DETAILED ACTION
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 5, 7-9, 11, 13, 16-19, 21-22 & 26-27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Langford (5,453,054).
Langford (5,453,054) disclose(s):
Water ride, figure(s) 1;
Riders, abstract;
Vehicles, 26;
Flume 32 & 34;
Transition section, leftward extending middle curved section figure(s) 1;
Sliding sections, elevation indicated sections, figure(s) 1;
Floating sections 1B & 4;
“flow-altering elements” forming a wave generator 67;
Flow triggering by sensing rider presence, abstract.
With regard to claim(s) 7, 16-17 & 22, Langford (5,453,054) disclose(s) “flow-altering elements” both movable & removable.
With regard to claim(s) 8-9 & 18-19, Langford (5,453,054) disclose(s) “flow-altering elements” undergoing submerged fluctuations.
With regard to claim(s) 11 & 21, Langford (5,453,054) disclose(s) “flow-altering elements” forming a vertically oriented constriction.
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.
Be advised, claim(s) 6 had been previously cancelled.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A DILLON JR whose telephone number is (571)272-6913. The examiner can normally be reached on Monday-Thursday; 8AM-6:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mike McCullough can be reached on (571) 272-7805. The fax phone numbers for the organization where this application or proceeding is assigned are (703)305-7687 for regular communications and (703)308-0552 for After Final communications.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (703)308-1134.
/JOSEPH A DILLON JR/Primary Examiner, Art Unit 3653