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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/29/2025. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-20 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.
All independent claims include the limitation “whereby said oscillatory movement of said at least one supporting element occurs in resonance condition” as in claim 1 and similar language in independent claims 14 and 20. This language is indefinite because it is not clear what the resonance condition is resonance with. It is assumed that the resonance is with respect to “a permitted frequency value” of the first actuation element. For the purpose of examining the claims on the merit, Examiner will assume that the oscillatory movement of the supporting element is created from the movement of the actuation element and that the supporting element is made free to move.
Also claim 1 recites “each said first actuation element” as if there are more than one “first actuation element.
All other claims are rejected because of its dependent of claims 1, 14 and 19.
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, 3-16 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zambelli (US 2012/0190463).
As to claim 1, Zambelli teaches An amusement ride (fig. 1) comprising: a central column (main arm in fig. 3 and par. 20) having a longitudinal axis (see fig 3) and comprising a base structure (2); at least one arm (4.1 & 4.2), rotatably coupled to said central column at respective arm rotation axes that each intersect said longitudinal axis (see the rotation in the difference of fig. 1 & 4); a first actuation element (par. 10) for swinging each said at least one arm through at least a portion of a circular arc ; at least one supporting element (8) adapted to support at least one seat (7) for at least one rider, each said supporting element being rotatably coupled to a respective arm of said at least one arm at a rotation axis spaced from and parallel to the at least one arm rotation axis; and a logic control unit (par. 75) configured to control said first actuation element for swinging said at least one arm, wherein said logic control unit is configured to control each said first actuation element for swinging said at least one arm with a predetermined frequency value so that said swinging (Oscillations; par. 89) of said at least one arm generates an oscillatory movement of said at least one supporting element through at least a portion of a circular arc whereby said oscillatory movement of said at least one supporting occurs in resonance condition (the way it is interpreted by the examiner is the rotation and the activation is made motor 5 and therefore it is not rotating arm 8 and vehicle 7. Therefore, the resonance is with the movement of the arms 4 is in resonance with the movement of arm 8).
As to claim 3, The amusement ride according to claim l, wherein each said first actuation element comprises two hydraulic cylinders (par. 54).
As to claims 4-7, The amusement ride according to claim 3, further comprising second actuation elements (B in figs. 1 & 3) configured to cause each said at least one supporting element to swing about its respective rotation axis and travel along said at least a portion of a circular arc; the second actuation element configured for moving an associated supporting element along at least a portion of said circular arc each said second actuation element disposed on an end of a respective arm and including a motor (par. 56); wherein said control unit s configured to control said at least one second actuation element for moving said at least one supporting element along said at least a portion of said circular arc (fig. 1 and 3).
As to claim 8, The amusement ride according to claim 1, wherein each said arm is provided with one supporting element arranged at an end of said arm (figs. 1 & 3).
As to claim 9, The amusement ride (1) according to claim 8, wherein each said supporting element includes a counter-weight (this broadly reads on the other side of 8 that’s not including the seat 7).
As to claim 10, The amusement ride according to claim 1, wherein said central column comprises a gear system for rotating said at least one arm about a respective arm rotation axis (motor 5).
As to claim 11, The amusement ride (1) according to claim 1, wherein said central column comprises one or more movable portions (2b), that are longitudinally movable with respect to said base structure (note the movement between fig. 1 and fig. 3).
As to claims 12-13, The amusement ride (1) according to claim 1, wherein said central column comprises a rotatable portion that is rotatable with respect to said base structure (see fig. 3 that describes the rotation) and the arm is coupled to the rotatable portion (see fig. 3 where the central column connected through bar to the arm.
As to methods of independent claims 14 and 19, the limitations of claims 14 and 15 are substantially similar to the limitations of claim 1 and will be rejected similarly as the rejection of claim 1 above. Note in figs. 1 &3 shows the loading/unloading position have the seat in the ground.
As to claim 15, The method according to claim 14, further comprising, after said maintaining said at least one arm (3a, 3b) in a loading/unloading position, operating each said first actuation element to rotate said at least one arm from said loading/unloading position to a security position, wherein said at least one seat (S) is disposed above the ground (see fig. 1 and 3).
As to claim 16, The method according to claim 14, wherein said amusement ride further comprises second actuation elements (B in figs. 1 & 3) moving said at least one supporting element along at least a portion of said circular arc by rotating said at least one supporting element about a respective a rotation axis.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zambelli.
As to claim 18, Zambelli does not expressly teach the swing angle in the range of 10 to 180 and Oscillation is between 20 and 300 degrees (not that in both ranges, it is not restricted to that range because the claim does not say “only” between).
Examiner takes an official notice that having the swing and Oscillation within the above range is mere optimization to secure the user and allow more safety.
Therefore, it would have been obvious to one of ordinary skill in the art to use the above ranges in Zambelli’s device to optimize for the best range to allow safety for the riders while maintaining the excitement of the ride.
Allowable Subject Matter
Claims 2, 17 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wang (CN 105879394) teaches an amusement apparatus.
EP 3020458 teaches an Amusement Device E.g. Ferris Wheel, Has Arm Portions Which Are Completely Comprised in Cylinder in Load Position With Axis That Is Rotation Axis
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/AMR A AWAD/Supervisory Patent Examiner, Art Unit 2621
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