973 Design Patents issued on June 10, 2025.
Notable Issues
Three applications have a 103 Obviousness analysis with an LKQ discussion. These are:
29856109 (Femoral Implant Component – D1079003)
29851964 (Dispenser – D1078973)
29732483 (Display Screen or Portion Thereof with Graphical User Interface – D1078749)
(Links to selected prosecution documents as obtained from ProSearch by Design Patent Pro. Complete prosecution histories can be obtained from the USPTO Patent Center)
Unpublished PTAB Decision
One application has an unpublished PTAB Decision that arises from one of the three obviousness applications above (29732483)
Ex Parte Argo, 2023-002547 (PTAB December 11, 2024)
In this design patent appeal, the Patent Trial and Appeal Board (PTAB) reversed the examiner’s rejection of the claimed design for a ” Display Screen or Portion Thereof with Graphical User Interface.” The examiner had rejected the claim under 35 U.S.C. § 103 as obvious over the combination of Leong (D836,121) and Gilra (8,438,495). The examiner argued that Leong’s graphical interface was basically the same as the claimed design, with minor differences addressed by Gilra. However, the PTAB found that Leong’s design differed materially from the claimed design, particularly in the arrangement of the rectangles: the two smaller rectangles were positioned on opposite sides in the respective designs. The Board held that this was not a de minimis difference but a significant one that changed the overall appearance. Citing the Federal Circuit’s recent LKQ v. GM en banc decision, the PTAB concluded that the examiner failed to provide a sufficient record-supported motivation for modifying Leong to match the claimed design’s appearance. As a result, the rejection was reversed and the application allowed.
Type of Rejections/Objections (Numbers approximate)
The two most frequent rejections and objections were for improper or missing broken line statements (105) and for indefinite depth (92).
For information and tips on how to avoid and respond to these types of rejections, see broken line statements and indefinite depth.
Number of Rejections, Objections, and Restrictions
Non-Final Rejections (309) (32%)
Final Rejections (63) (6%)
Ex Parte Quayle Actions (225) (23%)
Restriction Requirements (73) (7%)
Pendency
The average time filing to issue was 642 days (21.1 months), which was slightly higher than last month’s 639 days. 218 (22%) were expedited, with an average filing to issue time of 194 days (6.4 months). 755 (78%) were non-expedited, with an average filing to issue time of 771 days (25.3 months).
