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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: flying theater system 1, guest platform 20, media screen content provider 60, one or more visual content image projectors 62, motion controller 70, or programmable retraction controller 72.
The drawings are objected to because the drawings have a line and shading quality that is too dark distinguish between different features and too dark to be reproduced. Refer to 37 CFR1.84(l). See Figures 1-2. The applicant has submitted color drawings for Figures 1-2. 37 CFR 1.84(a)(2) states in relevant part: The Office will accept color drawings in utility patent applications only after granting a petition filed under this paragraph explaining why the color drawings are necessary. Color drawings are permitted on rare occasions in a utility patent application only if the color drawings are of sufficient quality such that all the details in the drawings are reproducible in black and white in the printed patent. See 37 CFR 1.84(a). In the present application, the color drawings are not of sufficient quality. In corresponding 2025/0032940 A1, Figures 1-2 have a line and shading quality that is too dark to distinguish between different features. Furthermore, no petition has been received.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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)(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.
Claims 1-6, 10-12, and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Magpuri (US 2015/0159390 A1).
Regarding claim 1, Magpuri discloses a flying theater system (Figures 2, 15), comprising: a) a programmable, configurable motion base [60], comprising a predetermined set of motion actuators (paragraph 0012: “orientation varying means” and “drive means”) configured to provide multiple degrees of freedom; b) a guest platform [A] (see annotated Figures 2 and 15 below for all reference letters), comprising: i) a lower surface [B], the lower surface [B] operatively connected to the programmable, configurable motion base [60]; ii) an upper surface [C]; and iii) a plurality of rows of seats [55] disposed about the upper surface [C] of the guest platform [A], comprising: (1) an inner row of seats [D]; (2) an outer row of seats [E]; and (3) a guest access area (see aisles [F] between rows of seats [55]) configured to provide access by a passenger to the inner row and the outer row of seats [D, E]; c) a selectively retractable passenger load/unload platform (paragraph 0017: “[a] scissor lift, elevator, drawbridge, or similar walkway may be located at one location or at two or more locations of the theater, to provide access for audience into the theater. The walkway can be moved into position when needed to allow audience members to walk onto the motion base theater platform. The walkway is then removed or withdrawn during the show, to avoid interfering with movement of the motion base”) disposed proximate the programmable, configurable motion base [60] and configured to interface with the guest access area (see aisles [F] between rows of seats [55]); d) a display screen [40] wrapping around a predetermined portion of the guest platform [A] and configured to provide multiple guest viewpoints of a displayed image; e) a media screen content provider [50] (also see paragraph 0009: “scent, neck blast, wind blast, leg tickler and seat rumble”); and f) a motion controller (paragraph 0010: “[a]n electronic control system”) operatively in communication with the predetermined set of motion actuators (paragraph 0012: “orientation varying means” and “drive means”) and configured to synchronize movement of the programmable, configurable motion base [60] with media screen content (paragraphs 0009-0021, 0055-0058, 0062, and Figures 1-3, 13-15, and annotated Figures 2 and 15 below).
PNG
media_image1.png
653
573
media_image1.png
Greyscale
Regarding claim 2, Magpuri discloses the flying theater system of claim 1, wherein the multiple degrees of freedom comprise a predetermined set of pitch, roll, heave, yaw, surge, and sway motions (paragraphs 0010, 0012, 0055, and 0058).
Regarding claim 3, Magpuri discloses the flying theater system of claim 1, wherein: a) the guest platform [A] comprises a circular shape; b) the inner row of seats [D] and the outer row of seats [E] are arranged concentrically within the guest platform [A]; and c) the display screen [40] comprises a full 360-degree screen wrapping completely around the guest platform [A] (paragraphs 0009, 0013, 0056-0057, Figures 1, 13-14, and annotated Figures 2 and 15 above).
Regarding claim 4, Magpuri discloses the flying theater system of claim 3, wherein the full 360-degree screen [40] comprises a spherical, toroid, or cylindrical media screen for full immersion (paragraphs 0008, 0019, 0056, and Figures 2-3 and 13-14).
Regarding claim 5, Magpuri discloses the flying theater system of claim 1, wherein the plurality of rows of seats [55] are arranged in a round or a square seating arrangement with seats facing outward towards the display screen [40] (paragraphs 0014, 0056, 0062, and Figures 13-15).
Regarding claim 6, Magpuri discloses the flying theater system of claim 1, wherein the inner row of seats [D] is configured to accommodate smaller guests who typically cannot ride a flying theater due to containment challenges and fall hazards due to mitigation of a fall hazard (paragraphs 0009, 0016, and annotated Figures 2 and 15 above; wherein the seats are equipped with seat restraints designed to safely accommodate the specific requirements and needs of the presentation).
Regarding claim 10, Magpuri discloses the flying theater system of claim 1, wherein the media screen content provider [50] (also see paragraph 0009: “scent, neck blast, wind blast, leg tickler and seat rumble”) comprises a visual content image projector [50] configured to project an image onto an inner surface of the display screen [40] (paragraphs 0009, 0058, and Figures 1-3 and 15).
