatic music which corresponds to the shark images projected” such “music” construed as the audio comprises such musical chorus/ a crescendo as claimed. Additionally, one of ordinary skill in the art would have determined that any known musical theme would have been obvious for purposes of rider’s experience/amusement. Therefore, 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 to form Liu’s the additional segment of the audio comprises a musical chorus and the segment of the audio comprises a crescendo for similar reasons discussed above as audio means that provides enjoyment to a user.
As per claim 7, with respect to wherein the controller is configured to control the audio system to play of at least a portion of the audio to align the timestamp of the audio data associated with the segment of the audio with the timeframe based on an indication that the ride vehicle is ahead of a previously established coordination itinerary, within Liu the control system 1 provides control means to the position of the vehicle (via computer 3/ obtaining module 120/positioning unit 123 module) with audio (via audio means 5) at real time/ same code time (i.e., aligning with a timestamp)(Figs. 1, 2 and 5; page 2, 3rd par.-page 4, 7th par.; page 5, 3rd par.-page 9, 1st par.); note also page 9, S4+ and page 10, as the controller in control/communication with the vehicle position means to judge, manage, the audio, relative to the position of the vehicle at a specific time; note page 5, 3rd par.-page 6, 1st par. and 3rd par. regarding the control system 1 to control the acceleration and deceleration of vehicle 4 and to synchronize the audio to the specific position of the vehicle upon the path, accordingly.
Liu is not specific regarding to control the audio system to speed up play of at least a portion of the audio.
However, such means are taught by Werner’s Fig. 2 in conjunction to [0018]-[0023], [0027] and [0028] regarding the controller 140 control the audio based on the location/time frame of the vehicle (as the sensors means send data to such position/timeframe of the vehicle along the path 120; e.g., [0023]” The signal may be a signal to change the lighting or to begin playing a different audio file to correspond with the theme and the location of the rider along the water slide. In one embodiment, the progression of the theme from one phase to the next is triggered by the rider passing a particular motion sensor. The progression of the theme as the rider travels along the water slide is coordinated with the detection of the rider passing the plurality of motion sensors. In this way, the ride can accommodate for the speed at which a rider traverses the ride and a choreographed, themed, ride experience can be enjoyed by the rider.”). Therefore, 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 to form Liu’s to control the audio system to speed up play of at least a portion of the audio for the reason that a skilled artisan would have been motivated by Werner’s suggestions that such audio means provide enjoyment to a user (e.g., “In this way, the ride can accommodate for the speed at which a rider traverses the ride and a choreographed, themed, ride experience can be enjoyed by the rider.”[0023]).
As per claim 13, with respect to comprising causing the audio system to play audio to align the timestamp of the audio data associated with the segment of the audio with the timeframe based on an indication that the ride vehicle is delayed relative to a previously established coordination itinerary, within Liu the control system 1 provides control means to the position of the vehicle (via computer 3/ obtaining module 120/positioning unit 123 module) with audio (via audio means 5) at real time/ same code time (i.e., aligning with a timestamp)(Figs. 1, 2 and 5; page 2, 3rd par.-page 4, 7th par.; page 5, 3rd par.-page 9, 1st par.); note also page 9, S4+ and page 10, as the controller in control/communication with the vehicle position means to judge, manage, the audio, relative to the position of the vehicle at a specific time; note page 5, 3rd par.-page 6, 1st par. and 3rd par. regarding the control system 1 to control the acceleration and deceleration of vehicle 4 and to synchronize the audio to the specific position of the vehicle upon the path, accordingly.
Liu is not specific regarding causing the audio system to slow a speed of the audio.
However, such means are taught by Werner’s Fig. 2 in conjunction to [0018]-[0023], [0027] and [0028] regarding the controller 140 control the audio based on the location/time frame of the vehicle (as the sensors means send data to such position/timeframe of the vehicle along the path 120; e.g., [0023]” The signal may be a signal to change the lighting or to begin playing a different audio file to correspond with the theme and the location of the rider along the water slide. In one embodiment, the progression of the theme from one phase to the next is triggered by the rider passing a particular motion sensor. The progression of the theme as the rider travels along the water slide is coordinated with the detection of the rider passing the plurality of motion sensors. In this way, the ride can accommodate for the speed at which a rider traverses the ride and a choreographed, themed, ride experience can be enjoyed by the rider.”). Therefore, 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 to form Liu’s causing the audio system to slow a speed of the audio for the reason that a skilled artisan would have been motivated by Werner’s suggestions that such audio means provide enjoyment to a user (e.g., [0023]).
