DETAILED ACTION
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.
With regard to claim(s) 1, 11 & 16, “wherein the first bowl structure is attached to the first bowl structure at a crossover area” is definitively indefinite, so as to essentially preclude(s) any meaningful examination of applicant’s claimed invention(s).
With regard to claim(s) 4 & 13, with a recitation of a path comprising a ride, this is simply not understood.
With regard to claim(s) 5, the relationship between the nozzles and speed is unclear as to if the applicant is referring to speed of water, a rider, both or something else.
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.
(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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boyton (640,438).
Boyton (640,438) disclose(s):
Entrance B;
Exit C.
first bowl structure
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157
248
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second bowl structure.
With regard to claim(s) 9-10 & 14-15, Boyton (640,438) disclose(s) an S & 8 shape.
With regard to recitations of coverings, the examiner is unable to evaluate the utility of such provisions without greater clarity of applicant’s claimed invention(s).
Be advised, this is an entirely “as best understood” rejection.
Additionally, the applicant is not to take failure by the examiner to apply a prior art rejection in a verbatim match to applicant’s claim language as an indication of allowable subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Arie (2003/0130050), Schafer (8,784,224) & Degirmenci (2013/0184087) are additionally of similar and comparable topological morphologies.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A DILLON JR whose telephone number is (571)272-6913. The examiner can normally be reached on Monday-Thursday; 8AM-6:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mike McCullough can be reached on (571)272-7805. The fax phone numbers for the organization where this application or proceeding is assigned are (703)305-7687 for regular communications and (703)308-0552 for After Final communications.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (703)308-1134.
/JOSEPH A DILLON JR/Primary Examiner, Art Unit 3653
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