Regarding claim 11, Magpuri discloses the flying theater system of claim 10, wherein the image comprises a still image or a moving image (paragraphs 0009, 0020, 0022, 0055).
Regarding claim 12, Magpuri discloses the flying theater system of claim 10, wherein the media screen content provider [50] (also see paragraph 0009: “scent, neck blast, wind blast, leg tickler and seat rumble”) further comprises a wind generator (paragraph 0009: “wind blast”), a scent generator (paragraph 0009: “scent”), a water sprayer, a face air blaster, a neck air blaster (paragraph 0009: “neck blast”), or a seat vibrator (paragraph 0009: “seat rumble”), or a combination thereof (paragraphs 0009 and 0016).
Regarding claim 14, Magpuri discloses a method of providing a theater experience for a flying theater system (Figures 2, 15) that comprises a programmable, configurable motion base [60] that comprises a predetermined set of motion actuators (paragraph 0012: “orientation varying means” and “drive means”) configured to provide multiple degrees of freedom; a guest platform [A] (see annotated Figures 2 and 15 above for all reference letters) that comprises a lower surface [B] operatively connected to the programmable, configurable motion base [60], an upper surface [C], and a plurality of rows of seats [55] disposed about the upper surface [C] of the guest platform [A] where the plurality of rows of seats [55] comprises an inner row of seats [D], an outer row of seats [E] and a guest access area (see aisles [F] between rows of seats [55]) configured to provide access by a passenger to the inner row and the outer row of seats [D, E]; a selectively retractable passenger load/unload platform (paragraph 0017: “[a] scissor lift, elevator, drawbridge, or similar walkway may be located at one location or at two or more locations of the theater, to provide access for audience into the theater. The walkway can be moved into position when needed to allow audience members to walk onto the motion base theater platform. The walkway is then removed or withdrawn during the show, to avoid interfering with movement of the motion base”) disposed proximate the programmable, configurable motion base [60] and configured to interface with the guest access area (see aisles [F] between rows of seats [55]); a display screen [40] wrapping around a predetermined portion of the guest platform [A] and configured to provide multiple guest viewpoints of a displayed image; a media screen content provider [50] (also see paragraph 0009: “scent, neck blast, wind blast, leg tickler and seat rumble”); and a motion controller (paragraph 0010: “[a]n electronic control system”) operatively in communication with the predetermined set of motion actuators (paragraph 0012: “orientation varying means” and “drive means”) and configured to synchronize movement of the programmable, configurable motion base [60] with media screen content, the method comprising: a) controlling the programmable, configurable motion base [60] to achieve a passenger load position (see Figures 2 and 14) for the guest platform [A]; b) allowing guests to access the guest platform [A] and select a seat from the inner and outer rows of seats [D, E]; c) at a predetermined time, disallowing further access by guests (paragraph 0017: “[t]he walkway is then removed or withdrawn during the show, to avoid interfering with movement of the motion base”) to the guest platform [A]; d) initiating a media presentation sequence by the media screen content provider [50] (also see paragraph 0009: “scent, neck blast, wind blast, leg tickler and seat rumble”); e) using the motion controller (paragraph 0010: “[a]n electronic control system”) to synchronize motion of the programmable, configurable motion base [60] with the media presentation sequence; f) returning the programmable, configurable motion base [60] to the passenger load position (see Figures 2 and 14) for the guest platform [A] upon completion of the media presentation sequence; and g) allowing guests to disembark from the guest platform [A] (paragraphs 0009-0021, 0055-0058, 0062, and Figures 1-3, 13-15, and annotated Figures 2 and 15 above).
Regarding claim 15, Magpuri discloses the method of claim 14, wherein using the motion controller (paragraph 0010: “[a]n electronic control system”) to synchronize motion of the programmable, configurable motion base [60] with the media presentation sequence comprises imparting a predetermined set of pitch, roll, heave, yaw, surge, and sway motions to the guest platform [A] via the programmable, configurable motion base [60] (paragraphs 0010, 0012, 0021, 0055, and 0058, and annotated Figures 2 and 15 above).
Regarding claim 16, Magpuri discloses The method of claim 14, wherein the media presentation sequence comprises projection (see projectors [50]) of a predetermined set of visual images onto an inner portion of the display screen [40] (paragraphs 0009, 0013, 0058, and Figures 1-3 and 15).
Regarding claim 17, Magpuri discloses the method of claim 14, wherein the media presentation sequence comprises generation of a wind effect (paragraph 0009: “wind blast”), a scent effect (paragraph 0009: “scent”), a water spray effect, a face air blast effect, a neck air blast effect (paragraph 0009: “neck blast”), a seat vibration effect (paragraph 0009: “seat rumble”), or a combination thereof, the effects discernable by a guest seated on the guest platform [A] (paragraphs 0009, 0016, and annotated Figures 2 and 15 above).
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.
Claims 7-8 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Magpuri as applied to claims 1 and 14 above, and further in view of Sumner (US 6,354,954 B1).
