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 .
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 1/20/2026 and 3/3/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
Applicant's arguments filed 3/9/2026 have been fully considered but they are not persuasive. Applicant argues Johnson (US 20060253969) does not disclose a pool wave generator comprising a first pool area extending from the first end of the pool to a midpoint of the pool and a second pool area extending from the second end of the pool to the midpoint of the pool, each defining a maximum length extending from the beach to the plurality of chambers and a maximum width extending in a direction perpendicular to the maximum length, the maximum width is greater than the maximum length (Applicant Arguments/Remarks, p. 13-14). Examiner disagrees and notes the claim language defines the maximum length as extending from the beach to the plurality of chambers. Therefore, the maximum lengths of the first and second pool areas of Johnson are interpreted to extend from element 1 to the beach area extending towards element 20 shown in Fig. 5 (not extending from element 8) and the maximum width is greater than the maximum length. The amended language in the claims is addressed in the rejections below.
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.
Claim(s) 1, 24, and 28-41 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Johnson (US 20060253969).
Regarding claim 1, Johnson discloses a pool wave generator, comprising:
a pool (2) defining a first side (side near 20), a second side (side near 1) opposite the first side, a first end (end near left outer C4), a second end (end near right outer C4) opposite the first end, and a floor (floor of 2 including R1-2), the first side of the pool defining three curved regions (regions of 2 near 20), the three curved regions comprising two outside curved regions (regions near 7) and one interior curved region (center region between 6 near 20) between the two outside curved regions (see Fig. 5), the two outside curved regions curving outward and away (direction of 7) from the second side of the pool (see Fig. 5) and the one interior curved region curving inward and toward the second side of the pool (see Fig. 5), the pool further defining:
a first pool area (left side portion of 2 including outer C4) extending from the first end of the pool to a midpoint (midpoint of 2) of the pool between the first end and the second end (see Fig. 5); and
a second pool area (right side portion of 2 including outer C4) extending from the second end of the pool to the midpoint of the pool (see Fig. 5);
a beaching area (13 formed between the upper sidewalls 6) defined at the first side of the pool (see Fig. 5; ¶ 0020-0027), the floor of the pool tapering upward to the beaching area (see Fig. 4-5); and
a plurality of chambers (1) at the second side of the pool, opposite the beaching area (see Fig. 5), for releasing water into the pool to generate a wave (24) in the pool (see Fig. 5; ¶ 0020-0027),
wherein:
each of the first pool area and the second pool area define a maximum length (length of 2 extending from 1 to 13 formed between the upper sidewalls 6 near 20; see Fig. 5) and a maximum width (width extending from outer C4 to the opposite outer C4) extending in a direction perpendicular to the maximum length (see Fig. 5);
the maximum length extends from the beaching area to the plurality of chambers (see Fig. 5); and
the maximum width is greater than the maximum length (see Fig. 5).
Regarding claim 24, Johnson discloses wherein the entirety of the beaching area defines a zero depth (the depth of 13 is defined as a zero depth; see Fig. 3-5; ¶ 0020-0027).
Regarding claim 28, Johnson discloses wherein: the wave is a first wave (one of 21) configured to propagate from the second side of the pool towards a first one (one of the regions near 7) of the two outside curved regions (see Fig. 5);
the plurality of chambers is further configured for releasing water into the pool to generate a second wave (the other of 21) in the pool; and
the second wave is configured to propagate from the second side of the pool towards a second one (the other of the regions near 7) of the two outside curved regions (see Fig. 5).
Regarding claim 29, Johnson discloses wherein the plurality of chambers are provided in linear arrangement (linear arrangement of 1) along the second side of the pool (see Fig. 5).
Regarding claim 30, Johnson discloses wherein: a first lateral side (one of 8) of the pool extends from the second side of the pool at a non-zero, non-perpendicular angle (see Fig. 5); and
a second lateral side (the other of 8) of the pool opposite the first lateral side extends from the second side of the pool at a non-zero, non-perpendicular angle (see Fig. 5).
Regarding claim 31, Johnson discloses wherein the two outer curved regions are equal in size and shape (see Fig. 5).
Regarding claim 32, Johnson discloses wherein the first pool area is a mirror image of the second pool area about a center axis (center axis of 2) of the pool, the center axis extending from the first side of the pool to the second side of the pool (see Fig. 5).
