Prosecution Insights
Last updated: August 02, 2026
Application No. 18/568,376

SPECIAL EFFECTS ENTERTAINMENT SYSTEM

Final Rejection §102§112
Filed
Dec 08, 2023
Priority
Aug 19, 2021 — nonprovisional of PCTUS2021046706 +1 more
Examiner
WALTER, AUDREY BRADLEY
Art Unit
3711
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Lumma LLC
OA Round
2 (Final)
81%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
955 granted / 1178 resolved
+11.1% vs TC avg
Strong +24% interview lift
Without
With
+23.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
30 currently pending
Career history
1202
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
56.4%
+16.4% vs TC avg
§102
12.9%
-27.1% vs TC avg
§112
27.1%
-12.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1178 resolved cases

Office Action

§102 §112
DETAILED ACTION This Office action is in response to amendments received 22 May 2026. 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 . Drawings The drawings were received on 22 May 2026. These drawings are accepted. Claim Objections Claims 59-60 are objected to because of the following informalities: Regarding claim 59, line 14, “and environmental smoke effect generator” should be deleted since an environmental smoke effect generator was already introduced in lines 11-12. 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. Claims 43-45 and 60-61 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claims 43-45 and 60-61, the word "if" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). It is suggested to delete the word “if” from these claims to positively recite that the special effects cabinet or the set of environmental special effects generators comprise the recited limitation(s) to remedy this rejection. The examiner would like to point out that the word “if” in claims 42 and 59 is not indefinite since it is clear that the special effects cabinet or the set of environmental special effects generators can comprise other structures. 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)(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. Claims 59-61 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Park (US 2022/0258062 A1; hereinafter Park). Regarding claim 59, Park discloses an environmental special effects box [410] for use with a plurality of audiovisual sources (paragraph 0076: “a projection means such as a beam projector” and “[i]n addition, a screen such as a wall-mounted TV or LED billboard whose screen 200 projects an image may be disposed as the projection unit in addition to the projection means”; also see paragraph 0078 “a size of the sound” where the 4D screen shooting range must include a speaker), and with a user console [416, 417], the environmental special effects box [410] comprising: a set of environmental special effects generators [415, 419, 430, 461]; a controller (see Figures 11A-11B; wherein the system inherently includes a controller to execute the associated programming) configured to selectively communicate with one of the plurality of audiovisual sources (paragraph 0076: “a projection means such as a beam projector” and “[i]n addition, a screen such as a wall-mounted TV or LED billboard whose screen 200 projects an image may be disposed as the projection unit in addition to the projection means”; also see paragraph 0078 “a size of the sound” where the 4D screen shooting range must include a speaker) and with the user console [416, 417], said controller being configured to receive an input signal [S40] based on an audiovisual signal from the selected audiovisual source or from the user console [416, 417] and to send a set of synchronized signals [S50] to the set of environmental special effects generators [415, 419, 430, 461] contained therein in response to the received audiovisual signal or the received signal [S40] from the console [416, 417]; wherein said set of environmental special effect generators [415, 419, 430, 461] contained in the environmental special effects generator box [410] comprise at least one of: an environmental smoke effect generator, an environmental light effect generator [461], an environmental wind effect generator, an environmental aroma effect generator, an environmental water spray effect generator [419] (wherein fog is a suspension of water droplets or “water spray”), and environmental smoke effect generator; wherein if the set of environmental special effects generators comprise the environmental smoke effect generator (Park’s system does not include a smoke effect generator, therefore the following limitations are not addressed), said environmental smoke effect generator comprises a water tank to store water, and wherein the water tank contains an ultrasonic transducer inserted into a floating device and wherein the ultrasonic transducer vibrates at an ultrasonic frequency breaking the water particles in the water tank to generate mist that simulates smoke; and wherein the environmental smoke effect generator also comprises a turbine blower that pushes the mist to an air outlet port of the environmental special effects box [410]; wherein the set of environmental special effects generators [415, 419, 430, 461] are capable of generating all the environmental special effects autonomously free of requiring a continuous and fixed external water or air supply connection (wherein the setting box [410] houses the special effects) (paragraphs 0068, 0076-0078, 0087-0091, 0095-0097, 0123-0127, and Figures 1-4C, 6, and 9-11B). Regarding claim 60, Park discloses the environmental special effects box according to claim 59, wherein if the set of environmental special effects generators comprise the environmental smoke effect generator and the environmental water spray effect generator (Park’s system does not include a smoke effect generator, therefore the following limitations are not addressed), the environmental smoke effect generator shares the water tank with the environmental water spray effect generator. Regarding claim 61, Park discloses the environmental special effects box according to claim 59, wherein if the set of environmental special effects generators comprise the environmental smoke effect generator, the environmental aroma effect generator, and the environmental wind effect generator (Park’s system does not include a smoke effect generator, and aroma effect generator, or a wind effect generator, therefore the following limitations are not addressed), the environmental smoke effect generator shares the turbine blower with the environmental aroma effect generator and with the environmental wind effect generator. Allowable Subject Matter Claims 40-42, 46-58, and 62-63 are allowed. Claims 43-45 would be allowable if rewritten, as suggested by the examiner above, to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, set forth in this Office action. The following is a statement of reasons for the indication of allowable subject matter: Regarding claims 40 and 58, the combinations including each special effects cabinet comprising an integrated water tank and an integrated air compressor or turbine device capable of generating the special effects autonomously free of requiring a continuous and fixed external water or air supply connection in the inventions as claimed are neither disclosed nor rendered obvious by the prior art. Regarding claim 62, the combination including providing a menu to a user to select a mode from: a cinema mode, a gaming mode, a relaxing mode, and a simulator mode in the invention as claimed is neither disclosed nor rendered obvious by the prior art Response to Arguments Applicant’s arguments, see page 13 of the Remarks, filed 22 May 2026, with respect to the 35 U.S.C. 102 rejection of claim 62 have been fully considered and are persuasive. The rejection of claim 62 has been withdrawn and the claim is in condition for allowance. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Huang (CN 211349423 U), Tan et al. (CN 208371329 U), and Li (CN 207640968 U) which all disclose similar motion chairs but none disclose or render obvious a dedicated cabinet containing both an integrated water tank and an integrated air compressor or turbine device. 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 AUDREY B. WALTER whose telephone number is (571)270-5286. The examiner can normally be reached Monday - Friday: 8:30 am - 4:30 pm. 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, Eugene Kim can be reached at (571)272-4463. 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. /AUDREY B. WALTER/Primary Examiner, Art Unit 3711
Read full office action

Prosecution Timeline

Dec 08, 2023
Application Filed
Feb 23, 2026
Non-Final Rejection mailed — §102, §112
May 22, 2026
Response Filed
Jun 10, 2026
Final Rejection mailed — §102, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
81%
Grant Probability
99%
With Interview (+23.7%)
2y 4m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1178 resolved cases by this examiner. Grant probability derived from career allowance rate.

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