DETAILED ACTION
This action is responsive to application filed on 01/03/2024, in which claims 1-20 are pending.
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 § 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.
Claims 1-3, 6-7, 10, 12-13, and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Deep Dive Dubai (“Deepest Pool – Dive Deep Dubai Everything You Need to Know”, May 4, 2022) hereinafter referred as Dive in view of Kaplan (US 20130309019 A1)
With respect to claims 1:
Dive teaches:
A public playground facility for divers, the public playground facility comprising: an underwater area including a plurality of dive levels (“We explore an abandoned apartment where I stop for a quick bath (as you do) and nap on a bed. Descending deep, we pass an enormous tree with roots stretching down into the depths of the swimming pool. I feel as if nature is reclaiming this underwater city. We squeeze through openings and swim past graffiti walls and buildings with an urban edge; exploring the underwater city is cool. Our group is two divers and an instructor.”; also see Figure “freed diving at Dive deep dubai”, that shows multiple levels on different dive depth), wherein each said dive level including a different activity zone (“Surrounded by walls lined with books, we continue to descend to 30 meters. Leaving the library, we hover above the dark symmetrical hole that leads down to 60 meters, only accessible by qualified technical divers. It feels like an abyss. We discover a games arcade where we play foosball and pool and even have a mini workout with hefty weights I can barely lift.”); a retail shop having water related equipment for sale and [rent] (“Twenty minutes before I am due to dive, I meet my dive buddy Simon at reception, and we are both escorted to the dive shop. Staff greet us and size our dive gear, giving us a light wetsuit each. The dive equipment is top-rate. At the recommendation of the staff, I chose to dive with a backplate, though Scuba Pro jacket BCDs are also available. I haven’t dived with a backplate before, so I am happy to try it in such controlled conditions.”
“the dive equipment is first-rate and comfortable. No leaking mask, and I enjoyed diving with a backplate. It was an excellent opportunity to try different equipment, and I am annoyed I didn’t go back to the dive shop and buy a pair of their booties.”), wherein said water related equipment selected from a group consisting of a scuba equipment, a snorkeling equipment, and a swimming equipment (“Twenty minutes before I am due to dive, I meet my dive buddy Simon at reception, and we are both escorted to the dive shop. Staff greet us and size our dive gear, giving us a light wetsuit each. The dive equipment is top-rate. At the recommendation of the staff, I chose to dive with a backplate, though Scuba Pro jacket BCDs are also available. I haven’t dived with a backplate before, so I am happy to try it in such controlled conditions.”), and further wherein each said dive level is a dive area having a different depth (“Surrounded by walls lined with books, we continue to descend to 30 meters. Leaving the library, we hover above the dark symmetrical hole that leads down to 60 meters, only accessible by qualified technical divers. It feels like an abyss. We discover a games arcade where we play foosball and pool and even have a mini workout with hefty weights I can barely lift.”)
Dive doesn’t explicitly teach equipment for rent.
Kaplan teaches underwater equipment that must be rented or bought (“[0014] Scuba weights typically are made from cast lead and are manufactured in weight amounts typically between 1 and 5 pounds. They may be coated in rubber or plastic. Divers must buy or rent these weights in different configurations depending on the type of dive.”)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to incorporate renting and buying as taught by Submerged into Dive.
One would be motivated to do so to rent or buy equipment according to their dive type. (See, para 0014)
With respect to claim 2:
Dive as modified by Kaplan teaches:
The public playground facility for divers of claim 1, Dive further teaches wherein each said activity zone having an obstacle for providing a challenge to the divers (“Surrounded by walls lined with books, we continue to descend to 30 meters. Leaving the library, we hover above the dark symmetrical hole that leads down to 60 meters, only accessible by qualified technical divers. It feels like an abyss. We discover a games arcade where we play foosball and pool and even have a mini workout with hefty weights I can barely lift. Dynamically designed, the chambers may be updated and transformed, keeping the dive exciting and ever-changing. The landscapes make an ideal film set; with its large editing room, the world’s deepest pool is a producer’s dream.” Note: the dive pool also have multiple activities at different depths that can serve as obstacles.)
