Many rejections to broken line statements are common and typically result from language choice that fails to satisfy the two basic requirements of precisely identifying what is represented by the broken lines and defining their relationship to the claimed design. For an explanation of the two basic requirements, click here. Ten common rejections and recommended forms to overcome the rejections are set forth below. The reasons underlying the rejections and recommended forms are explained in later posts in this series.
Rejection 1. Using the phrase “for illustrative purposes only.” For example, “the broken lines are for illustrative purposes only and form no part of the claimed design.”
Recommended form: “The broken lines show portions of the [title] that form no part of the claimed design.”
Rejection 2. Using the term “environmental” without further description. For example, “the broken lines shown are environmental only and form no part of the claimed design.”
Recommended form: “The broken lines show portions of the [title] that form no part of the claimed design.”
OR
Recommended form: “The broken lines show environment to the [title] and form no part of the claimed design.”
Rejection 3. Failure to include different types of broken lines with appropriate descriptions. For example: “The broken lines show environmental structure and boundaries and form no part of the claimed design.”
Recommended form: “The dash-dash broken lines show portions of the [title] that form no part of the claimed design. The dash-dot broken lines show boundaries and form no part of the claimed design.”
Rejection 4. Failure to state that the broken lines form no part of the claimed design. For example: “The dash-dot-dash broken lines in the drawings depict the boundaries of the claimed design.”
Recommended form: “The dash-dot-dash broken lines in the drawings depict boundaries of the claimed design and form no part of the claimed design.”
Rejection 5: Failure to name the article of manufacture. For example: “The broken lines form no part of the claimed design” or “The broken lines show portions of the article that form no part of the claimed design.”
Recommended form: “The broken lines show portions of the [title] that form no part of the claimed design.”
Rejection 6: Failure to describe the purpose of all broken lines in the drawings. For example, when there are two earphones shown: “The broken lines in the drawings depict portions of the earphone with charging case that form no part of the claimed design.”
Recommended form: “The broken lines on the earphone and charging case depict portions of the earphone with charging case that form no part of the claimed design. In [figure], the broken lines showing an additional earphone depict environment to the earphone with charging case and form no part of the claimed design.”
Rejection 7: Using the phrase “illustrate unclaimed features.” For example: “The broken lines illustrate unclaimed features that form no part of the claimed design.”
Recommended form: “The broken lines show portions of the [title] that form no part of the claimed design.”
Rejection 8: Describing multiple meanings to broken lines without specifying which meaning is correct. For example: “The broken lines show unclaimed portions of a [title], which are included for the purpose of illustrating unclaimed environment only, and form no part of the claimed design.”
Recommended form: “The broken lines show portions of the [title] that form no part of the claimed design.”
Rejection 9: Describing broken lines as being both portions of the article and environment. For Example: “The broken lines show portions of the article in which the claimed design is embodied and/or for environment purposes only, but which form no part of the claimed design.”
Recommended form: “The broken lines show portions of the [title] that form no part of the claimed design.”
OR
“The broken lines show environment to the [title] and form no part of the claimed design.”
OR
“The dash-dash broken lines show portions of the [title] that form no part of the claimed design. The dash-dot broken lines show environment to the [title of article] and form no part of the claimed design.”
Rejection 10: Failing to expressly identify what is represented by the broken lines and failing to define their relationship to the claimed design For Example: “The broken lines show structure and environment.”
Recommended form: “The broken lines show portions of the [title] that form no part of the claimed design.”
OR
“The broken lines show environment to the [title] and form no part of the claimed design.”
OR
“The dash-dash broken lines show portions of the [title of article] that form no part of the claimed design. The dash-dot broken lines show environment to the [title] and form no part of the claimed design.”
Please note this post is for general informational purposes only. It is not legal advice and does not create an attorney client relationship.
