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 .
Double Patenting
The non statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non statutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 3-9, and 11-16 are provisionally rejected on the ground of non statutory double patenting as being unpatentable over claims 1-8, 11, 12, and 16-18 of co-pending Application No.18/386437 .This is a provisional non statutory double patenting rejection.
Regarding claim 1, both the present application and claim 1 of application number18/386437 discloses the use of a musical instrument having a body defining a sound chamber for the musical instrument (1), the body (2) comprising: a soundboard (18a); a back including a first sonic channel (100) having a plurality of substantially polygonal-shaped sections (see figure 4); and a lateral sidewall connecting the soundboard (18a)and the back.
The present application does not discloses the sonic channel formed in the inner surface of the soundboard.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device as disclosed in the present application to include the sonic channel formed in the inner surface of the soundboard in order to securely insert the channels.
Regarding claim 3, both the present application and claim 7 of application number18/386437 disclose the use of a musical instrument wherein the body is made of a domestic hardwood.
Regarding claim 4, both the present application and claim 11 of application number18/386437 disclose the use of a wherein the soundboard (18a) includes
multiple braces with at least one brace skeletonized.
Regarding claim 5, both the present application and claim 12 of application number18/386437 disclose the use of a soundboard that includes a skeletonized top brace and two skeletonized X-braces (50,52).
Regarding claim 6, both the present application and claim 4 of application number18/386437 disclose the use of a skeletonized back brace (240) has an alternating pattern of hexagonal voids and pairs of triangle voids that yields solid, integral X-shaped regions within the skeletonized back brace.
Regarding claim 7, both the present application and claim 16 of application number18/386437 disclose the use of multiple braces include X-braces, a bridge plate, a tone bar (56), a fretboard plate (58), a top brace (60), an angled brace (62), a horizontal brace (64), and a fan brace (67).
Regarding claim 8, both the present application and claim 5 of application number18/386437 disclose the use of a wherein at least one of the multiple back braces (240) is bounded by the first sonic channel (200).
Regarding claim 9, both the present application and claim 6 of application number18/386437 disclose the use of a wherein all of the multiple back braces (240) are bounded by the first sonic channel (200).
Regarding claim 11, both the present application and claim 2 of application number18/386437 disclose the use of the plurality of substantially polygonal-shaped sections (102, 104, 106, 108, 110) of the back are grouped into five rows and three columns.
Regarding claim 12, both the present application and claim 3 of application number18/386437 disclose the use of a wherein the back includes multiple
back braces (50) with at least one back brace skeletonized.
Regarding claim 13, both the present application and claim 4 of application number18/386437 disclose the use of a at least one skeletonized brace has an alternating pattern of hexagonal voids (82) and pairs of triangle voids (84) that yields solid, integral X-shaped (50,52) regions within the skeletonized brace.
Regarding claim 14, both the present application and claim 17 of application number18/386437 disclose the use of a wherein at least one of the multiple braces is bounded by a second sonic channel (200).
Regarding claim 15, both the present application and claim 18 of application number18/386437 disclose the that all of the multiple braces are bounded by the second sonic channel (200).
Regarding claim 16, both the present application and claim 8 of application number18/386437 disclose the use of a wherein the musical instrument is a guitar (1).
Claims 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.
Response to Arguments
Applicant’s arguments with respect to claims 1, 3-9, and 11-16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claims 2, 10, and 17-20 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY R LOCKETT whose telephone number is (571)272-2067. The examiner can normally be reached 8:30-5:00 pm M-F.
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, Dedei Hammond can be reached at 571-270-7938. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLY R LOCKETT/Primary Examiner, Art Unit 2837
Prosecution Insights