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 1/22/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim(s) 3-4 and 10-11 is/are objected to because of the following informalities:
In claim 3, line 4, claim 4, line 3, claim 4, line 5, and claim 11, line 2, “centre” should read --center--.
In claim 10, line 2, “energise” should read --energize--.
Appropriate correction is required.
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.
Claim(s) 1-14 and 17-19 is/are 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 pre-AIA the applicant regards as the invention.
Claim 1 recites ”the wave former” in line 7. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the wave former” recited in claims 1-4, 6, and 8 is interpreted to read --the at least one wave former--.
Claim 1 recites “a standing wave” in lines 14-15. It is unclear if this language is referring to the standing wave recited in claim 1, line 8, or an additional standing wave. For examination purposes, “a standing wave” is interpreted to read --the standing wave--.
Claim 4 recites “a centre” in line 5. It is unclear if this language is referring to the center recited in claim 4, line 3, or an additional center. For examination purposes, “a centre” is interpreted to read --the center--.
Claim 4 recites “a periphery” in line 5. It is unclear if this language is referring to the periphery recited in claim 4, lines 3-4, or an additional periphery. For examination purposes, “a periphery” is interpreted to read --the periphery--.
Claim 5 recites “the wave formers” in line 4. It is unclear if this language is referring to the at least one wave former recited in claim 1, line 6, or the plural wave formers recited in claim 5, line 2. For examination purposes, “the wave formers” is interpreted to read --the plural wave formers--.
Claim 18 recites “the pump” in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the pump” is interpreted to read --the at least one water pump--.
Claim 19 recites “the water outlet” in lines 7-8. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the water outlet” is interpreted to read --a water outlet--.
Claim 19 recites “the stream of water” in line 8. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the stream of water” is interpreted to read --a stream of water--.
Claim 19 recites “the wave former” in line 10. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the wave former” in claim 19 is interpreted to read --the at least one wave former--.
Any remaining dependent claim(s) are indefinite insofar as they depend on a rejected base claim.
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) 1-14 and 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Benham (US 20090285633).
Regarding claim 1, Benham discloses a wave generating installation configured to generate a wave in water, the installation including:
a pool (9) which houses a body of water (body of water of 9);
a carousel (60) provided in the pool and configured to rotate (¶ 0089) about an upright axis of rotation (axis of rotation of 2);
at least one wave former (vertical portions of 60) fixed relative to the carousel and therefore configured to rotate with the carousel (¶ 0089; see Fig. 11), wherein the wave former is configured to form an incoming stream of water (shown by arrows 62) into a standing wave (13);
a water outlet (outlets between 49) spaced away from the wave former (see Fig. 11), the water outlet being configured to direct a stream of water (shown by arrows 62) over part of the carousel towards the wave former (see Fig. 11); and
at least one water pump (3, 47) connected via a water conduit (17) to the water outlet (see Fig. 11), thereby to produce the stream of water (see Fig. 11; ¶ 0089),
wherein the installation is configured to direct the stream of water over the rotating carousel towards the wave former (shown by arrows 62; see Fig. 11), thereby to generate the wave which is a standing wave relative to the carousel but which rotates with the carousel (¶ 0089); and
wherein the stream of water is drawn from the body of water (shown by arrows 62; see Fig. 11) and tail water returns to the body of water (shown by arrows 62; see Fig. 11), in a circular and repeating loop (loop shown by arrows 62; see Fig. 11; ¶ 0089).
Regarding claim 2, Benham discloses the water outlet is configured to rotate with the carousel (¶ 0089), such that the stream of water remains directed at the wave former while the carousel rotates (¶ 0089).
Regarding claim 3, Benham discloses the wave former is provided at a periphery (periphery of 60) of the carousel (see Fig. 11); and
the water outlet is provided at a center (center of 60) of the carousel inwardly of the wave former (see Fig. 11) and is configured to direct the stream of water outwardly towards the wave former (shown by arrows 62; see Fig. 11).
Regarding claim 4, Benham discloses the water outlet is elongate (see Fig. 11) and is provided on the carousel between a center (center of 60) and a periphery (periphery of 60) thereof (see Fig. 11);
the wave former is also provided on the carousel between a center (center of 60) and a periphery (periphery of 60) thereof (see Fig. 11), the water outlet being configured to direct the stream of water circumferentially towards the wave former (shown by arrows 62, see Fig. 11; ¶ 0089).
