This little guy in FIG. 1B looks pretty sad, right? I mean, right? Perhaps it is because he is part of a drawing that is just one of millions that will never be incorporated into a patent. They almost made it to the big show…but they will fall short. They will end their journey as part of a published but not patented application.
But to us, the scores of patent applications that do not become patents are quite interesting. These papers represent human dreams and aspirations. At some point in time, someone thought that what is described in that document was important, even the next big million dollar idea. It is powerful stuff.
So on this day in which we remember the great Dr. Martin Luther King Jr., let us take a moment to properly memorialize that guy above shown in FIG. 1B. He needs a name. Let’s call him Dude.
Here is what we know about Dude. He is part of application 15/373,809. The application was filed by a small company with an online product called SQUIGL. They are fully functioning at http://www.squiglit.com. They facilitate creation of whiteboard marketing animations. So, we know that the home of Dude is squiglit.com. Feel free to visit Dude as you schedule permits.
Dude’s dream of being incorporated into a published patent is not technically dead yet. A first non-final office action was mailed on July 27, 2018. Today is January 21 of 2019. Thus, in theory, a response could still be filed in the next seven days, with a three month extension of time, of course. Unfortunately, it is looking like no one cares enough about Dude to file a response. Sniff, Sniff. Sorry, Dude.
The examiner is sadly rejecting Dude as being not novel and also unpatentable subject matter. Double whammy. Ouch. It is a little unfortunate that Dude was filed in an application that only included two claims. No one bothered to support Dude with a full and proper set of claims. And now there is no one to stand up for Dude when he if facing ultimate and likely final rejection.
And so Dude will join so many others in the cemetery of forgotten dreams. Rest in peace, Dude. Rest in peace.
P.S., if you are so inclined to start a Go-Fund-Me page for Dude’s application during the next week, send us the link…we will tweet it out. ; )