I received a 1st OA on a design patent application. The examiner advised me to convert screws in the drawing to broken lines and add a broken line statement to the specification indicating I am not claiming this aspect of the drawing. I had the drawings corrected, but do not know how to reply. What forms and drawing notations are needed? Do I resubmit an entire specification sheet? Do I cross reference the application number? I'm not sure how to proceed. I filed by postal mail.
1 Answer
The USPTO MPEP manual explains patent office procedure. This section is titled -
37 CFR 1.121 Manner of making amendments in application.
You will need to study this and follow the required formalities. It explains that new drawing sheets need to labeled REPLACEMENT SHEET in the upper margin and how to show where in the specification you are adding the new text. The examiner is helping you to have a broader coverage. If this is all she/he suggested, your application was already allowable, but needlessly narrowed to requiring the screw heads to be like what your drawing show. I have found the design patent examiners to be extremely helpful and will often allow you to fax in your draft amendment drawings for unofficial checking before you actually submit.