Regarding claim 5, Benham discloses plural water outlets (outlets between 49) and plural wave formers (vertical portions of 60; ¶ 0089) spaced circumferentially apart (see Fig. 11), wherein the water outlets are configured to direct respective water streams to the wave formers (shown by arrows 62; see Fig. 11; ¶ 0089).
Regarding claim 6, Benham discloses wherein the water outlet is configured to create sheet flow of water (shown by arrows 62) over a water flow zone (zone over the horizontal portion of 60) of the carousel arranged between the water outlet and the wave former (see Fig. 11).
Regarding claim 7, Benham discloses wherein the carousel defines at least one raised zone (zone near 9) rotationally adjacent to the water flow zone (see Fig. 11), the water flow zone being in the form of a trough (trough near 13) being depressed or lowered compared to the adjacent raised zone (see Fig. 11).
Regarding claim 8, Benham discloses wherein the water outlet emits water around most or all of a rotational area (rotational area of 60) of the carousel (shown by arrows 62; see Fig. 11; ¶ 0089, but the stream of water directed towards the wave former includes more water than water emissions (emissions directly upwards from 2) not directed to the wave former (see Fig. 11; ¶ 0089).
Regarding claim 9, Benham discloses wherein the stream of water has a positive flow rate (the stream of water shown by arrows 62 is pumped; see Fig. 11; ¶ 0055, 0089) and a raised pressure head (the stream of water shown by arrows 62 is pumped; see Fig. 11; ¶ 0055, 0089) upon being emitted from the water outlet (see Fig. 11; ¶ 0089).
Regarding claim 10, Benham discloses wherein the carousel is configured to energize the stream of water additionally by downward gravitational flow and/or by Coriolis effect (by the inertia of the water on 60; see Fig. 11; ¶ 0026, 0037, 0089).
Regarding claim 11, Benham discloses which includes a hub (48) at a center (center of 60) of the carousel.
Regarding claim 12, Benham discloses the hub is integrated with or fixed to the carousel (see Fig. 11; ¶ 0089), the hub thereby being configured to rotate with the carousel (see Fig. 11; ¶ 0089); or
the carousel is displaceable relative to the hub and the hub is fixed, the carousel thus being configured to rotate around the hub.
Regarding claim 13, Benham discloses in which the hub accommodates the water outlet (see Fig. 11; ¶ 0089).
Regarding claim 14, Benham discloses wherein the water outlet is on or in the carousel (see Fig. 11; ¶ 0089).
Regarding claim 17, Benham discloses a hyperbaric seal (65-66) provided between the carousel and the body of water (65-66 may be used if the wave generating device is installed in a lake, river, ocean, or bay as shown in Fig. 4; ¶ 0070, 0089, 0091).
Regarding claim 18, Benham discloses wherein the pump includes vanes (vanes of 47) attached to the carousel (via 2, 56), such that rotation of the carousel in or on the body of water causes a pumping action (see Fig. 11; ¶ 0089).
Regarding claim 19, Benham discloses a method of generating a wave in water, the method including:
rotating a carousel (60; ¶ 0089), provided in a pool (9) which houses a body of water (body of water of 9), about an upright axis of rotation (axis of rotation of 2);
providing at least one wave former (vertical portions of 60) fixed relative to the carousel and therefore configured to rotate with the carousel (¶ 0089; see Fig. 11);
pumping, with at least one water pump (3, 47) via a water conduit (17), water to the water outlet (outlets between 49), thereby to produce the stream of water (shown by arrows 62, see Fig. 11; ¶ 0089);
directing the stream of water from the water outlet, which is spaced away from the wave former, over part of the carousel towards the wave former (shown by arrows 62, see Fig. 11; ¶ 0089);
forming, by the wave former, the stream of water into a standing wave (13) relative to the carousel but which rotates with the carousel (see Fig. 11; ¶ 0089); and
drawing the stream of water from the body of water (shown by arrows 62; see Fig. 11) and returning tail water (shown by arrows 62; see Fig. 11) to the body of water, in a circular and repeating loop (loop shown by arrows 62; see Fig. 11; ¶ 0089).
Conclusion
The prior art made of record in the PTO-892 form and not relied upon is considered pertinent to applicant's disclosure.
Mladick (US 20170080348) is directed to the state of the art as disclosing a submerged wave generation system wherein the entire submerged platform (220) may be rotated to generate waves and the submerged platform may comprise wave generating structures (¶ 0033).
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
WILLIAM R. KLOTZ
Examiner
Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754