Regarding claim 33, Johnson discloses a wave pool comprising:
a pool (2) defining a first side (side near 20), a second side (side near 1) opposite the first side, a first end (end near left outer C4), a second end (end near right outer C4) opposite the first end, and a floor (floor of 2 including R1-2), the first side of the pool defining two outside regions (regions near 7) and an interior region (center region between 6 near 20) between the two outside regions (see Fig. 5), the interior region being a curved region curving inward and toward the second side of the pool (see Fig. 5), the pool further defining:
a first pool area (left side portion of 2 including outer C4) extending from the first end of the pool to a midpoint (midpoint of 2) of the pool between the first end and the second end (see Fig. 5); and
a second pool area (right side portion of 2 including outer C4) extending from the second end of the pool to the midpoint of the pool (see Fig. 5); and
a beaching area (13 formed between the upper sidewalls 6) defined at the first side of the pool (see Fig. 5; ¶ 0020-0027); and
a plurality of chambers (1) at the second side of the pool (see Fig. 5) for releasing water into the pool to generate a wave (24) in the pool (see Fig. 5; ¶ 0020-0027);
wherein:
each of the first pool area and the second pool area define a maximum length (length of 2 extending from 1 to 13 formed between the upper sidewalls 6 near 20; see Fig. 5) and a maximum width (width extending from outer C4 to the opposite outer C4) extending in a direction perpendicular to the maximum length;
the maximum length extends from the beaching area (13 formed between the upper sidewalls 6) to the plurality of chambers (see Fig. 5); and
the maximum width is greater than the maximum length (see Fig. 5).
Regarding claim 34, Johnson discloses wherein: the wave is a first wave (one of 21) configured to propagate from the second side of the pool towards a first one (one of the regions near 7) of the two outside curved regions (see Fig. 5);
the plurality of chambers is further configured for releasing water into the pool to generate a second wave (the other of 21) in the pool; and
the second wave is configured to propagate from the second side of the pool towards a second one (the other of the regions near 7) of the two outside curved regions (see Fig. 5).
Regarding claim 35, Johnson discloses the plurality of chambers are provided in linear arrangement (linear arrangement of 1) along the second side of the pool (see Fig. 5).
Regarding claim 36, Johnson discloses wherein: a first lateral side (one of 8) of the pool extends from the second side of the pool at a non-zero, non-perpendicular angle (see Fig. 5); and
a second lateral side (the other of 8) of the pool opposite the first lateral side extends from the second side of the pool at a non-zero, non-perpendicular angle (see Fig. 5).
Regarding claim 37, Johnson discloses a method of generating waves in a wave pool, the method comprising:
providing the wave pool (¶ 0019), the wave pool comprising:
a pool (2) defining a first side (side near 20), a second side (side near 1), and a floor (floor of 2 including R1-2), the first side of the pool defining two outside regions (regions near 7) and an interior region (center region between 6 and 20) between the two outside regions (see Fig. 5), the interior region being a curved region curving inward (see Fig. 5) and toward the second side of the pool (see Fig. 5), the pool further defining:
a first pool area (left side portion of 2 including outer C4) extending from the first end of the pool to a midpoint (midpoint of 2) of the pool between the first end and the second end (see Fig. 5); and
a second pool area (right side portion of 2 including outer C4) extending from the second end of the pool to the midpoint of the pool (see Fig. 5);
a beaching area (13 formed between the upper sidewalls 6) defined at the first side of the pool (see Fig. 5; ¶ 0020-0027); and
a plurality of chambers (1) at the second side of the pool (see Fig. 5); and generating a wave (24) in the wave pool, wherein generating the wave in the wave pool comprises releasing water from at least one of the plurality of chambers into the pool (see Fig. 5; ¶ 0020-0027);
wherein:
each of the first pool area and the second pool area define a maximum length (length of 2 extending from 1 to 13 formed between the upper sidewalls 6 near 20; see Fig. 5) and a maximum width (width extending from outer C4 to the opposite outer C4) extending in a direction perpendicular to the maximum length (see Fig. 5);
the maximum length extends from the beaching area (13 formed between the upper sidewalls 6) to the plurality of chambers (see Fig. 5); and
the maximum width is greater than the maximum length (see Fig. 5).
Regarding claim 38, Johnson discloses wherein: the wave (one of 21) is configured to propagate from the second side of the pool towards a first one (one of the regions near 7) of the two outside curved regions (see Fig. 5);
the method further comprises generating a second wave (the other of 21) in the wave pool; and
the second wave is configured to propagate from the second side of the pool towards a second one (the other of the regions near 7) of the two outside curved regions (see Fig. 5).
Regarding claim 39, Johnson discloses wherein the plurality of chambers are provided in linear arrangement (linear arrangement of 1) along the second side of the pool (see Fig. 1).
