| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
76593864 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 107 |
| MARK SECTION (no change) |
| GOODS AND/OR SERVICES SECTION (009)(current) |
| INTERNATIONAL CLASS |
009 |
| DESCRIPTION |
| Lasers for non-medical purposes; laser beam scanning systems for lasers for non-medical purposes, including lasers, scanners, trackers, hardware and software; laser beam
scanning apparatus and equipment for lasers for non-medical purposes, including lasers, scanners, trackers, hardware and software; tracking systems for lasers for non-medical purposes, including
lasers, scanners, trackers, hardware and software; tracking apparatus and equipment for lasers for non-medical purposes, including lasers, scanners, trackers, hardware and software; parts, fittings
and accessories in this class for any of the aforesaid goods; software and computer programs, including software and computer programs for medical and non-medical lasers, medical and non-medical
laser beam scanning systems, medical and non-medical laser beam scanning apparatus, tracking systems for medical and non-medical lasers, tracking apparatus for medical and non-medical lasers,
ophthalmic purposes involving the use of lasers, scanners, trackers, hardware and software, ophthalmic procedures involving the use of lasers, scanners, trackers, hardware and software, ophthalmic
surgery involving the use of lasers, scanners, trackers, hardware and software, eye tracking and ancillary procedures involving the use of lasers, scanners, trackers, hardware and software,
ophthalmic apparatus, ophthalmic equipment and diagnostics for measuring the visual pathways of the eye |
| FILING BASIS |
Section 1(b) |
| FILING BASIS |
Section 44(d) |
| FOREIGN APPLICATION NUMBER |
980250 |
| FOREIGN FILING DATE |
11/28/2003 |
| GOODS AND/OR SERVICES SECTION (009)(proposed) |
| INTERNATIONAL CLASS |
009 |
| DESCRIPTION |
| Lasers for non-medical purposes; laser beam scanning systems for ophthalmic application for lasers for non-medical purposes; laser beam scanning apparatus and equipment
for lasers for ophthalmic application for non-medical purposes; tracking systems for ophthalmic application for lasers for non-medical purposes; tracking apparatus and equipment for ophthalmic
application for lasers for non-medical purposes; parts, fittings and accessories for the aforesaid goods; software and computer programs for non-medical lasers, non-medical laser beam scanning
systems, non-medical laser beam scanning apparatus, tracking systems for non-medical lasers, tracking apparatus for non-medical lasers, ophthalmic purposes involving the use of apparatus for the
diagnosis, correction, treatment and detection of vision and eye problems, ophthalmic procedures involving the use of apparatus for the diagnosis, correction, treatment and detection of vision and
eye problems, ophthalmic surgery involving the use of apparatus for the detection, diagnosis, correction and treatment of vision and eye problems, eye tracking and ancillary procedures involving the
use of apparatus for the detection, diagnosis, correction and treatment of vision and eye problems, ophthalmic apparatus, ophthalmic equipment and diagnostics for measuring the visual pathways of the
eye |
| FILING BASIS |
Section 1(b) |
| FILING BASIS |
Section 44(d) |
| FOREIGN APPLICATION NUMBER |
980250 |
| FOREIGN FILING DATE |
11/28/2003 |
| GOODS AND/OR SERVICES SECTION (010)(current) |
| INTERNATIONAL CLASS |
010 |
| DESCRIPTION |
| Lasers for medical purposes, including lasers for ophthalmic surgery and ophthalmic procedures; laser beam scanning systems for lasers for medical purposes, including,
lasers, scanners, trackers, hardware and software; laser beam scanning apparatus and equipment for lasers for medical purposes, including lasers, scanners, trackers, hardware and software; tracking
systems for lasers for medical purposes, including lasers, scanners, trackers, hardware and software; tracking apparatus and equipment for lasers for medical purposes, including lasers, scanners,
trackers, hardware and software; medical apparatus, equipment and instruments, including eye scanning apparatus and equipment, and eye tracking apparatus and equipment; diagnostic apparatus,
equipment and tools for measuring the visual pathways of the eye; parts fittings and accessories in this class for any of the aforesaid goods |
| FILING BASIS |
Section 1(b) |
| FILING BASIS |
Section 44(d) |
| GOODS AND/OR SERVICES SECTION (010)(proposed) |
| INTERNATIONAL CLASS |
010 |
| DESCRIPTION |
| Lasers for medical purposes, namely, lasers for ophthalmic surgery and ophthalmic procedures; laser beam scanning systems for ophthalmic application for lasers for
medical purposes; laser beam scanning apparatus and equipment for ophthalmic application for lasers for medical purposes; tracking apparatus and equipment for ophthalmic application for lasers for
medical purposes; medical apparatus, equipment and instruments, namely, eye scanning apparatus and equipment involving the use of apparatus for the detection, diagnosis, correction and treatment of
vision and eye problems; eye tracking apparatus and equipment involving the use of apparatus for the detection, diagnosis, correction and treatment of vision and eye problems; diagnostic apparatus,
equipment and tools for ophthalmic application for measuring the visual pathways of the eye; parts, fittings and accessories in this class for any of the aforesaid goods |
| FILING BASIS |
Section 1(b) |
| FILING BASIS |
Section 44(d) |
| ADDITIONAL STATEMENTS SECTION |
| MISCELLANEOUS STATEMENT |
Applicant submits this amendment to the goods in classes 9 and 10, per its email communication with the Examining Attorney in which he advised that the description of goods as
amended would be acceptable. Applicant submitted a previous response indicating that the mark had registered in Australia but that the registration certificate was not yet available. After entering
the amendment to the goods, please suspend prosecution on this application until the Australian registration certificate is submitted. If any questions or issues remain, please contact the
undersigned Applicant's attorney. |
| SIGNATURE SECTION |
| DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice. |
| RESPONSE SIGNATURE |
/Barbara A. Friedman/ |
| SIGNATORY'S NAME |
Barbara A. Friedman |
| SIGNATORY'S POSITION |
Applicant's Attorney |
| DATE SIGNED |
05/10/2007 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Thu May 10 11:01:02 EDT 2007 |
