UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/401872
APPLICANT: Utvecklings AB Uranienborg
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CORRESPONDENT ADDRESS: LAWRENCE M. GREEN WOLF, GREENFIELD & SACKS, P.C. 600 ATLANTIC AVENUE BOSTON, MA 02210-221
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom103@uspto.gov
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MARK: REFERENCE
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CORRESPONDENT’S REFERENCE/DOCKET NO: B0917/2018
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/401872
This letter responds to the applicant's communication filed on February 14, 2003. The applicant appointed a domestic representative, which is acceptable and made of record. The applicant should note that the Technical Corrections in Trademark Law Act of 2002, Pub. L. 107-273, 116 Stat. 1758, (at 67 Fed. Reg. 79520) eliminated the requirement that an applicant or registrant not domiciled in the United States designate a domestic representative, making this optional.
The refusal based on Registration No. 1564002 is withdrawn. The potential citation for application no. 76208277, which has now registered is withdrawn.
The previously referenced Application Serial No. 75726854 has matured into a registration. Therefore, registration is refused as follows.
The examining attorney refuses registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d), because the applicant’s mark, when used on or in connection with the identified goods/services, so resembles the mark in U.S. Registration No. 2637906 as to be likely to cause confusion, to cause mistake, or to deceive. TMEP §§1207.01 et seq. See the enclosed registration.
The examining attorney must analyze each case in two steps to determine whether there is a likelihood of confusion. First, the examining attorney must look at the marks themselves for similarities in appearance, sound, connotation and commercial impression. In re E. I. DuPont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (C.C.P.A. 1973). Second, the examining attorney must compare the goods or services to determine if they are related or if the activities surrounding their marketing are such that confusion as to origin is likely. In re August Storck KG, 218 USPQ 823 (TTAB 1983); In re International Telephone and Telegraph Corp., 197 USPQ 910 (TTAB 1978); Guardian Products Co., v. Scott Paper Co., 200 USPQ 738 (TTAB 1978). TMEP §§1207.01 et seq.
The applicant’s mark, REFERENCE (typed), is similar to the registered mark, reference (in stylized script), in that the dominant portion of the marks is REFERENCE. The test of likelihood of confusion is not whether the marks can be distinguished when subjected to a side‑by‑side comparison. The issue is whether the marks create the same overall impression. Visual Information Institute, Inc. v. Vicon Industries Inc., 209 USPQ 179 (TTAB 1980). The focus is on the recollection of the average purchaser who normally retains a general rather than specific impression of trademarks. Chemetron Corp. v. Morris Coupling & Clamp Co., 203 USPQ 537 (TTAB 1979); Sealed Air Corp. v. Scott Paper Co., 190 USPQ 106 (TTAB 1975); TMEP §1207.01(b). Applicant’s typed version of the mark could be represented in the same form as registrant’s stylized mark, and in fact is very similarly represented on applicant’s specimen of record.
The applicant seeks registration for coordinate measuring machines that are used for “common shop measurement and inspection applications.” The cited registration is for instruments for measuring thickness of thin layers in the manufacture of integrated circuits. Coordinate measuring machines can be used in the manufacture of integrated circuits to perform the same or similar functions as registrant’s goods. The examining attorney refers to the excerpted articles from the examining attorney's search in the Nexis computerized database that show this relationship. The examining attorney encloses three representative excerpts. (See attachments.) Therefore the goods are likely to be encountered by consumers in the same channels of trade.
The goods/services of the parties need not be identical or directly competitive to find a likelihood of confusion. They need only be related in some manner, or the conditions surrounding their marketing be such, that they could be encountered by the same purchasers under circumstances that could give rise to the mistaken belief that the goods/services come from a common source. In re Martin’s Famous Pastry Shoppe, Inc., 748 F.2d 1565, 223 USPQ 1289 (Fed. Cir. 1984); In re Corning Glass Works, 229 USPQ 65 (TTAB 1985); In re Rexel Inc., 223 USPQ 830 (TTAB 1984); Guardian Products Co., Inc. v. Scott Paper Co., 200 USPQ 738 (TTAB 1978); In re International Telephone & Telegraph Corp., 197 USPQ 910 (TTAB 1978). TMEP §1207.01(a)(i).
Although the examining attorney has refused registration, the applicant may respond to the refusal to register by submitting evidence and arguments in support of registration.
Fee increase effective January 1, 2003
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.
