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 .
Response to Arguments
Applicant's arguments filed on 5/5/2026 have been fully considered but they are not persuasive for at least the following reasons:
(1) The rejection relies on the combined teachings of ‘951 and ‘041, not simply on ‘951 alone. ‘951 discloses the stage motion control system, including the console, space device, motion path display and simulation, real time movement information, and control of the motion devices. ‘041 discloses automatically generating and displaying a modified path from an original path using motion parameters. Together, the combination of ‘951 in view of ‘041 adequately suggests the amendment limitation of automatically generating an adjusted second motion path that includes a real time prediction of the theatrical object’s position; and
(2) With respect to claims 2 and 12, applicant’s arguments are not persuasive because they focus on the references separately, while the rejection is based on their combined teachings. ‘951 discloses the stage motion system and real time path display and simulation; ‘041 discloses automatically generating and displaying the modified path; and ‘711 discloses the displayed cloud zone. Together, the combination of references (‘951, in view of ‘041, in further view of ‘711) adequately suggests the claimed features.
Claim Rejections - 35 USC § 103 (maintained)
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 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.
Claims 1, 3-11 and 13-23 are rejected under 35 U.S.C. 103 as being unpatentable over FISHER, U.S. Patent Application Publication No. 2013/0310951 A1 (hereinafter: ‘951), in view of Groth et al., U.S. Patent Application Publication No. 2023/0202041 A1 (hereinafter: ‘041).
As per claim 1, ‘951 in view of ‘041 discloses a method to control motion of a theatrical object, the method comprising:
providing a plurality of axis nodes and an operator console node in communication with each other over a real time network, each axis node of the plurality of axis nodes corresponds to at least one device for control of motion of a theatrical object, each axis node of the plurality of nodes and the operator console node comprise a microprocessor and a memory device, the operator console node further comprises a sunstone tool and a space device (e.g., See ‘951; [0006], [0007] and [0050], which disclose a plurality of networked control nodes, over a real time network, that includes an operator console node and plural axis nodes, wherein each node has a processor and memory, wherein each axis node is connected to motion equipment for controlling the motion of a theatrical object. Further, in [0077] and [0079], the operator console uses a space device that gives the operator a 3D view of motion. Further, in [0084], [0086] and [0110], the space device utilizes motion profile editing and simulation of motion paths and collision warning using object envelopes, the editing and simulation functions are interpreted to correspond to the claimed sunstone tool);
defining a first motion path for the theatrical object with a first operator interface of the space device (e.g., See ‘951; [0007], which discloses that the space display device includes a first operator interface that lets the operator define a movement path for a theatrical object in a predefined space);
providing one or more object movement parameters to the sunstone tool (e.g., See ‘951; [0080] and [0085], which disclose allowing the operator to input movement parameters (i.e. acceleration, deceleration, velocity and timing) into control software to define the motion of the object);
defining an adjusted second motion path for the theatrical object with the sunstone tool in response to the one or more object movement parameters and the first motion path (e.g., Although ‘951 discloses allowing an operator to define and modify a first motion path using timing, acceleration, velocity, and related motion parameters, and further discloses real-time simulation and display of predicted object movement for collision analysis (See ‘951; [0080], [0085], [0086] [0094] and [0110]), ‘951 does not adequately disclose automatically generating a separate adjusted second motion path from the first motion path and object movement parameters. ‘041 discloses these missing features (See ‘041; [0016], [0028] and [0043], which disclose generating a modified trajectory from a nominal path based on motion parameters such as acceleration. Thus, the combination discloses automatically generating an adjusted second motion path that includes a real-time prediction of the theatrical object’s positioning);
displaying the first motion path and the adjusted second motion path for the theatrical object with a display device to an operator (e.g., Although ‘951 discloses displaying the motion path in the space display device during simulation and allows for on screen changes to be made (See [0007], [0079] and [0086]), ‘951 does not adequately disclose displaying both the first path and the separate second path to the operator. ‘041 discloses these missing features (See [0016] and [0041], which disclose visualizing a nominal path and visualizing a modified path on the display));
