Reconsideration Letter

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

Serial Number 76/508786

 

 

Applicant is requesting reconsideration of a final refusal dated May 26, 2004.  The applicant amended the identification of goods in Class 9 and the services in Class 38.  The amended identification is acceptable for Class 38.  The identification for Class 9 remains unacceptable for the following reasons.

 

Requirement for Definite Identification of Goods – Final Action Maintained and Continued

 

The identification of goods in Class 9 remains unacceptable as indefinite because the nature or function of some of the goods is unclear.  The applicant may adopt the following identification, if accurate:   TMEP §1402.01.

 

Class 9:

 

Electronic apparatus and equipment, namely, computers, data processors, display monitors, computer software for use in [specify function or purpose of the software], database management software, electronic database recorded on computer media in the field of [specify subject matter or field] and computer interface devices used to connect peripheral medical devices, patient monitoring systems and clinical information systems, all for use in monitoring, measuring, recording, accessing and transmitting the physiological or medical conditions and data of patients.

Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.

 

After careful consideration of the law and facts of the case, the examining attorney must deny the request for reconsideration and adhere to the final action as written since no new facts or reasons have been presented that are significant and compelling with regard to the point at issue.

 

Accordingly, applicant’s request for reconsideration is denied.  The time for appeal runs from the date the final action was mailed.  37 C.F.R. Section 2.64(b); TMEP Section 715.03(c).

 

 

NOTICE:  TRADEMARK OPERATION RELOCATING OCTOBER AND NOVEMBER 2004

 

The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004.  Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:

 

 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA  22313-1451

 

Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.

 

To reach the undersigned attorney by telephone after October 18, 2004, please call (571) 272 - 9132.  Thank you.

 

Applicant may respond to this Office action using the Office’s Trademark Electronic Application System (TEAS) at <http://www.gov.uspto.report/teas/index.html>.  When using TEAS the data the applicant submits is directly uploaded into the Office’s database, which reduces processing time and eliminates the possibility of data entry errors by the Office.  Applicants are strongly encouraged to use TEAS to respond to Office actions.  Applicants using TEAS should not submit a duplicate paper copy of the response.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

 

/Karen Bracey/

Examining Attorney

Law Office 116

703-306-7914

703-746-8116 (fax)