/M. Catherine Faint/
Trademark Attorney
Law Office 103
phone: (703) 308-9103 x225
fax: (703) 746-8103
ecom103@uspto.gov
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
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SEND TO: FAINT, CATHERINE
TRADEMARK LAW LIBRARY
2101 CRYSTAL PLAZA ARC
MAILBOX 314
ARLINGTON, VIRGINIA 22202-4600
MAIL-IT REQUESTED: MARCH 27, 2003 10083K
CLIENT: ATK
LIBRARY: MARKET
FILE: MFGNWS
YOUR SEARCH REQUEST AT THE TIME THIS MAIL-IT WAS REQUESTED:
COORDINATE MEASURING MACHINE AND INTEGRATED CIRCUITS
NUMBER OF STORIES FOUND WITH YOUR REQUEST THROUGH:
LEVEL 1... 15
LEVEL 1 PRINTED
THE SELECTED STORY NUMBERS:
2,7-8
DISPLAY FORMAT: FULL
SEND TO: FAINT, CATHERINE
TRADEMARK LAW LIBRARY
2101 CRYSTAL PLAZA ARC
MAILBOX 314
ARLINGTON VIRGINIA 22202-4600
**********************************02502**********************************
Copyright 2000 Cahners Business Information, a division of
Reed Elsevier Inc.
All Rights Reserved
Design News
October 16, 2000
SECTION: PRODUCT NEWS; Test, Measurement, and Control; PICK OF THE ISSUE; Pg. 120
LENGTH: 580 words
HEADLINE: Test, Measurement, and Control
BYLINE: Rick DeMeisSenior Editor
BODY: Flowmeter
R-series flowmeters are designed to offer the benefits of Coriolis flow measurement technology for general-purpose applications. The units measure mass and volume of liquids, gases, and slurries, have no moving parts, and reportedly don't require recalibration or regular maintenance. They are also said to measure within 0.5% of flow rate for liquids. Four sizes are available: 1/4, 1/2, 1, and 2 inch.
ID solution
AcuReader III(TM) is a high-performance vision system for identifying and tracking wafers and components through the semiconductor manufacturing process. The unit features a Wizard-based interface that guides the user step-by-step through the process of setting up ID applications, and self-configuring the appropriate parameters as it operates.
Measuring tongue
Designed for taking small measurements, such as indirect measurements of the mold cavity pressure behind the ejector pin, the Type 9227A miniature measuring tongue is 4X6 mm. In addition to the unit's size, other reported advantages include high sensitivity for plastic injection-molding applications.
Oxygen analyzer
CG 1100-RTP oxygen analyzers are designed to improve yields in the semiconductor industry's rapid thermal processing wafer fabrication systems. By detecting oxygen contamination at the parts-per-million level, the unit reportedly maximizes throughput by ending the purge cycle as soon as the oxygen background is acceptable. Other features are a zirconium oxide sensor for accuracy and fast response, and electronic flow control allowing a range of operating pressures.
Linear sensor
SLS190 is a sealable linear sensor that uses hybrid track technology. According to the company, the design offers benefits for system designers requiring analog position feedback, while providing an affordable solution for large volume OEM customers. The unit is designed to be interchangeable with the company's HLP190 linear potentiometer, but can be specified with a compact shaft option, which reportedly offers a dramatically reduced mounting dimension.
Gauge
The CHATILLON(R) TURBOGAUGE Series is designed to expand the capabilities of hand-held digital force gauges by combining powerful data storage and downloading with favorable force-measurement performance and dependability. It reportedly employs a powerful CPU with 128K flash memory into a hand-held instrument that collects data at rates up to 10,000 samples/sec. It also features programmable test parameters, user-selectable sampling rates, and ability to store up to 1,000 test readings in up to 99 different user-defined batches.
Level Sensors
These Teflon and Flange Mounted models reportedly include the market's most compact electro-optic liquid level sensors. The family offers temperature capability to 100C, pressure ratings to 2,500 psi, and a good resistance to particulate contaminate in process fluids. They don't contain any moving parts to assure long service life, and they feature integrated electronics to avoid the need for a separate controller.
Coordinate measuring
YP20 3D coordinate measuring machine is made for close-tolerance parts applications. It combines non-contact, auto-focusing optical/laser sensing technology and PC-based computer numerical control to provide three-dimensional inspection, measurement, and analysis of microscopic surface features on integrated circuits, printed circuit boards, and machined materials.
