a) Filed several provisionals [P1] between March 2016 and March 2017. b) Filed a non-Provisional [NP1] in March 2017 claiming priorities from P1. c) Filed a provisional [P2] May 2017 containing improvements, new uses for NP1. d) Independent Claims of NP1 too narrow and exclude patentable matter in NP1. Question: Is there a way to get a broader independent claim to include excluded material in NP1 and new material in P2.
It's been awhile since I did this, but IIRC (if I recall correctly ), one may file a CIP at any time during pendency of the original non-provisional and its descendents, which is the only way to "add new material" to an application already filed. The new material in a CIP only gets priority of the CIP filing date unless it cites one or more non-expired provisionals. Thus, the patentability of any "broader" claim would be tested against the state of the art at each respective disclosure date. In theory, you can repeatedly file CIPs indefinitely and choose to divide and issue claim sets as you go, providing it's still only "one invention".
Of course, you can file as many provisionals as you want, whenever you want, but may only claim priority of those under a year old and containing materials not already disclosed in a publication or used in public, etc.
Update: Turns out there was an earlier provisional, so this answer no longer applies. I've left it for posterity.
Because the first non-provisional was filed less than a year ago, a simple approach would be to convert the non-provisional into a provisional application.
This is allowed by 37 CFR § 1.53(c)(2), which provides:
An application for patent filed under paragraph (b) of this section may be converted to a provisional application and be accorded the original filing date of the application filed under paragraph (b) of this section.
The USPTO has a quite readable page setting out the process. In short, you file a request for converstion and pay the USD 50 fee.
Then at 1 year from the first filing (that is, by March 2018), you would file a non-provisional (and any international filings) claiming the benefit of both the March application (which is now a provisional) and the May provisional. This non-provisional will be entitled to both dates, and therefore can rely on matter from either provisional application if need be. That said, ideally you would rely on the earlier filed application as much as possible for your claims, to ensure they have the earlier date.