With respect to claim 3:
Dive as modified by Kaplan teaches the public playground facility for divers of claim 1; Dive further teaches wherein said obstacles selected from a group consisting of a monkey bar, a swing pole, and a magnet activated ride (Fig “free diving at Dive Deep dubai” shows dive rope that can server as a swing pole; also Fig. “We begin our descent into..” shows ladder that can serve as monkey bar underwater)
With respect to claim 6:
Dive as modified by Kaplan teaches the public playground facility for divers of claim 1; Dive further teaches, further comprising an upper level above said plurality of dive levels, wherein said upper level is a dry area (“I receive a warm greeting at the security gate, where my booking is confirmed, and I am ushered through to the main building. A futuristic structure stands before me like a mirage in the desert, with water fountains dancing on either side. Its soft curves and sleek glass frontage embody the shape of an oyster shell. The building pays homage to Dubai’s pearl diving history. As the welcoming doors slide open, a large observation window draws my eye to a seating area looking directly into Dubai’s Deepest pool.”)
With respect to claim 7:
Dive as modified by Kaplan teaches the public playground facility for divers of claim 6; Dive further teaches, wherein said upper level is a restaurant (“If you feel peckish or need a coffee, find the lovely Equalize restaurant downstairs. The 80-seat restaurant feels clean, light, and spacious, with viewing windows into the pool, providing a meal and show as divers glide past.”)
With respect to claim 10:
Dive as modified by Kaplan teaches the public playground facility for divers of claim 6; Dive further teaches, wherein said upper level including said retail shop (“Twenty minutes before I am due to dive, I meet my dive buddy Simon at reception, and we are both escorted to the dive shop.”)
With respect to claim 12:
Dive as modified by Kaplan teaches the public playground facility for divers of claim 3; Dive further teaches wherein said obstacles further selected from a group consisting of a metal bar structure, a rock-climbing system, and a parkour (Fig. “we begin our descent.” shows ladder which is metal bar structure)
With respect to claim 13:
Dive as modified by Kaplan teaches the public playground facility for divers of claim 1; Dive further teaches wherein each said dive level corresponds to a diving experience level of the diver (“I am very keen to see if the experience is worth it. I complete a waiver and medical declaration online in advance and take my booking confirmation and PADI certification to Dubai’s Deepest pool.” Note: PADI certification is based on different level of diving experience, such as open water dive, Scuba diver, open water diver, rescue diver etc.)
With respect to claims 15:
Dive teaches:
A public playground facility for divers, the public playground facility comprising: an underwater area including a plurality of dive levels and an upper level (“We explore an abandoned apartment where I stop for a quick bath (as you do) and nap on a bed. Descending Deeper, we pass an enormous tree with roots stretching down into the depths of the swimming pool. I feel as if nature is reclaiming this underwater city. We squeeze through openings and swim past graffiti walls and buildings with an urban edge; exploring the underwater city is cool. Our group is two divers and an instructor.”; also see Figure “freed diving at Dive deep dubai”, that shows multiple levels on different dive depth), wherein each said dive level including a different activity zone (“Surrounded by walls lined with books, we continue to descend to 30 meters. Leaving the library, we hover above the dark symmetrical hole that leads down to 60 meters, only accessible by qualified technical divers. It feels like an abyss. We discover a games arcade where we play foosball and pool and even have a mini workout with hefty weights I can barely lift.”); a retail shop having water related equipment for sale and [rent] (“Twenty minutes before I am due to dive, I meet my dive buddy Simon at reception, and we are both escorted to the dive shop. Staff greet us and size our dive gear, giving us a light wetsuit each. The dive equipment is top-rate. At the recommendation of the staff, I chose to dive with a backplate, though Scuba Pro jacket BCDs are also available. I haven’t dived with a backplate before, so I am happy to try it in such controlled conditions.”