LOAD-DATE: October 16, 2000
Copyright 1999 ThomasNet Incorporated All Rights Reserved
Product News Network
November 10, 1999
LENGTH: 156 words
HEADLINE: YP10 3D Coordinate Measuring Machine
HIGHLIGHT: This CMM system combines optical/laser sensing technology and PC-based computer numerical control to provide 3D inspection, measurement and analysis of microscopic surface features on integrated circuits, printed circuit boards, computer hard disks, and machined materials. Operating with a Z-axis measurement range of 20mm, the YP10 uses a semiconductor laser with reflective-activated focusing techniques to read and measure the workpiece surface. It features a 450MHz Pentium II PC and CCD color video camera with 50x optical lens. A 230mm x 230mm part stage mounted on a lab grade, micro-flat granite table provides X and Y axis movement of the workpiece with a 110m x 110m range. The YP10 is available from Sony Precision Technology America Incorporated.
BODY:
This CMM system combines optical/laser sensing technology and PC-based computer numerical control to provide 3D inspection, measurement and analysis of microscopic surface features on integrated circuits, printed circuit boards, computer hard disks, and machined materials.
Operating with a Z-axis measurement range of 20mm, the YP10 uses a semiconductor laser with reflective-activated focusing techniques to read and measure the workpiece surface. It features a 450MHz Pentium II PC and CCD color video camera with 50x optical lens. A 230mm x 230mm part stage mounted on a lab grade, micro-flat granite table provides X and Y axis movement of the workpiece with a 110m x 110m range. The YP10 is available from Sony Precision Technology America Incorporated.
CONTACT:Patrice Duncan, Sony Precision Technology America Inc, General Information, 20381 Hermana Circle, Lake Forest, CA, 92630, USA, duncan£sonypt.com
LOAD-DATE: December 5, 2002
Copyright 1998 UMI, Inc.; ABI/INFORM
Copyright Hitchcock Publishing Co 1998
Quality
September 1998
SECTION: Vol. 37, No. 9 Pg. 36-41; ISSN: 0360-9936; CODEN: QULTDP
LENGTH: 1582 words
HEADLINE: Noncontact measurement: Can laser triangulation help you?
BYLINE: Kennedy, William P
BODY:
Headnote: Noncontact lasertriangulation sensors perform measurement tasks other methods can't. Dimensional inspection has traditionally been performed with contact tools such as calipers, micrometers, contact profilometers or, on a larger scale, coordinate-measuring machines (CMM) with touch probes. Today's measurement requirements include smaller components, tighter tolerances, and less inspection time, increasing the need for precision-measurement tools to perform tasks such as: * measuring fragile, etched metal parts such as disk-drive suspension arms * scanning laser-printer drums and other components that can be damaged by contact methods * inspecting integrated circuits, connectors, and other electronic components with easily damaged wire contacts * checking materials that must be measured when still wet or soft, such as adhesives, sealants, and solder pastes. Laser triangulation is frequently the best solution for these types of applications because it combines the advantage of noncontact inspection with the ability to measure with submicrometer resolution. Triangulation technology is most useful for 2- and 3-D profiling where accurate, repeatable height measurements are critical. Users often turn to triangulation when other methods produce mixed results or are impractical. Laser-triangulation sensors determine height by measuring light reflected off a target. The sensor's laser diode projects a beam of light onto the target object. Some of the light is reflected off the object onto a light-sensitive detector built into the sensor. The detector records the position of the reflected beam and reports a height measurement. If the target or the sensor moves, the position of the reflection on the detector changes.
The sensor calculates the amount of change based on the new spot position on the detector. Triangulation sensors turn up in a variety of guises. Sensors can be fixtured for laboratory use, built into custom-engineered measurement systems, or used in general-purpose, noncontact scanning systems. They are also used as probes on CMMs or as the "fingers" on the arms of robotic metrology systems designed to scan large objects, such as automobile bodies. There are practical limits to the technology. Optical restrictions force a trade-off between measuring range and resolution, i.e., increasing resolution reduces sensor range. Lateral (x and y) resolution is related to the diameter of the laser beam, known as the "spot size." A sensor cannot reliably measure features smaller than the sensor's spot size. Sensors are available with spot sizes down to 7.5 mm (0.19 mils), limiting their use to measuring features of that size or larger. There is a common misconception that laser-triangulation sensors cannot measure shiny or transparent surfaces. While this is true for conventional sensors, "smart" sensors have been developed to handle these materials. Smooth or shiny materials that reflect light require a specular sensor. Materials with an irregular surface that scatter the reflected light need a diffuse sensor. With some experimentation, it is possible to use one or the other to measure almost any surface. (Chart Omitted) Captioned as: Principle of laser triangulation Translucent or transparent surfaces reflect the laser spot off the top and bottom surfaces, so that two laser spots are visible. The processing capabilities of smart sensors allow them to distinguish between the two spots and report separate measurements, then calculate the thickness of the transparent material based on the differential of the two spots. Two types of optical detectors, positionsensing detectors (PSD) and pixelized-array detectors, are used on triangulation sensors. The choice