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6. Examples of Characteristics Description
---Effect of a pre-filed argument
Case11. Design Registration No. 1096641 “Containers for Transportation”
In this case, only the corner rib of the container is shown by solid lines. The shape of the corner rib appears similar to known designs. However, the L-shape cross-section is novel, and it provides a greater surface area outer wall of the container for labels. According to a pre-filing design search, such ribs are novel.
In the application for this design, a “characteristics description” was submitted in order to make clear the design feature, which was not readily apparent. Probably due to the statement, the design was allowed for registration without any rejection. If the “characteristic description” had not been submitted, the examiner might have not recognized the feature of the design and issued a rejection.
In a sense, a “characteristics description” is an argument submitted prior to issuance of an official action. However, there can be a serious disadvantage to such a submission. If similar prior art exists, a characteristics description may invite the examiner to issue an office action. Therefore, a characteristics description should be submitted only after having searched prior designs carefully. A characteristics description can be filed any time before issuance of Notice of Allowance.
Case 11 Design Registration No. 1096641 “Containers for Transportation”
Case12. Design Registration No. 1094765 “Seat of a Chair”
A seat having a lowered front end is a known design. On the other hand, the curvature of the seat is novel. If a characteristics description design is not submitted, the examiner may focus on the front portion and most likely issue an office action. Therefore, a characteristics description was submitted to assert the characteristics of the design. As a result, this case was allowed without any rejection.
In the references cited by the examiner, several design publications are listed including a US gazette entry, and design publications from Sweden and Germany. As expected, these publications show designs of seats having lowered front ends. However, none of the prior art publications disclose the seat curvature of the present design. Due to the characteristics description filed for this case, the examiner probably understood the characteristics of the design, as expected.
Case 12 Design Registration No. 1094765 “Seat of a Chair”