“the dive equipment is first-rate and comfortable. No leaking mask, and I enjoyed diving with a backplate. It was an excellent opportunity to try different equipment, and I am annoyed I didn’t go back to the dive shop and buy a pair of their booties.”), wherein said water related equipment selected from a group consisting of a scuba equipment, a snorkeling equipment, and a swimming equipment (“Twenty minutes before I am due to dive, I meet my dive buddy Simon at reception, and we are both escorted to the dive shop. Staff greet us and size our dive gear, giving us a light wetsuit each. The dive equipment is top-rate. At the recommendation of the staff, I chose to dive with a backplate, though Scuba Pro jacket BCDs are also available. I haven’t dived with a backplate before, so I am happy to try it in such controlled conditions.”); wherein each said dive level is a dive area having a different depth and a different size (“Surrounded by walls lined with books, we continue to descend to 30 meters. Leaving the library, we hover above the dark symmetrical hole that leads down to 60 meters, only accessible by qualified technical divers. It feels like an abyss. We discover a games arcade where we play foosball and pool and even have a mini workout with hefty weights I can barely lift.” Note: Pg. 6, figure shows different depth having different size); and further wherein said upper level is a dry area above said plurality of dive levels (“I receive a warm greeting at the security gate, where my booking is confirmed, and I am ushered through to the main building. A futuristic structure stands before me like a mirage in the desert, with water fountains dancing on either side. Its soft curves and sleek glass frontage embody the shape of an oyster shell. The building pays homage to Dubai’s pearl diving history. As the welcoming doors slide open, a large observation window draws my eye to a seating area looking directly into Dubai’s Deepest pool.”)
Dive doesn’t explicitly teach equipment for rent.
Kaplan teaches underwater equipment that must be rented or bought (“[0014] Scuba weights typically are made from cast lead and are manufactured in weight amounts typically between 1 and 5 pounds. They may be coated in rubber or plastic. Divers must buy or rent these weights in different configurations depending on the type of dive.”)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to incorporate renting and buying as taught by Submerged into Dive Deep Dubai.
One would be motivated to do so to rent or buy equipment according to their dive type. (See, para 0014)
With respect to claim 16:
Dive as modified by Kaplan teaches the public playground facility for divers of claim 15; Dive further teaches wherein each said activity zone having an obstacle for providing a challenge to the divers (“Surrounded by walls lined with books, we continue to descend to 30 meters. Leaving the library, we hover above the dark symmetrical hole that leads down to 60 meters, only accessible by qualified technical divers. It feels like an abyss. We discover a games arcade where we play foosball and pool and even have a mini workout with hefty weights I can barely lift. Dynamically designed, the chambers may be updated and transformed, keeping the dive exciting and ever-changing. The landscapes make an ideal film set; with its large editing room, the world’s Deepest pool is a producer’s dream.” Note: the dive pool also have multiple activities at different depths that can serve as obstacles.)
With respect to claim 17:
Dive as modified by Kaplan teaches the public playground facility for divers of claim 16; Dive further teaches wherein said obstacles selected from a group consisting of a monkey bar, a swing pole, a magnet activated ride, a metal bar structure, a rock-climbing system, and a parkour (Fig “free diving at Dive Deep dubai” shows dive rope that can server as a swing pole; also Fig. “We begin our descent into..” shows ladder that can serve as monkey bar underwater)
Claims 4-5, 8-9, 11, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Dive as modified by Kaplan in view of Submerged (“Aquarium Diving: What’s it like?”, January 11, 2017).
With respect to claim 4:
Dive as modified by Kaplan teaches:
The public playground facility for divers of claim 1; however, it doesn’t explicitly teach wherein one level of said plurality of dive levels having a marine exhibit including marine life.
Submerged teaches wherein one level of said plurality of dive levels having a marine exhibit including marine life (“A typical volunteer shift lasts 3-4 hours, and starts with getting briefed by aquarists on what needs to be done in an exhibit. Daily tasks can include feeding stingrays, sharks or sturgeon, cleaning the inside of a exhibit’s acrylic windows, siphoning the gravel bottom of an exhibit, or scrubbing the rock walls and underwater features.”)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to incorporate aquarium with marine life as taught by Submerged into Dive as modified by Kaplan.
One would be motivated to do so to provide marine caring and exhibit experience. (Submerged, “..anyone can join and get experience caring for the animal species and exhibits..”)
With respect to claim 5:
Dive as modified by Kaplan and Submerged teaches:
The public playground facility for divers of claim 4; however, it doesn’t explicitly teach wherein said marine life having touchable marine animals.
Submerged further teaches wherein said marine life having touchable marine animals (“A typical volunteer shift lasts 3-4 hours, and starts with getting briefed by aquarists on what needs to be done in an exhibit. Daily tasks can include feeding stingrays, sharks or sturgeon, cleaning the inside of a exhibit’s acrylic windows, siphoning the gravel bottom of an exhibit, or scrubbing the rock walls and underwater features.”)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to incorporate aquarium with marine life as taught by Submerged into Dive as modified by Kaplan.
