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 .
Terminal Disclaimer
The terminal disclaimer filed on 12/17/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of Patents 8434966, 10280340, 11472780, 11131107, 13612256, 9103133, 11660546 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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 2-4 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.
Claim 2 recites the limitation "the region" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the area" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claims 3 and 4 recites the limitation "the floor" in line 1. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baker (US Patent 4,276,664) in view of Bastenhof (US Patent 4,515,500).
Regarding Claim 1, Baker shows an aquatic sports apparatus, comprising: a pool (Fig.3) comprising a beach edge (near S1; Fig.3a); a plurality of pneumatic wave generating chambers (15; Fig. 1 & 3A)) constructed to release water into the pool (column 6 lines 55-67) and draw water from the pool (Fig.2), the plurality of chambers positioned opposite to the beach edge (Fig.3A). to create a rideable wave the device actuates a first chamber in the plurality to draw water from the pool to create a trough (column 4 lines 65-67 – column 5 lines 1-5). After a delay, actuating the second chamber in the plurality to draw from the pool to create a trough (Fig.1.; column 4 lines 65-67 – column 5 lines 1-5; the water is drawn out of the pool and into the chamber creating a trough). Baker fails to show a wave sequence profile. Bastenhof teaches a wave sequence profile comprising instructions to actuate the chambers in the plurality chambers according to a sequence (column 2 lines 49-64); and a controller (76) connected to the plurality of chambers, and constructed to perform the following steps to create a ridable wave with a peak: a. actuating a first chamber in the plurality to draw water from the pool based on the wave sequence profile; b. after a delay, actuating the second chamber in the plurality to draw from the pool based on the wave sequence profile (column 2 lines 49-64). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a wave sequence profile in order to create the desired wave.
Regarding Claim 2, Baker shows the apparatus of claim 1, wherein each chamber in the plurality of pneumatic wave generating chambers has a minimum chamber width, and a region (see annotated figure below) extends away from a area by at least twice the chamber width (see annotated figure below).
PNG
media_image1.png
582
893
media_image1.png
Greyscale
Regarding Claim 3, Baker shows the apparatus of claim 1, wherein the floor comprising a first portion (see annotated figure below) and a second portion (see annotated figure below), wherein the first portion has a steeper slope than the second portion (see annotated figure below); and wherein the first portion is positioned closer to the plurality of pneumatic wave generating chambers (3,2) than the second portion.
PNG
media_image2.png
332
888
media_image2.png
Greyscale
Regarding Claim 4, Baker shows the apparatus of claim 1, wherein the floor comprising a first portion and a second portion (see annotated figure above). Baker fails to show the second portion having a steeper slope than the first portion. Bastenhof teaches a wave machine wherein the floor comprising a first portion (see annotated figure below) and a second portion (see annotated figure below), wherein the second portion has a steeper slope than the first portion (see annotated figure below); and wherein the first portion is positioned closer to the plurality of pneumatic wave generating chambers (56) than the second portion (see annotated figure below). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a second portion being steeper than a first portion in order to help form the wave.
PNG
media_image3.png
499
678
media_image3.png
Greyscale
Regarding Claim 5, Baker shows the apparatus of claim 1, wherein step (a) is performed by depressurizing the first chamber in the plurality of pneumatic wave generating chambers (column 5 lines 50-55); and step (b) is performed by depressurizing the second chamber in the plurality of pneumatic wave generating chambers (Fig.1; column 5 lines 50-55).
Regarding Claim 6, Baker shows the apparatus of claim 1, but fails to show a controller. Bastenhof teaches a plurality of venting valves (68A-D) connected to the plurality of pneumatic wave generating chambers (56-A-D) and connected to the controller (72; column 2 lines 40-50), wherein step (a) is performed by actuating a first venting valve in the plurality of venting valves; and step (b) is performed by actuating a second venting valve in the plurality of venting valves (column 2 lines 34-38). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include venting valves controlled by a controller in order to allow the user to control the shape of the wave.
Claim(s) 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baker (US Patent 4,276,664) in view of Bastenhof (US Patent 4,515,500) as applied to claim 1 above, and further in view of LaFlamme et al (US Patent Publication 2012/0096637 herein after LaFlamme). Baker shows the apparatus of claim 1, but fails to show the controller generates a graphical model of the wave based on the wave sequence profile. LaFlamme teaches a bathing system. The system includes a controller (24) generates a graphical model (35) of the wave based on the wave sequence profile (paragraphs 55 and 56). A wave creation module allows the operator to modify the wave sequence profile after the controller generates the graphical model (paragraph 70). The wave sequence profile is created on a separate device from the controller (paragraph 70). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a controller in order to allow the user to control the wave from various locations.
Response to Arguments
Applicant's arguments filed 12/17/2025 have been fully considered but they are not persuasive. The arguments in regards to the new limitation have been addressed in the action above.
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 LAUREN ASHLEY CRANE whose telephone number is (571)270-5198. The examiner can normally be reached Mondays & Tuesdays 8 am - 4pm.
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 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.
/LAUREN A CRANE/Primary Examiner, Art Unit 3754
Prosecution Insights