Regarding claims 7-8, Magpuri does not disclose the flying theater system allowing passenger’s feet to hanging freely. Sumner, however, teaches a similar flying theater system (Figure 2) comprising a guest platform [42] comprising a row of seats [10], wherein the row of seats [10] are configured to allow a seated passenger's [40] feet to hang freely with respect to the seats [10], wherein the guest platform [42] further comprises: a) a selectively retractable portion (see [42]) disposed proximate the row of seats [10], the selectively retractable portion (see [42]) configured to allow a passenger's feet for a passenger [40] seated in the row of seats [10] to hang freely with respect to the row of seats [10]; and b) a programmable retraction controller (col. 2 lines 30-36; wherein a retracting floor which moves between a first position and a second position inherently includes a programmed controller) operatively connected to the selectively retractable portion (see [42]) (col. 2 lines 30-36, col. 2 lines 61-67, col. 4 lines 3-27, and Figures 2 and 5). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to configure Magpuri’s flying theater system to include a selectively retractable portion disposed proximate the rows of seats which is configured to allow a passenger’s feet to hang freely because Sumner teaches that this configuration allows a passenger’s feet to be suspended some distance over the floor to provide the sensation of flight and a highly immersive experience that is satisfying and enjoyable to the passengers (col. 1 lines 4-12, col. 2 lines 30-36, and col. 4 lines 13-16).
Regarding claim 18-19, Magpuri does not disclose dynamically reconfiguring the guest platform to allow a seated passenger’s feet to hang freely. Sumner, however, teaches a similar method of providing a theater experience for a flying theater system (Figure 2) comprising a guest platform [42] comprising a row of seats [10], comprising dynamically reconfiguring the guest platform [42] to allow a seated passenger's feet to hang freely, wherein the dynamic reconfiguration comprises selectively retracting a selectively retractable portion (see [42]) of the guest platform [42] disposed proximate the row of seats [10] to allow a passenger's feet to hang freely by using a programmable retraction controller (col. 2 lines 30-36; wherein a retracting floor which moves between a first position and a second position inherently includes a programmed controller) operatively connected to the selectively retractable portion (see [42]) of the guest platform [42]. (col. 2 lines 30-36, col. 2 lines 61-67, col. 4 lines 3-27, and Figures 2 and 5). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to dynamically reconfigure Magpuri’s guest platform to allow a passenger’s feet to hang freely because Sumner teaches that this configuration allows a passenger’s feet to be suspended some distance over the floor to provide the sensation of flight and a highly immersive experience that is satisfying and enjoyable to the passengers (col. 1 lines 4-12, col. 2 lines 30-36, and col. 4 lines 13-16).
Claims 9, 13, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Magpuri as applied to claims 1 and 14 above, and further in view of Beyr (EP 4,124,371 A1).
Regarding claims 9 and 13, Magpuri does not disclose the display screen comprising doors. Beyr, however, teaches a similar flying theater (Figure 1) comprising a display screen [1] and a guest platform [2], wherein the display screen [1] comprises a controlled entry and exit door built in (paragraph 0010: “[t]he 360° screen may also be interrupted at some places, such as at one or two places, by relatively small openings or gaps. Such openings or gaps may be necessary for allowing the installation of doors so that visitors my (sic) enter and leave the amusement ride”) to allow media to be displayed on the controlled entry and exit door with minimal distortion, wherein the display screen [1] further comprises a predetermined set of selectively openable and closeable doors (paragraph 0010: “[t]he 360° screen may also be interrupted at some places, such as at one or two places, by relatively small openings or gaps. Such openings or gaps may be necessary for allowing the installation of doors so that visitors my (sic) enter and leave the amusement ride”) configured to allow guest access to the guest platform [2] and exit from the guest platform [2] (paragraphs 00010, 0032-0038, and Figures 1-2). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to configure Magpuri’s display screen to include entry and exit doors built in because Beyr teaches that this configuration allows for the 360° screen to completely surround the audience platform while allowing visitors to enter and leave the ride (paragraph 0010).
Regarding claim 20, Magpuri does not disclose providing a selectively openable and closeable door in the display screen. Beyr, however, teaches a similar method of providing a theater experience for a flying theater system (Figure 1) comprising a display screen [1] and a guest platform [2], comprising: a) providing a selectively openable and closeable door (paragraph 0010: “[t]he 360° screen may also be interrupted at some places, such as at one or two places, by relatively small openings or gaps. Such openings or gaps may be necessary for allowing the installation of doors so that visitors my (sic) enter and leave the amusement ride”) in the display screen [1]; b) opening the selectively openable and closeable door in the display screen [1] to allow guest access to the guest platform [2] before initiating the media presentation sequence; c) closing the selectively openable and closeable door in the display screen [1] to disallow guest access to the guest platform [2] during the media presentation sequence; and d) opening the selectively openable and closeable door in the display screen [1] to allow guest access away from the guest platform [2] after initiating the media presentation sequence (paragraphs 00010, 0032-0038, and Figures 1-2). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide a selectively openable and closeable door in Magpuri’s display screen because Beyr teaches that this configuration allows for the 360° screen to completely surround the audience platform while allowing visitors to enter and leave the ride (paragraph 0010).
Conclusion
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
Prosecution Insights