Regarding claim 40, Johnson discloses wherein: a first lateral side (one of 8) of the pool extends from the second side of the pool at a non-zero, non-perpendicular angle (see Fig. 5); and
a second lateral side (the other of 8) of the pool opposite the first lateral side extends from the second side of the pool at a non-zero, non-perpendicular angle (see Fig. 5).
Regarding claim 41, Johnson discloses the floor of the pool defines a first floor area (a first floor of 2 and C4) of the first pool area and a second floor area (a second floor of 2 and C4) of the second pool area; and
each of the first floor area and the second floor area are contoured to define a plurality of wave zones (zones of waves 18-23) within the corresponding first pool area or second pool area (see Fig. 5); and
a height of the wave is different at each of the plurality of wave zones (¶ 0005, 0020-0027).
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.
Claim(s) 5, 6, 9, 11-12, 16, 23, and 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (US 20060253969) in view of Perslow (US 5186578).
Regarding claim 26, Johnson discloses substantially all of the elements of the present invention as stated above in the rejection of claim 1.
However, Johnson does not disclose wherein: the pool wave generator further comprises a third pool area; and the beaching area is defined between the pool and the third pool area as claimed.
Perslow discloses a wave generator wherein: the pool wave generator further comprises a third pool area (portion of 15 near 17);
and the beaching area (top portion of 17) is defined between the pool and the third pool area (see Fig. 1). It would have been obvious to one of ordinary skill in the art to have modified the surf pool of Johnson, to have a third pool area as claimed, as taught by Perslow, since it was known in the art that a man-made basin defining a body of water may have an uneven depth and be divided up by a deep ocean region and a shallower lagoon region by an intervening reef such that waves induced by the wave generator are propagated and may spill over the reef and continue into the lagoon region (col. 3, ll. 17-26).
Regarding claim 5, the combination above and specifically Perslow further discloses wherein the pool and the third pool area are separated by a divider (divider of 17) having a height (height of 17) at a desired water level (see Fig. 1).
Regarding claim 6, the combination above and specifically Perslow further discloses wherein the height of the divider:
changes along a length of the divider between the pool and the third pool area; or
is at a low water height of the pool during wave generation; or
is at a resting water height of the pool when waves are not being generated (col. 3, ll. 17-26; see Fig. 1).
Regarding claim 9, the combination above and specifically Perslow further discloses wherein the height of the divider is at or above a low water height of the pool during wave generation (col. 3, ll. 17-26; see Fig. 1) and below a high water height of the pool during wave generation (col. 3, ll. 17-26; see Fig. 1).
Regarding claim 11, the combination above and specifically Perslow further discloses wherein the third pool area is configured to create a channel (channel of 13, 15, 17) for water to travel transverse across a length of the pool and minimize an amount of water returned into the pool at an exit location (col. 3, ll. 17-26; see Fig. 1) of the water leaving the pool after the wave (col. 3, ll. 17-26; see Fig. 1).
Regarding claim 12, the combination above and specifically Perslow further discloses wherein the third pool area is positioned to receive water exiting the pool during the wave to minimize a direct return of the water back into the pool (col. 3, ll. 17-26; see Fig. 1).
Regarding claim 16, the combination above and specifically Johnson further discloses wherein the channel is configured to extend around a lateral side (lateral side of 2) of the pool (see Fig. 5), wherein the channel is configured to reintroduce water from the channel into the pool at a bottom (near 8) of the pool (see Fig. 5).
Regarding claim 23, the combination above and specifically Perslow further discloses wherein a gap (gap between 13 and 15) is formed between at least a portion of the pool (a portion of 13) and at least a portion of the third pool area (a portion of 15) along at least a portion of a length of the beaching area (see Fig. 1).
Regarding claim 25, Johnson discloses substantially all of the elements of the present invention as stated above in the rejection of claim 24.
However, Johnson does not disclose wherein: the pool wave generator further comprises a third pool area; and the beaching area is defined between the pool and the third pool area; and a depth of the third pool area is greater than the zero depth of the beaching area as claimed.
Perslow discloses a wave generator wherein: the pool wave generator further comprises a third pool area (portion of 15 near 17); and
the beaching area (top portion of 17) is defined between the pool and the third pool area (see Fig. 1); and
a depth of the third pool area is greater than the zero depth of the beaching area (see Fig. 1). It would have been obvious to one of ordinary skill in the art to have modified the surf pool of Johnson, to have a third pool area as claimed, as taught by Perslow, since it was known in the art that a man-made basin defining a body of water may have an uneven depth and be divided up by a deep ocean region and a shallower lagoon region by an intervening reef such that waves induced by the wave generator are propagated and may spill over the reef and continue into the lagoon region (col. 3, ll. 17-26).