As per claim 14, with respect to comprising causing the audio system to play of an additional segment of the audio to align the timestamp of the audio data associated with the segment of the audio with the timeframe based on an indication that the ride vehicle is delayed relative to a previously established coordination itinerary, within Liu the control system 1 provides control means to the position of the vehicle (via computer 3/ obtaining module 120/positioning unit 123 module) with audio (via audio means 5) at real time/ same code time (i.e., aligning with a timestamp)(Figs. 1, 2 and 5; page 2, 3rd par.-page 4, 7th par.; page 5, 3rd par.-page 9, 1st par.); note also page 9, S4+ and page 10, as the controller in control/communication with the vehicle position means to judge, manage, the audio, relative to the position of the vehicle at a specific time; note page 5, 3rd par.-page 6, 1st par. and 3rd par. regarding the control system 1 to control the acceleration and deceleration of vehicle 4 and to synchronize the audio to the specific position of the vehicle upon the path, accordingly.
Liu is not specific regarding causing the audio system to repeat play of an additional segment of the audio.
However, Werner discloses “Rider selections may be recorded to a data file in a step 170. In one embodiment, if the rider tries to repeat the same theme the software will select a variation of that theme for playback” ([0030]). Therefore, 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 to form Liu’s audio system to repeat play of an additional segment of the audio for similar reasons discussed above with respect to claim 2 (i.e., audio means that provides enjoyment to a user).
As per claim 17, with respect to wherein the controller is configured to control a speed of the ride vehicle, control the audio system to manage a play of the audio, or both based on the timeframe indicating that the ride vehicle and the audio are out of sync relative to a coordination itinerary, within Liu the control system 1 provides control means to the position of the vehicle (via computer 3/ obtaining module 120/positioning unit 123 module) with audio (via audio means 5) at real time/ same code time (i.e., aligning with a timestamp)(Figs. 1, 2 and 5; page 2, 3rd par.-page 4, 7th par.; page 5, 3rd par.-page 9, 1st par.); note also page 9, S4+ and page 10, as the controller in control/communication with the vehicle position means to judge, manage, the audio, relative to the position of the vehicle at a specific time; note page 5, 3rd par.-page 6, 1st par. and 3rd par. regarding the control system 1 to control the acceleration and deceleration of vehicle 4 and to synchronize the audio to the specific position of the vehicle upon the path, accordingly. Note also, page 9, S12 to page 10, S44, as the control system to collect information regarding the position of the vehicle at real time (i.e., timestamp) and adjust any “faulty position” of the vehicle to provide the sound and special effect/s accordingly.
Liu is not specific regarding control the audio system to manage a speed of play of the audio.
However, such means are taught by Werner’s Fig. 2 in conjunction to [0018]-[0023], [0027] and [0028] regarding the controller 140 control the audio based on the location/time frame of the vehicle (as the sensors means send data to such position/timeframe of the vehicle along the path 120; e.g., [0023]” The signal may be a signal to change the lighting or to begin playing a different audio file to correspond with the theme and the location of the rider along the water slide. In one embodiment, the progression of the theme from one phase to the next is triggered by the rider passing a particular motion sensor. The progression of the theme as the rider travels along the water slide is coordinated with the detection of the rider passing the plurality of motion sensors. In this way, the ride can accommodate for the speed at which a rider traverses the ride and a choreographed, themed, ride experience can be enjoyed by the rider.”). Therefore, 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 to form Liu’s control the audio system to manage a speed of play of the audio for the reason that a skilled artisan would have been motivated by Werner’s suggestions that such audio means provide enjoyment to a user (e.g., “In this way, the ride can accommodate for the speed at which a rider traverses the ride and a choreographed, themed, ride experience can be enjoyed by the rider.”[0023]).
