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 .
Claim Rejections - 35 USC § 103
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.
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Chen (10,702,785).
In re. claims 1-3, 6-9, and 20, with reference to Figures 1 and 7 and col. 7 lines 5-30, Chen discloses a hybrid inflatable park, comprising: an inflatable park region comprising a plurality of inflatable attractions (inflatable modules), wherein the inflatable park region comprises at least one inflatable chamber disposed between a play layer and a ground layer, the inflatable park region defining a well (notches); and a framed play module (framing unit) comprising a footing (See Figure 7, 88) forming part of a framed structure, wherein the footing extends into the well and wherein a skirt (flap) extends from the inflatable park region to the footing, the plurality of inflatable attractions comprises an inflatable module coupled with the framed play module by the skirt, and the inflatable module extends into the framed play module (see Figures), wherein the skirt covers a gap in the well between the inflatable park region and the footing, the skirt could be considered to comprise a sandwich enclosure enclosing a flap as well as opposed sandwich flaps, an inward-facing fastener of the sandwich enclosure encloses an outward-facing fastener of the flap (See Figure 7). The examiner contends that the flap closure feature which closes the gap formed by the notch meets the “skirt” limitation as claimed. However, if the flap structure of Chen does not disclose a “skirt”, the Examiner contends that the mere presence of a generic “skirt” extending material around a support post for the benefit of providing a means for connection or to provide a protective safety feature is old and well-known in the art therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided any gaps between the frame members with a skirt to provide a safety feature to prevent injury.
In re claims 4-5, with reference to Figures 1 and 2 and col. 5 line 40 to col.6 line 25, Chen appears to disclose embodiments which could be considered to comprise an elevated platform, however if not, the mere addition of a second story “elevated platform” in a play area is old and well-known in the art for the purpose of maximizing play area and encouraging climbing. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the play park to include an inflatable module extending into an elevated platform of a frame module and including a second skirt to provide the same safety feature, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
In re claims 10-11, with reference to Figures 1 and 2 and col. 5 line 40 to col.6 line 25, Chen appears to disclose an anchor portion. However if not, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided any known, suitable safety feature including an anchor strap in order to ensure a safe play environment.
In re claims 12-19, with reference to Figures 1 and 7 and col. 7 lines 5-30, Chen discloses the plurality of inflatable attractions is formed as a plurality of interconnected inflatable modules, a first inflatable module defines a first portion of the well, wherein a second inflatable module defines a second portion of the well, wherein the well is a first well and the footing is a first footing, wherein a first inflatable module defines the first well, wherein a second inflatable module defines a second well, wherein the first footing extends into the first well, and wherein a tower of the framed play module extends into the second well, wherein the well extends through the play layer and the ground layer of the inflatable park region, the well is a recess within the inflatable park region, wherein the recess is a blind recess, wherein the well is an opening extending through the inflatable park region, and wherein a side panel connecting the play layer and the ground layer defines the well.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA L PERRY whose telephone number is (571)270-3113. The examiner can normally be reached Monday-Friday 10am-6pm.
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/MONICA L PERRY/Primary Examiner, Art Unit 3644