of detector determines the speed, volume, and quality of data acquired. Analog PSDs are fast, with data rates of around 200 kHz. Their output consists of two electrical signals (one from each end of the detector) reported as an analog voltage reading, then converted to a digital signal. Processing time is minimal because there are only two pieces of data. Pixelized, or digital, arrays are composed of rows of individual detectors, each reporting a separate voltage reading. They generate more data than analog sensors, so the data rate is slower, but post-processing provides more detailed information. Using an algorithm to analyze the data, the digital sensor locates the center of the laser spot to within a fraction of a pixel, identifies multiple spots when more than one reflection is recorded, and reports the location and intensity of each spot. Digital data processing allows the user to set thresholds that filter irregularities and eliminate spurious data, thereby improving the readings' quality. Triangulation sensors are used on noncontact scanning stations that diagram and analyze a target object's coordinates. A single row of data points collected by the sensor form a line showing the object's 2-D profile. When the height data from a parallel series of scans is combined with x and y data from precision-encoded stages, the scanning system generates a 3-D graph or wire diagram showing the topography of the entire measurement area. (Photograph Omitted) Captioned as: Laser-triangulation sensors use reflected light to measure height with submicrometer precision. Most scanning systems include software for analyzing data and comparing the data to the user-specified tolerances and target specifications. Some scanning stations use a video camera alongside the triangulation sensor to provide a magnified, real-time view of the area being measured and to detect any visible surface irregularities. Noncontact for manufacturing Improving finished product quality and yield requires that product assembly be monitored. The requisite inprocess gaging is often best handled using noncontact methods, because making a noncontact measurement has no effect on either the object or the process. Components can be inspected as they move uninterrupted down the assembly line. Wet or soft materials such as adhesives and sealants can be evaluated before they harden into their finished state. Vision systems often are suitable for in-line applications. But for height or displacement measurements, laser-triangulation sensors provide more detailed and repeatable data than conventional vision systems. For this reason, system integrators incorporate triangulation sensors into an automated assembly system to provide in-process gaging or position-sensing. Pairs of sensors can be used in-line on web systems where manufacturing involves a continuous roll of material passing through a number of steps before being cut into the final product. By mounting one sensor above and the other at roller level or below the web, material thickness can be monitored in real-time as the process operates. Noncontact for electronics assembly Triangulation sensors excel at collecting high-resolution measurements over a relatively small working range. This makes the technology a good fit for the electronics industry, where small, fragile components are the norm and touchless inspection is preferred. Triangulation sensors are used in-line for process control and off-line in a variety of inspection systems used for incoming and off-line sampled inspections. Besides being suitable for inspecting integrated circuit devices, triangulation sensors have proven to be ideal for inspecting soft or wet materials such as solder paste and thick film ink. When evaluating paste or ink deposits, height is the critical measurement, so triangulation is preferred over camera-based vision. Triangulation sensors are also used to inspect the delicate wire leads on integrated-circuit devices. The leads are easily bent or damaged by handling, which can cause defects in finished circuit boards. The best time to inspect devices is immediately prior to placement. Many of the leading manufacturers of high-speed component placement systems use a specially designed triangulation sensor that fits on the placement head and performs on-the-fly inspection as the head travels around the board to place components. Because automation, miniaturization, and tighter tolerances will be facts of life for the foreseeable future, the need for noncontact sensors will continue to grow. Triangulation sensors, as well as other noncontact sensors, are a necessary component of the automated, integrated manufacturing and assembly lines appearing in new and modernized factories. It is to be expected that the use of noncontact sensors in engineered systems will increase since process control is now emphasized as much as final inspection. Sidebar: Triangulation-sensor terminology Confused by the laser jargon? Here are definitions to help you: * Accuracy: The difference between the measured height and the known height of a target. * Dynamic resolution: The smallest detectable change in height when the sensor is moved horizontally over a NIST-traceable step gage of known height. * Measuring range: The distance over which a sensor is able to gather valid measurements. * Spot diameter: The diameter of the laser spot at the standoff distance. * Standoff: The distance from the sensor housing to the center of the measuring range. * Static resolution: The smallest detectable change in height when the sensor is held in position over a stationary target of known height. Author Affiliation: William P. Kennedy is an optical design engineer for CyberOptics Corp., Minneapolis.
GRAPHIC: Diagrams
JOURNAL-CODE: QUA
AVAILABILITY: Full text online. Photocopy available from ABI/INFORM 5898.01
ABI-ACC-NO: 01700056
LOAD-DATE: October 2, 1998