DETAILED ACTION
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 .
This action is written in response to application number 19/306,855 filed 08/21/2025
Double Patenting
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 1-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 12,330,029. Although the claims at issue are not identical, they are not patentably distinct from each other because the allowable limitations of the instant application are also found in the previously issued patent. See chart analysis below.
Issued patent 12,330,029
Application 19/306,855
1. A golf bag comprising:
a base assembly;
a shaft immobilization component comprising a first outer side wall, a second outer side wall, a front wall, a rear wall, a plurality of extension members, each of the extension members extending from the first outer side wall to the second outer side wall, each of the plurality of extension members having a plurality of teeth, each of the plurality of extension members also having an upper panel with a hook and loop fabric attached thereto,
wherein the shaft immobilization component is positioned within the base;
a top assembly comprising a plurality of individual golf club separation members;
an internal assembly comprising a plurality of individual chambers extending from the top assembly to the each upper panel of the shaft immobilization component;
an outer assembly attached to the top assembly and the base assembly, wherein the internal assembly is positioned within the outer assembly;
wherein the combination of the shaft immobilization component, the top assembly and the internal assembly restrict the movement of golf clubs and prevents the interaction of golf clubs within the golf bag.
2.The golf bag according to claim 1 wherein the plurality of individual golf club separation members ranges from 12-16.
3. The golf bag according to claim 1 wherein the golf bag has a height ranging from 30 to 40 inches.
4. The golf bag according to claim 1 wherein the golf bag has a mass ranging from 4 to 10 pounds.
1. A golf bag comprising:
a base assembly;
a shaft immobilization component comprising a plurality of extension members, each of the plurality of extension members having a plurality of teeth, wherein the shaft immobilization component is positioned within the base;
a top assembly comprising a plurality of individual golf club separation members, wherein the plurality of individual golf club separation members ranges from 12-16;
an internal assembly comprising a plurality of individual chambers extending from the top assembly to the shaft immobilization component;
an outer assembly attached to the top assembly and the base assembly, wherein the internal assembly is positioned within the outer assembly;
wherein the combination of the shaft immobilization component, the top assembly and the internal assembly restrict the movement of golf clubs and prevents the interaction of golf clubs within the golf bag;
wherein the golf bag has a height ranging from 30 to 40 inches;
wherein the golf bag has a mass ranging from 4 to 10 pounds.
5. The golf bag according to claim 1 wherein the outer assembly comprises a plurality of pockets.
2. The golf bag according to claim 1 wherein the outer assembly comprises a plurality of pockets.
6. The golf bag according to claim 1 wherein each of the plurality of individual golf club separation members comprises a plurality of slots defined by a plurality of movable walls.
3. The golf bag according to claim 1 wherein each of the plurality of individual golf club separation members comprises a plurality of slots defined by a plurality of movable walls.
7. The golf bag according to claim 1 wherein the top assembly further comprises a plurality of handles.
4. The golf bag according to claim 1 wherein the top assembly further comprises a plurality of handles.
Appropriate action is required.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAVEN COLLINS whose telephone number is (571)270-1672. The examiner can normally be reached Monday-Friday 8:30am to 5:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANTHONY STASHICK can be reached at 571-272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RAVEN COLLINS/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
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