Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE

Serial Number  76/351342

EXAMINER’S AMENDMENT

In accordance with the authorization granted by Patricia A. Cigelnik on January 20, 2004, the application has been AMENDED as indicated below.  Please note that if the identification of goods or services has been amended below, any future amendments must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e).  No response is necessary unless there is an objection to the amendment.  If there is an objection to the amendment, the applicant should notify the examining attorney immediately.

Identification of Goods and Services

Change the identification of goods and services in Classes 6, 7, 9, 12 and 42 to read as follows:

Class 6 – Metal building materials, namely, metal in sheet, rod, bar and/or billet form; transportable buildings of metal; rails of metal and materials of metal for railway tracks, namely, switch points for railways; metallic pipes and tubes; clips of metal for tanks, receptacles and containers; receptacles, namely, metal storage tanks and closures and roofs therefor, and metal containers for the storage and transportation of goods and metal closures therefor; metal in sheet, rod, bar and/or billet form; metal plates for further manufacture; linings of metal for building purposes; metal hardware, namely, screws, screw bolts, nuts, sleeves, fitting and spacer parts, disks, washers and collars, flanges, rings, plugs, pegs, bolts, nails and pins; wire of common metal; fixed metal installations for funiculars and suspension railways, namely, supporting pillars, gantry, supports, pulley cradles; metal wire cables; wire netting for building and mining purposes; wire gauze; steel bands for building and mining purposes; conveyer and transport pallets of metal; seals, sealing rings, sealing plates and sealing inserts, all made of metal; railings of metal for fences, balconies, bridges; scaffolding of metal; machine and gallery frames of metal; metal bells; metal knobs; clamps of metal for cables; metal mining hardware, namely, rope thimbles, non-electric metal cable connections, metal cable connection sleeves; metal chains; chain links of metal; couplings of metal for chains; cases of common metal for coal, stones, potash, ore and baskets of common metal; loading gauge rods, of metal, for railway wagons; metal rails, namely, fish plates. laths and grids of metals for building and mining purposes; ladders of metal; masts of metal for building and mining purposes; signboard holders of metal; machine and vehicle stops of metal; bridges of metal; gutters of metal; metal pipes and pipe fittings, namely, pipe elbows, pipe sockets, pipe clips, and pipe connectors; grate frames of metal; locks of metal and keys of metal for locks; hinges of metal; ramps of metal for mining and building purposes; metal grease nipples; window sills of metal; metal hardware, namely, pulleys; metal hardware, namely, tension links and tighteners for chains, belts and cables of metal; plugs of metal; metal staircases; props of metal for mining and building purposes; barrels of metal; gates of metal; girders of metal; doors of metal; unworked or semi-worked common metals and their alloys for further manufacture; manually operated valves of metal other than parts of machines; elbows of metal for mining and building purposes; pot hooks of metal; metal building materials, namely, girders; metal hose fittings, namely, hose connections and hose couplings; offshore drilling installations, namely, metal platforms, pillars, drilling frames; floor conveyor tracks of metal and rack railway tracks of metal, and replacement parts therefor; metal track rail systems comprised of rails, posts, gates; metal rails for suspension railways and floor conveyors and replacement parts therefor.

