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
2. The nonstatutory 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 nonstatutory 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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12080259. Although the claims at issue are not identical, they are not patentably distinct from each other because regarding claims 1, 12, 17 and 20, both the present application and claims a vibrato mechanism (100), comprising: a bar (110) comprising a plurality of segments, wherein: each respective segment of the plurality of segments (112) is configured to connect to a respective string of a plurality of strings of a string instrument; a first segment of the plurality of segments has a first size and is configured to connect to a first string of the plurality of strings having a first tension; and a second segment of the plurality of segments has a second size that is different than the first size and is configured to connect to a second string of the plurality of strings having a second tension that is different than the first tension; and an actuator arm (304) that is operatively connected to the bar such that the actuator arm, when engaged, causes the bar (110) to rotate about its longitudinal axis (claims 1, 10, 14, and 21).
US Patent number 12080259 does not disclose the specific use of a base.
However, a base configured to attach to a top of the string instrument, a separate vibrato unit from a bridge attached at a different part of the top of the string instrument that has a string that contact a saddle attached that is attached to the bridge above the top of the string instrument is conventional and well known in the art.
Regarding claim 2 and 13, both the present application and US Patent number 12080259 disclose wherein, when the bar rotates about its longitudinal axis, the bar is configured to cause a first amount of linear string travel for the first string and a second amount of linear string travel for the second string, wherein the first amount of linear string travel and the second amount of linear string travel have a proportional relationship to the first size and the second size (as disclosed in claims 2 and 15 of US Patent number 12080259).
Regarding claim 3, both the present application and US Patent number 12080259 disclose wherein the plurality of segments(112) comprise cylindrical segments with differing diameters or differing large axes (as disclosed in claim 3 of US Patent number 12080259).
Regarding claim 4, both the present application and US Patent number 12080259 disclose wherein, wherein the vibrato mechanism is configured to attach to a top surface of the string instrument (as disclosed in claim 4 of US Patent number 12080259).
Regarding claim 5, both the present application and US Patent number 12080259 disclose wherein, further comprising an additional bar configured
to contact the plurality of strings at a point between the bar and a neck of the string
instrument (as disclosed in claim 5 of US Patent number 12080259).
Regarding claim 6, both the present application and US Patent number 12080259 disclose wherein, wherein the additional bar comprises a plurality of independently rotating components, and wherein each respective independently rotating component of the independently rotating components is configured to contact a single respective string of the plurality of strings (as disclosed in claim 6 of US Patent number 12080259).
Regarding claim 9, both the present application and US Patent number 12080259 disclose wherein, wherein contact between the first stop protrusion (316) and the second stop protrusion (318)prevents the bar from rotating in a given direction about its longitudinal axis (as disclosed in claim 9 of US Patent number 12080259).
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Regarding claims 10, 11, 18, and 19 the claims of US Patent number 12080259 does not disclose the use of a specific shape or a hollow body.
However, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify US Patent number 12080259 to a hollow body since hollow bodies are conventional and well known in the art and to include a specific shape since it has been held that the shape of a device was a matter of choice which a person or ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed device was significant, the claimed device was not patentably distinct from the prior art device. In re Dalley, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)
Regarding claim 14, both the present application and US Patent number 12080259 disclose the plurality of segments comprise cylindrical segments (112)with differing diameters or differing large axes (as disclosed in claim 16 of US Patent number 12080259).
Regarding claim 15, both the present application and US Patent number 12080259 disclose the comprising an additional bar (110) configured to contact
the plurality of strings at a point between the bar and a neck of the guitar (as disclosed in claim 15 of US Patent number 12080259).
Regarding claim 16, both the present application and US Patent number 12080259 disclose wherein the additional bar comprises a plurality of independently rotating components, and wherein each respective independently rotating
component of the independently rotating components (322) is configured to contact a single respective string of the plurality of strings (as disclosed in claim 18 of US Patent number 12080259).
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.
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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
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