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 .
DETAILED ACTION
Claim Objections
Claim 1 is objected to for beginning with “The” rather than “A”. Additionally the phrase “of the present invention” should be removed from the claim.
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 2-18 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 is unclear in that it recites “a second portion (102) … positioned over the first portion.” It is unclear what “over” means.
Claim 3 is unclear in that it recites the relative term “near”.
Claims 3-18 are unclear for their dependency from claim 2.
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.
Claim(s) 1-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murphy US 20150057093.
Regarding claim 1, Murphy discloses a water attraction
a ride surface (602), the ride surface shaped in at least a half circle when viewed from above (Fig. 6);
a water delivery section (604); and
a recovery section (610),
Regarding claim 2, Murphy further discloses ([0047]) that the ride surface comprises a first portion (101) and a second portion (102) separate from and positioned over the first portion.
Regarding claim 3, Murphy further discloses that the first portion has a thinner profile at a first section disposed near the water delivery section (Fig. 1A).
Regarding claim 4, Murphy further discloses that the first portion has a raised profile at a second section that defines an upward taper across the ride surface extending away from the water delivery section (Fig. 1A).
Regarding claim 5, Murphy further discloses that the first portion has a more raised profile at a third section that defines a second upward taper across the ride surface extending away from the water delivery section (Fig. 1A).
Regarding claim 6, Murphy further discloses that the second upward taper is less than the upward taper such that the more raised profile of the third section is less steep than the raised profile of the second section (Fig. 1A).
Regarding claim 7, Murphy further discloses that the second portion is inflatable (Title).
Regarding claim 8, Murphy further discloses that a connecting element (105) to couple the ride surface to the water delivery section.
Regarding claim 9, Murphy further discloses that the first portion is comprised of a plurality of segments positioned connected along their sides to define the half circle shape (Fig. 6).
Regarding claim 10, Murphy further discloses that the second portion defines one thickness along its length (Fig. 1A).
Regarding claim 11, Murphy further discloses that the first portion creates an elevation change and defining profile of the ride surface and the second portion positioned upon the first portion conforms to a shape of the defining profile (Fig. 1A).
Regarding claim 12, Murphy further discloses a bar (142) positioned along a perimeter of the ride surface to hold a desired position of the ride surface.
Regarding claim 13, Murphy further discloses that the bar defines a partial circle (Fig. 6).
Regarding claim 14, Murphy further discloses that the water delivery section comprises a plurality of water delivery elements ([0048]).
Regarding claim 15, Murphy further discloses that one or more of the plurality of water delivery elements deliver a water flow different from that from other one or more of the plurality of water delivery elements (each nozzle has its own flow).
Regarding claim 16, Murphy further discloses that the plurality of water delivery elements are configured to spread water horizontally on the ride surface in a fanned-out orientation (Fig. 6).
Regarding claim 17, Murphy further discloses that one or more of the plurality of water delivery elements are configured to match the ride surface and wherein the fanned-out orientation is configured to reduce overlap among flows from the one or more of the plurality of water delivery elements (Fig. 6).
Regarding claim 18, Murphy further discloses a substantially smooth water surface on the ride surface (Fig. 1A).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Alleshouse US 9592433
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/BRIAN O PETERS/Primary Examiner, Art Unit 3711
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