Claim(s) 20-22 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (US 20060253969) in view of Bennett (US 20180147469).
Regarding claim 27, Johnson discloses substantially all of the elements of the present invention as stated above in the rejection of claim 1.
Johnson further discloses the pool comprises a first linear wall (horizontal wall of 1) and the plurality of chambers are configured to release water into the pool along an entire length of the first linear wall (see Fig. 5; ¶ 0019);
the pool comprises two lateral side walls (vertical walls extending from 1) extending from terminal ends of the first linear wall (see Fig. 5);
the pool comprises two exterior lateral side walls (8); and
a space between each of the two lateral side walls and corresponding each of the two exterior lateral side walls defines a side return channel (channel of 8) for water to flow (23) from the pool to the side return channel (see Fig. 5).
However, Johnson does not disclose the pool comprises two lateral side walls extending from terminal ends of the first linear wall at an oblique angle as claimed.
Bennett discloses a surf pool design and contiguous reef wherein the pool comprises two lateral side walls (4) extending from terminal ends of the first linear wall (wall of 8) at an oblique angle (see Fig. 1; ¶ 0069). It would have been obvious to one of ordinary skill in the art to have modified the lateral side walls of Johnson, to extend from the terminal ends of the first linear wall at an oblique angle as claimed, as taught by Bennett, in order to create a plunging wave on the sides of the surf pool for a desired configuration (¶ 0069-0070).
Regarding claim 20, the combination and specifically Johnson further discloses wherein a length (a length of the vertical walls extending from 1) of the two lateral side walls is less than a length (a length of 8) of the two exterior side walls creating an open mouth (open mouth at 23) between the side return channel and the pool (see Fig. 5).
Regarding claim 21, the combination above and specifically Johnson further discloses a back circulation channel (C5) coupling the side return channels (see Fig. 5).
Regarding claim 22, the combination above and specifically Johnson further discloses wherein the back circulation channel is adjacent the plurality of chambers (see Fig. 5).
Claim(s) 13-14 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (US 20060253969) in view of Perslow (US 5186578) as applied to claims 12 and 26 above, and further in view of Lochtefeld (US 6460201; hereinafter Lochtefeld ‘201).
Regarding claim 13, the combination above discloses substantially all of the elements of the present invention as stated above in the rejection of claim 12.
However, Johnson does not disclose wherein the third pool area is in fluid communication with the pool through a deep channel positioned under the floor of the pool as claimed.
Lochtefeld ‘201 discloses an apparatus for controlling break points and reducing rip currents in wave pools wherein the third pool area (19) is in fluid communication with the pool (15, 17) through a deep channel (37) positioned under the floor (13) of the pool (see Fig. 1-2). It would have been obvious to one of ordinary skill in the art to have modified the wave pool of Johnson above, to have a deep channel positioned under the floor of the pool as claimed, as taught by Lochtefeld ‘201, so that the body of water in the pool and the water level on both ends of the pool can be maintained in substantial equilibrium (col. 8, l. 63 - col. 9, l. 10).
Regarding claim 14, the combination above and specifically Perslow further discloses wherein water received in the third pool area is diverted into another water structure (region surrounding 15), wherein the another water structure is a separate water activity area (col. 3, ll. 17-26), including a wading pool, a pool (col. 3, ll. 17-26), a lazy river, or combinations thereof.
Regarding claim 18, the combination above discloses substantially all of the elements of the present invention as stated above in the rejection of claim 26.
Johnson further discloses a bridge (17); however, Johnson does not disclose the third pool area includes a cover, and the cover has perforations to permit fluid to flow there through but prevent a body part from traversing the cover as claimed.
Lochtefeld ‘201 discloses an apparatus for controlling break points and reducing rip currents in wave pools wherein the third pool area (19) includes a cover (21), and the cover has perforations (openings of the grated floor, 21) to permit fluid to flow there through but prevent a body part from traversing the cover (col. 7, l. 57 – col. 8, l. 11). It would have been obvious to one of ordinary skill in the art to have modified the third pool area of the combination above, to have a cover as claimed, as taught by Lochtefeld ‘201, in order to allow water to pass while being suitable in size and shape to enable people to walk safely thereon in their bare feet (col. 7, l. 57 – col. 8, l. 11).
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 WILLIAM R KLOTZ whose telephone number is (571)272-0274. The examiner can normally be reached Monday-Thursday 11AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David P Angwin can be reached at (571)270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM R KLOTZ/ Examiner, Art Unit 3754
/DAVID P ANGWIN/ Supervisory Patent Examiner, Art Unit 3754
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