| TEAS STAMP |
USPTO/ROA-XX.XX.XX.XX-200
70510110102110333-7659386
4-370b8fa92c58439bb5d338e
66da5ef7b6-N/A-N/A-200705
10101344087432 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
76593864 has been amended as follows:
Classification and Listing of Goods/Services
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 009 for Lasers for non-medical purposes; laser beam scanning systems for lasers for non-medical purposes, including lasers, scanners, trackers, hardware and software; laser beam
scanning apparatus and equipment for lasers for non-medical purposes, including lasers, scanners, trackers, hardware and software; tracking systems for lasers for non-medical purposes, including
lasers, scanners, trackers, hardware and software; tracking apparatus and equipment for lasers for non-medical purposes, including lasers, scanners, trackers, hardware and software; parts, fittings
and accessories in this class for any of the aforesaid goods; software and computer programs, including software and computer programs for medical and non-medical lasers, medical and non-medical
laser beam scanning systems, medical and non-medical laser beam scanning apparatus, tracking systems for medical and non-medical lasers, tracking apparatus for medical and non-medical lasers,
ophthalmic purposes involving the use of lasers, scanners, trackers, hardware and software, ophthalmic procedures involving the use of lasers, scanners, trackers, hardware and software, ophthalmic
surgery involving the use of lasers, scanners, trackers, hardware and software, eye tracking and ancillary procedures involving the use of lasers, scanners, trackers, hardware and software,
ophthalmic apparatus, ophthalmic equipment and diagnostics for measuring the visual pathways of the eye
Original Filing Basis: 1(b); and 44(d).
Proposed: Class 009 for Lasers for non-medical purposes; laser beam scanning systems for ophthalmic application for lasers for non-medical purposes; laser beam scanning apparatus and equipment for
lasers for ophthalmic application for non-medical purposes; tracking systems for ophthalmic application for lasers for non-medical purposes; tracking apparatus and equipment for ophthalmic
application for lasers for non-medical purposes; parts, fittings and accessories for the aforesaid goods; software and computer programs for non-medical lasers, non-medical laser beam scanning
systems, non-medical laser beam scanning apparatus, tracking systems for non-medical lasers, tracking apparatus for non-medical lasers, ophthalmic purposes involving the use of apparatus for the
diagnosis, correction, treatment and detection of vision and eye problems, ophthalmic procedures involving the use of apparatus for the diagnosis, correction, treatment and detection of vision and
eye problems, ophthalmic surgery involving the use of apparatus for the detection, diagnosis, correction and treatment of vision and eye problems, eye tracking and ancillary procedures involving the
use of apparatus for the detection, diagnosis, correction and treatment of vision and eye problems, ophthalmic apparatus, ophthalmic equipment and diagnostics for measuring the visual pathways of the
eye
Filing Basis: 1(b); and 44(d).
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 010 for Lasers for medical purposes, including lasers for ophthalmic surgery and ophthalmic procedures; laser beam scanning systems for lasers for medical purposes, including, lasers,
scanners, trackers, hardware and software; laser beam scanning apparatus and equipment for lasers for medical purposes, including lasers, scanners, trackers, hardware and software; tracking systems
for lasers for medical purposes, including lasers, scanners, trackers, hardware and software; tracking apparatus and equipment for lasers for medical purposes, including lasers, scanners, trackers,
hardware and software; medical apparatus, equipment and instruments, including eye scanning apparatus and equipment, and eye tracking apparatus and equipment; diagnostic apparatus, equipment and
tools for measuring the visual pathways of the eye; parts fittings and accessories in this class for any of the aforesaid goods
Original Filing Basis: 1(b); and 44(d).
Proposed: Class 010 for Lasers for medical purposes, namely, lasers for ophthalmic surgery and ophthalmic procedures; laser beam scanning systems for ophthalmic application for lasers for medical
purposes; laser beam scanning apparatus and equipment for ophthalmic application for lasers for medical purposes; tracking apparatus and equipment for ophthalmic application for lasers for medical
purposes; medical apparatus, equipment and instruments, namely, eye scanning apparatus and equipment involving the use of apparatus for the detection, diagnosis, correction and treatment of vision
and eye problems; eye tracking apparatus and equipment involving the use of apparatus for the detection, diagnosis, correction and treatment of vision and eye problems; diagnostic apparatus,
equipment and tools for ophthalmic application for measuring the visual pathways of the eye; parts, fittings and accessories in this class for any of the aforesaid goods
Filing Basis: 1(b); and 44(d).
Additional Statements
Applicant submits this amendment to the goods in classes 9 and 10, per its email communication with the Examining Attorney in which he advised that the description of goods as amended would be
acceptable. Applicant submitted a previous response indicating that the mark had registered in Australia but that the registration certificate was not yet available. After entering the amendment to
the goods, please suspend prosecution on this application until the Australian registration certificate is submitted. If any questions or issues remain, please contact the undersigned Applicant's
attorney.
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon
later review, require a signed declaration.
Response Signature
Signature: /Barbara A. Friedman/ Date: 05/10/2007
Signatory's Name: Barbara A. Friedman
Signatory's Position: Applicant's Attorney
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.
attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a
signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney
appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this
matter.
Serial Number: 76593864
Internet Transmission Date: Thu May 10 11:01:02 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-200705101101021103
33-76593864-370b8fa92c58439bb5d338e66da5
ef7b6-N/A-N/A-20070510101344087432