selecting a live motion path from the group consisting of the first motion path, the adjusted second motion path and combinations thereof (e.g., Although ‘951 discloses the operator choosing motion cues and being able to switch from simulation to live execution (See [0007], [0073] and [0079]), ’951 does not adequately disclose the operator selecting a live path from either the original path or the modified path. ‘041 discloses this missing feature (See [0016], [0074] and [0075], which disclose the operator selecting, saving then running the modified path);
processing the live motion path for the theatrical object and determining the relationship between the theatrical object and the plurality of devices to generate one or more control instructions to control operation of the devices to move the theatrical object along the live motion path (e.g., See ‘951; [0007], [0008] and [0086], which disclose using the chosen live path, and how the object connects to motors, to create commands for each motor to move the object); and
providing motion to the devices with the control instructions to move the theatrical object along the live motion path (e.g., See ‘951; [0008], which discloses the system converting the motion profile into control instructions and provides them to the axis nodes that drive the motors to move the theatrical object along the selected live path).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to incorporate the teachings of ‘041 into ‘951 so that operators can make, view, and pick safer, smoother motion path(s) before running the actual show, which helps avoid unexpected moves and reduces the chance of collisions.
As per claim 3, ‘951 in view of ‘041 further discloses that the first motion path is entered via first operator interface as a preprogrammed motion path, a path generated manually from a joystick or a path inputted from a manual control mechanism to the space device (e.g., See ‘951; [0084] and [0102], which disclose inputting a preprogrammed motion profile, or using a joystick to manually generate a path, and importing it into the space device).
As per claim 4, ‘951 in view of ‘041 further discloses that the adjusted second motion path is entered via a second operator interface as a preprogrammed motion path, a path generated manually from a joystick or a path inputting from a manual control mechanism to the sunstone tool (e.g., See ‘951; [0079], [0084] and [0102]; Also see ‘041; [0073] – [0074], which collectively disclose entering motion paths via operator interfaces (including via joystick control of ‘951), whereby changes are saved as an adjusted path).
As per claim 5, ‘951 in view of ‘041 further discloses selecting a live motion path from the group consisting of the first motion path, the adjusted second motion path and combinations thereof includes manual selection by the operator or automatic selection via a preprogrammed or reactive code or instructions (e.g., See ‘951; [0061], [0064], [0073] and [0074], which disclose an operator being able to manually select motion cues and automatically trigger cues, via preprogrammed rules and conditions).
As per claim 6, ‘951 in view of ‘041 further discloses providing one or more sensors that generate at least one of the one or more object movement parameters for the theatrical object (e.g., See ‘951; [0045], which discloses using sensors, such as encoders and load cells, to generate movement data for controlling motion of the theatrical object).
As per claim 7, ‘951 in view of ‘041 further discloses that the sensor further provides the at least one of the one or more object movement parameters for the theatrical object, in real-time, to the sunstone tool (e.g., See ‘951; [0045] and [0072], which disclose the encoders and load cells providing real time movement data over a network to operator console software).
As per claim 8, ‘951 in view of ‘041 further discloses that the object movement parameter is selected from the group consisting of position of the theatrical object, jerk of the theatrical object, velocity of the theatrical object, acceleration of the theatrical object, cable tension, g-forces of the theatrical object, venue dimensions, position of obstacles, floating counterweights, boundary condition stiffness, and combinations thereof (e.g., See ‘951; [0087] and [0094], which disclose using motion parameters (position, velocity, acceleration, and jerk) with sensed feedback and obstacle positions, for determining potential collisions).
As per claim 9, ‘951 in view of ‘041 further discloses that the device is a winch, a lift, or a motor (e.g., See ‘951; [0010], [0053] and [0073], which disclose motion devices (winches, hoists and a lift), and motors as axis machinery used to move the theatrical objects.
As per claim 10, ‘951 in view of ‘041 further discloses that the theatrical object is a flying performer (e.g., See ‘951; [0113], which discloses a performer being flown by a winch in a theatrical production).