One would be motivated to do so to provide marine caring and exhibit experience. (Submerged, “..anyone can join and get experience caring for the animal species and exhibits..”)
With respect to claim 8:
Dive as modified by Kaplan and Submerged teaches:
The public playground facility for divers of claim 5; Dive further teaches wherein said plurality of dive levels having lights for illumination of said plurality of dive levels (“The pool is pristine, with not a whiff of chlorine (because there is none). Mood lighting and music underwater enhance the atmosphere; the water is a comfortable 30° Celsius (86°F).” Note: we can also see from pictures that all the levels (depths) are illuminated)
With respect to claim 9:
Dive as modified by Kaplan and Submerged teaches:
The public playground facility for divers of claim 8; Dive further teaches wherein said plurality of levels having a cleaning system for periodic cleaning of said dive area (“Recognized by the Guinness World Records, its state-of-the-art filtration system meticulously purifies every molecule of water, completing a full cycle of cleaning every six hours.”)
With respect to claim 11:
Dive as modified by Kaplan and Submerged teaches:
The public playground facility for divers of claim 9; Dive further teaches wherein said water related equipment further selected from a group consisting of flippers, goggles, and pool toys (“Staff greet us and size our dive gear, giving us a light wetsuit each. The dive equipment is top-rate. At the recommendation of the staff, I chose to dive with a backplate, though Scuba Pro jacket BCDs are also available. I haven’t dived with a backplate before, so I am happy to try it in such controlled conditions.” Note: scuba gear has goggles and flippers (see Fig with bath))
With respect to claim 18:
Dive as modified by Kaplan teaches:
The public playground facility for divers of claim 15; however, it doesn’t explicitly teach wherein one level of said plurality of dive levels having a marine exhibit including marine life.
Submerged teaches wherein one level of said plurality of dive levels having a marine exhibit including marine life (“A typical volunteer shift lasts 3-4 hours, and starts with getting briefed by aquarists on what needs to be done in an exhibit. Daily tasks can include feeding stingrays, sharks or sturgeon, cleaning the inside of a exhibit’s acrylic windows, siphoning the gravel bottom of an exhibit, or scrubbing the rock walls and underwater features.”)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to incorporate aquarium with marine life as taught by Submerged into Dive as modified by Kaplan.
One would be motivated to do so to provide marine caring and exhibit experience. (Submerged, “..anyone can join and get experience caring for the animal species and exhibits..”)
With respect to claim 19:
Dive as modified by Kaplan and Submerged teaches:
The public playground facility for divers of claim 18; however, it doesn’t explicitly teach wherein said marine life having touchable marine animals.
Submerged further teaches wherein said marine life having touchable marine animals (“A typical volunteer shift lasts 3-4 hours, and starts with getting briefed by aquarists on what needs to be done in an exhibit. Daily tasks can include feeding stingrays, sharks or sturgeon, cleaning the inside of a exhibit’s acrylic windows, siphoning the gravel bottom of an exhibit, or scrubbing the rock walls and underwater features.”)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to incorporate aquarium with marine life as taught by Submerged into Dive as modified by Kaplan and Submerged.
One would be motivated to do so to provide marine caring and exhibit experience. (Submerged, “..anyone can join and get experience caring for the animal species and exhibits..”)
With respect to claims 20:
Dive teaches:
A public playground facility for divers, the public playground facility comprising: an underwater area including a plurality of dive levels, wherein each said dive level including a different activity zone (“We explore an abandoned apartment where I stop for a quick bath (as you do) and nap on a bed. Descending Deeper, we pass an enormous tree with roots stretching down into the depths of the swimming pool. I feel as if nature is reclaiming this underwater city. We squeeze through openings and swim past graffiti walls and buildings with an urban edge; exploring the underwater city is cool. Our group is two divers and an instructor.”; also see Figure “freed diving at Dive deep dubai”, that shows multiple levels on different dive depth); a retail shop having water related equipment for sale and [rent] (“Twenty minutes before I am due to dive, I meet my dive buddy Simon at reception, and we are both escorted to the dive shop. Staff greet us and size our dive gear, giving us a light wetsuit each. The dive equipment is top-rate. At the recommendation of the staff, I chose to dive with a backplate, though Scuba Pro jacket BCDs are also available. I haven’t dived with a backplate before, so I am happy to try it in such controlled conditions.”