Class 7 – Building and mining machines and their components, particularly mining/winning machines, namely, coal ploughs, shearer loaders, loaders; continuous miner short wall machines for building and mining purposes, devices for mining by means of soft blasting technology, namely, shot-hole drilling machines, blasting cap grippers, blasting cap positioners, bursting chargers and detonation drivers; machines for loading and/or transporting mining products and other bulk materials, namely, cutter loaders, machines for driving tunnels, galleries and headings; machines for mechanized lining of galleries and tunnels, namely, working and mounting platforms for tunnel driving; ramming machines; motors and driving means for mining machines, namely, toothed racks and pinion racks; machine tools, namely, cutter heads with and without hydraulic steering devices for the mining and building industries; hydraulic support frames, support chocks, shield supports and discharge shields for underground mining machines and replacement parts therefor; mechanical and hydraulic support frames, racks and shields for mine galleries; conveyors for the textile industry, in particular for use in laundering and cleaning factories, conveyors for the manufacture of glass and cars, their drives and controllers sold as a unit, mining conveyors and replacement parts therefor; conveyors for bulk material and piece goods, namely, mechanical and pneumatic bulk conveyors, ash conveyors for use in power plants, conveyors using water, circular conveyors, and chutes, palette haulage conveyors, skid conveyors, pilot belt and pilot chain conveyors, palettizers. continuous conveyors, particularly, scraper chain conveyors, curve conveyors and roller curves, belt conveyors, conveyor belts, platform conveyors, link conveyors, perpendicular conveyors, disc retarding conveyors, twisting conveyors, roller conveyors, worm conveyors, vibrating conveyors, bunker discharge conveyors, and replacement parts of the said conveyors, namely, conveyor pans, cast or welded conveyor pans, pan conveyor connections, driving stations and scrapers, overhead conveyors, conveyors for room and pillar engineering; powered anchorage or shifting machines used for anchoring and shifting conveyors and their drives, parts of the anchorage and shifting machines, namely, rods and walking troughs; parts of mining machines, namely, plough and shearer guides, guides for chains and driving bars, chain guides for coal augers and shearers; parts of conveyors, namely, sideplates for conveyors and cable ducts; machine parts, namely, plough bits, round shanked bits, cutting discs, bit holders and drill bits; crusher machines for mining and tunnel construction, for use in the stone and grinding industry, for recycling of rubble, slag and other recyclable materials; machines, namely, jaw crushers and rolling crushers, impact rolling crushers, impact crushers and continuous passage crushers for use in the building and mining industries; power-driven chain tension devices, namely, tension frames, hydraulic piston drives, namely, hydraulic props, shifting cylinders, adjusting cylinders, anchoring cylinders, control and metering cylinders, pressing rams, electrical drive motors, namely, asynchronous motors and motors with frequency inversion, hydraulic and pneumatic motors, gear boxes, smooth starting transmissions, clutches, torque overload, brake heads, brake linings, brake shoes and pumps, all for machines; hydraulically, pneumatically, electrically and piezoelectrically controlled valves for use in machines; power-operated water sprayers for dust control and replacement parts therefor; power operated winches, reels, hoists; working and cleaning machines for anode coals, anode rods and casting molds; sharpening and brushing machines; machines for stripping off anode coals, for the connection of anode coals and anode rods; machines for treating and fixing anode rods; machines for use in material recycling, namely, anode transporters, crushers for remaining anodes, crust crushers; power machines for operation and feeding of electrolysis furnaces and casting machines; casting machines; machines for the disposal of waste materials and for recycling purposes, namely, sorting and crushing machines, sifters, stirring machines, and parts therefor, namely, transmissions and mixers; papermaking machines; paper mills; electrical starters for engines; machines, devices and systems for off-shore drilling and mining use, namely, cranes, grab buckets, grab blades, grab spades, drilling rigs and drilling machines for offshore drilling; air compressors; parts of machines, namely, chain wheels and chain drums; filters for filtering hydraulic fluids of machines for the mining and building industry; parts of machines, namely, metal funnels; hand and motor powered cranes; aerial conveyors; cable-driven aerial conveyors with their own drive gears, in particular monorail aerial conveyors; starters for motors and engines; drive machines for engines for shearer loader, loaders, continuous miner, continuous conveyors, crushers; silencers as parts of vehicle exhaust systems; radiators for motors and engines; engine fans; movable devices, namely, cranes, crawler cranes and mobile cranes for loading and unloading of storing units.