As per claim 11, the rational as set forth in the rejection of claim 1, from above, is applied herein. Further, with respect to the amended features of “an axis node or the plurality of”, these features are adequately taught by ‘951 (e.g., See [0006], [0007] and [0050], which disclose a plurality of networked control nodes including axis nodes, wherein each node corresponds to motion equipment or devices used to control motion of a theatrical object.
As per claim 13, ‘951 in view of ‘041 further discloses that the sunstone tool is enabled to communicate the adjusted second motion path to the space device to display the first motion path and the adjusted second motion path for the theatrical object to at least one axis node of the plurality of axis nodes (e.g., See ‘041; [0016] and [0041], which discloses visualizing the nominal (first) path and visualizing the modified path on the display).
As per claim 14, ‘951 in view of ‘041 further discloses that the second operator interface is enabled to select the live motion path and communicates the live motion path such that the axis node processes the live motion path for the theatrical object and the relationship between the theatrical object and the plurality of devices to generate one or more control instructions to control operation of the plurality of devices to move the theatrical object along the live motion path (e.g., See ‘951; [0073] and [0079], which disclose the selection of a live motion path via the operator interface; also ‘041; [0074] – [0075], which disclose selecting, saving and running the modified path; also See ‘951; [0007] and [0008], which disclose communicating the selected live path so an axis node can run it; in combination these teachings disclose the operator selecting the live run path, and the system sending it to the controller, which generates motor commands to move the object).
As per claim 15, the rational as set forth in the rejection of claim 3, from above, is applied herein.
As per claim 16, the rational as set forth in the rejection of claim 4, from above, is applied herein.
As per claim 17, the rational as set forth in the rejection of claim 5, from above, is applied herein.
As per claim 18, ‘951 in view of ‘041 further discloses that the first operator interface is enabled to permit an operator to define the first motion path for the theatrical object in the predefined space (e.g., see ‘951; [0007], which discloses the systems 3D screen letting the operator draw the object’s path inside the area of the stage).
As per claim 19, the rational as set forth in the rejection of claim 6, from above, is applied herein.
As per claim 20, the rational as set forth in the rejection of claim 7, from above, is applied herein.
As per claim 21, the rational as set forth in the rejection of claim 8, from above, is applied herein.
As per claim 22, the rational as set forth in the rejection of claim 9, from above, is applied herein.
As per claim 23, the rational as set forth in the rejection of claim 10, from above, is applied herein.
Claims 2 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over FISHER, U.S. Patent Application Publication No. 2013/0310951 A1 (hereinafter: ‘951), in view of Groth et al., U.S. Patent Application Publication No. 2023/0202041 A1 (hereinafter: ‘041), as applied to claims 1 and 11, from above (the combination hereinafter: ‘951’s combined system), and further in view of Chang et al., U.S. Patent Application Publication 2009/0326711 A1 (hereinafter: ‘711).
As per claim 2, although ‘951’s combined system discloses an adjusted path from parameters and the first path, and displaying path information to an operator, ‘951’s combined system does not adequately disclose defining a cloud zone for the adjusted second motion path with the sunstone tool in response to the one or more object movement parameters and the first motion path and displaying the cloud zone with the display device to an operator.
‘711 discloses these features (e.g., See ‘711; [0004], [0014] and [0027], which disclose defining an occupied zone based on a programmed path and speed and displaying it to an operator).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to incorporate the teachings of ‘711 into ‘’951’s combined system for the purpose of allowing the system to show a 3D safety bubble around the planned or adjusted path, thereby letting operators spot collision risks early so they can be quickly fixed before running the live show.
As per claim 12, the rational as set forth in the rejection of claim 2, from above, is applied herein.
Conclusion
THIS ACTION IS MADE FINAL. 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 RONALD D HARTMAN JR whose telephone number is (571)272-3684. The examiner can normally be reached M-F 8:30 - 4:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached at (571) 272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RONALD D HARTMAN JR/Primary Patent Examiner, Art Unit 2119 July 6, 2026
/RDH/
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