As per claim 19, with respect to wherein the controller is configured to control the audio system to additional segment of the audio a number of times based a degree to which the ride vehicle and the audio are out of sync relative to the coordination itinerary, within Liu the control system 1 provides control means to the position of the vehicle (via computer 3/ obtaining module 120/positioning unit 123 module) with audio (via audio means 5; the continues audio of the audio system construed as “additional segment of the audio a number of times”) at real time/ same code time (i.e., aligning with a timestamp)(Figs. 1, 2 and 5; page 2, 3rd par.-page 4, 7th par.; page 5, 3rd par.-page 9, 1st par.); page 9, S4+ and page 10, as the controller in control/communicate with the vehicle position means to judge, manage, the audio, relative to the position of the vehicle at a specific time; note page 5, 3rd par.-page 6, 1st par. and 3rd par. regarding the control system 1 to control the acceleration and deceleration of vehicle 4 and to synchronize the audio to the specific position of the vehicle upon the path, accordingly. Note also, page 9, S12 to page 10, S44, as the control system to collect information regarding the position of the vehicle at real time (i.e., timestamp) and adjust any “faulty position” of the vehicle to provide the sound and special effect/s accordingly.
Liu is not specific regarding causing the audio system to repeat play of an additional segment of the audio.
However, Werner discloses “Rider selections may be recorded to a data file in a step 170. In one embodiment, if the rider tries to repeat the same theme the software will select a variation of that theme for playback” ([0030]). Therefore, 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 to form Liu’s audio system to repeat play of an additional segment of the audio for similar reasons discussed above with respect to claim 2 (i.e., audio means that provides enjoyment to a user).
As per claim 20, Liu is not specific regarding wherein the controller is configured to delay or expedite actuation of the valve of the effect system based on the timestamp of the audio data associated with the segment of audio.
However, Werner discloses wherein a controller is configured to delay or expedite actuation of a valve of an effect system based on a timestamp of an audio data associated with the segment of audio (Figs. 4A-4C, 8 and 10 in conjunction to [0009], [0022], [0025], [0037]-[0040], [0049] and [0050] a special effect system to include spray means (i.e., actuation of valve), to synchronize with the audio system (speaker 300) and the exact position of the ride (i.e., based on a timestamp); e.g., [0049]” Upon receipt, a process running on computing device 140 will recognize the signal and begin the process of cueing up the proper lighting, audio files, spray sequencing, and video is prepared for the ride. Sensors 130 will indicate to the computing device 140 the position of the ride on the slide so that the lighting, sound, and other effects are automatically manipulated to occur at the time the rider reaches the proper position. As can be seen in FIG. 8, a shark video is displayed which makes it appear to the rider that he or she is encountering a shark. Similarly, audio files could be played on speakers 300 all the way down the slide during the ride”). Therefore, 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 to form Liu’s wherein the controller is configured to delay or expedite actuation of the valve of the effect system based on the timestamp of the audio data associated with the segment of audio for the reason that a skilled artisan would have been motivated by Werner’s suggestion that such provides excitement and thrill to a rider (“In all the embodiments, the projection arrangement gives the slider the thrill of passing through the water spray screen as moving images are being displayed” [0046]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference or combination thereof applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. In particular, applicant’s arguments regarding now amended independent claims 1, 12, and 16, are moot as such new amendments are taught and suggested by the newly cited reference to Liu as set forth above in section 3.
Applicant didn’t argue any specific with respect to dependent claims 2-11, 13-15 and 17-20, which are dependent form respective independent claims 1, 12 and 16, but merely based upon their dependency, upon the respective independent claims. The examiner asserts that dependent claims 2-11, 13-15 and 17-20 are anticipated and/or obvious over the prior art as set forth in the rejection above.
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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMIR ARIE KLAYMAN whose telephone number is (571)270-7131. The examiner can normally be reached Monday-Friday; 7:00 AM-4:30 PM.
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/A.A.K/Examiner, Art Unit 3711 4/6/2026
/JOHN E SIMMS JR/Primary Examiner, Art Unit 3711
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