Class 9 – Data processing equipment, namely, computer software and hardware for processing, installing, supervising, recording output, and controlling equipment used in the mining industry; batteries; battery chargers; cable connectors and cable connector sleeves; electronic controls for conveyor anchoring machines, mining machines, namely, coal ploughs, drum sheerer, continuous miner, driving and loading machines, mine conveyors, and replacement parts for the above mentioned support control systems and control devices; electro-hydraulic control instruments for hydraulic working machines, for pressurizing and controlling of hydraulic working cylinders, and for controlling of hydraulic rams in the mining industry; traffic control devices, namely, software and hardware for person traffic, material traffic or machine traffic in mines; storage control devices, namely, software and hardware for storing cables and belts in mines; gripping control devices, namely, software and hardware for control of rope grab buckets, grab blades and grab spades for gripping stones, rock, coal, minerals, bulk materials and bulky goods; automatic valves, namely, control valves, directional control valves, return valves, cut-in and cut-out valves, pressure regulation valves, shut-off valves, emergency trip valves, shuttle valves, mixing valves, bleed valves, overflow valves, safety valves, throttle valves, restrictor valves, regulating valves, solenoid valves, selector valves, hydraulic valves, pneumatic valves, push-button valves, electromagnetically, electronically, hydraulically and pneumatically controlled valves; identification apparatus and equipment for people and objects, namely, transmitters, transponders and receivers; combined anchorage, boring and setting controls for directing and positioning machines for the mining industry. hydraulic and electro-hydraulic control systems comprised of magnets, solenoids, valves, control boxes, hydraulic cylinders and hydraulic pistons for the mining and building industry; intelligent mine lights, namely, electrical lighting fixtures and helmet head lamps combined with gas detectors or identification transmitters; cable management apparatus, namely, cable guides; electrical equipment, namely, cable drums.

Class 12 – Magnetic train locomotives; railway trolleys; transfer or transport vehicles for use in mines; hauler vehicles powered by gasoline engine or battery; underground fork-lift trucks; front shovel loader trucks; side-tip loader trucks; loading and transporting trucks; loaders, stackers and lifters for loading, unloading and stacking piece goods and bulk materials; displacing wagons; movable gripper for loading and unloading, for winning gravel under water and for handling of bulk materials and bulky goods; discharge wagons, semi-trailer slewing wagons, tractive wagons, brake wagons, driving trailers, cable cars, low-loaders for minerals, coal, rock, sand, stones and bulk materials, passenger cars and carriages, testing coaches for articulated monorail trains for the underground transport of man, material and rock; parts for trains, mining vehicles, loading and transporting trucks, namely, drive gears, chassis, wheels, rollers, axles, wheel bearings, bogies, guide rollers; railway bogies; vehicles and conveyor wagon couplings; rail-mounted transport trolleys, rail-mounted shunting trolleys, chair lifts, cable cars and replacement parts therefor; cable pulleys being parts of cable cars, mining vehicles, trains and replacement parts therefor; mounting and dismounting points and stations for mining transport systems for man, material and rock; cable, chain or belt turning stations, comprising mainly cable pulleys and/or chain wheels, axles, wheel bearings, casings for the turning stations; brakes, brake systems comprised of brakes and brake actuators, and replacement parts therefor for land vehicles, suspension railways and lifts. channel cleaning vehicles for the mining and piping industries; trolleys; mine bicycles, track bicycles; vehicle trailers; parts of vehicles, in particular bonnets for vehicle bodies, axle journals, trailer hitches; bicycle drive chains; land vehicle parts, namely, tires, wheels, axles, covers for seats; bicycle saddle covers; land vehicle anti-glare devices, namely, tinted windows; vehicle anti-theft devices, namely, alarms; land vehicle parts, namely, torque converters, chassis, wheel rims; bicycle parts, namely, chains, handlebars; motors and engines for land vehicles; bicycle parts, namely, pedals, frames, saddles, inner tubes for bicycle tires, direction indicators; land vehicle structural parts, namely, doors, hoods; land vehicle drive gears; cars; parts of cars, namely, bodies, mudguards, gear boxes; land vehicle parts, namely, transmission couplings, rearview mirrors, windshield wipers, wheel flanges, steering wheels, gear shift levers, shock absorbers, bumpers, torsion bars, suspension springs, running boards, brake cylinders, brake cylinder rings and brake cylinder liners.

Class 42 – Technical support, namely, monitoring of mining industry machines and their parts by means of machine diagnosis; design services in the field of building and mining industry machines, conveyors, transport systems, hydraulic systems, machines for stacking and unloading, for third parties; inspection of mining machines and their parts, railways, suspension railways and other transport equipment used in the construction and mining industries; inspection of intelligent mine lighting, namely, electrical lighting fixtures and helmet head lamps combined with gas detectors or identification transmitters, water treatment systems, and machines for mining and for industrial manufacturing.

/Matthew J. Pappas/

Trademark Attorney

Law Office 105

703/308-9105 x206

matthew.pappas@uspto.gov (informal)