“the dive equipment is first-rate and comfortable. No leaking mask, and I enjoyed diving with a backplate. It was an excellent opportunity to try different equipment, and I am annoyed I didn’t go back to the dive shop and buy a pair of their booties.”), wherein said water related equipment selected from a group consisting of a scuba equipment, a snorkeling equipment, and a swimming equipment (“Twenty minutes before I am due to dive, I meet my dive buddy Simon at reception, and we are both escorted to the dive shop. Staff greet us and size our dive gear, giving us a light wetsuit each. The dive equipment is top-rate. At the recommendation of the staff, I chose to dive with a backplate, though Scuba Pro jacket BCDs are also available. I haven’t dived with a backplate before, so I am happy to try it in such controlled conditions.”); wherein each said dive level is a dive area having a different depth and a different size (“Surrounded by walls lined with books, we continue to descend to 30 meters. Leaving the library, we hover above the dark symmetrical hole that leads down to 60 meters, only accessible by qualified technical divers. It feels like an abyss. We discover a games arcade where we play foosball and pool and even have a mini workout with hefty weights I can barely lift.” Note: Pg. 6, figure shows different depth having different size); wherein each said dive level is a dive area (Pg. 6, Figure shows all dive levels (depths) are dive area)
However, it doesn’t explicitly teach equipment for rent; wherein one level of said plurality of dive levels having a marine exhibit including marine life; and further wherein said marine life having touchable marine animals.
Kaplan teaches underwater equipment that must be rented or bought (“[0014] Scuba weights typically are made from cast lead and are manufactured in weight amounts typically between 1 and 5 pounds. They may be coated in rubber or plastic. Divers must buy or rent these weights in different configurations depending on the type of dive.”)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to incorporate renting and buying as taught by Submerged into Dive.
One would be motivated to do so to rent or buy equipment according to their dive type. (See, para 0014)
Submerged teaches wherein one level of said plurality of dive levels having a marine exhibit including marine life (“A typical volunteer shift lasts 3-4 hours, and starts with getting briefed by aquarists on what needs to be done in an exhibit. Daily tasks can include feeding stingrays, sharks or sturgeon, cleaning the inside of a exhibit’s acrylic windows, siphoning the gravel bottom of an exhibit, or scrubbing the rock walls and underwater features.”); and further wherein said marine life having touchable marine animals (“A typical volunteer shift lasts 3-4 hours, and starts with getting briefed by aquarists on what needs to be done in an exhibit. Daily tasks can include feeding stingrays, sharks or sturgeon, cleaning the inside of a exhibit’s acrylic windows, siphoning the gravel bottom of an exhibit, or scrubbing the rock walls and underwater features.”)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to incorporate aquarium with marine life as taught by Submerged into Dive as modified by Kaplan.
One would be motivated to do so to provide marine caring and exhibit experience. (Submerged, “.anyone can join and get experience caring for the animal species and exhibits.”)
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Dive as modified by Kaplan and further in view of Official Notice.
With respect to claim 14:
Dive as modified by Kaplan teaches the public playground facility for divers of claim 2; and Dive further teaches wherein said plurality of dive levels having [blacklights], and further wherein said obstacles are [neon] (“The pool is pristine, with not a whiff of chlorine (because there is none). Mood lighting and music underwater enhance the atmosphere”; also see different figures with different obstacles having lights (structures underwater))
Though article teaches Dive having lights on all levels, and on different structures; it doesn’t explicitly state the colors or types of the lights being placed.
Since the lighting system is already available underwater, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to incorporate backlights and neon lights on any structure in the Dive. It is simply replacing one light for another; also, it is possible that Dive Dive Dubai already have these features, and article is silent as the article is merely experience of a Diver.
One would be motivated to do so to provide lighting that is low intensity and cause material to glow. (Blacklights/UV-A common uses)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20210079677 A1: “A diving pool includes a first tiered section extending to a first depth of the diving pool, a second tiered section extending to a second depth of the diving pool that is deeper than the first depth, and a cover. The cover can be releasably positioned within the diving pool at a depth of the diving pool to isolate a shallower portion of the diving pool above the cover at the depth from a deeper portion of the diving pool below the cover at the depth.”
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/WASEEM ASHRAF/Supervisory Patent Examiner, Art Unit 3621