Response to Office Action

PTO Form 1957 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76618954 has been amended as follows:
Classification and Listing of Goods/Services
Applicant hereby deletes the following class of goods/services from the application.
Class 042 for Maintenance and extended warranty services for ultrasound scanners, ultrasound imaging devices, and ancillary equipment, namely animal handling equipment; development of customized computer software, patches and updates for ultrasound imaging systems comprising ultrasound scanners, ultrasound imaging devices, and ancillary equipment, namely animal handling equipment

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 009 for Equipment for scientific research and for diagnosis, namely ultrasound imaging systems comprising ultrasound scanners, ultrasound imaging devices, and ancillary equipment, namely animal handling equipment
Original Filing Basis: 1(b).
Proposed: Class 009 for Equipment for scientific research, namely ultrasound imaging systems comprising ultrasound scanners, ultrasound imaging devices and integrated computer software for operation thereof, and animal handling equipment for positioning, holding, anesthetizing and injecting test subject animals.
Applicant hereby adds the following class of goods/services to the application:
New:
Class 036 (Original Class: 042 ) for Providing extended warranty services for ultrasound scanners, ultrasound imaging devices, and ancillary equipment, namely animal handling equipment.
Section 1(b), The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection withthe identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).
Applicant hereby adds the following class of goods/services to the application:
New:
Class 010 for Equipment for medical diagnosis, namely ultrasound imaging systems comprising ultrasound scanners, ultrasound imaging devices, and integrated computer software for operation thereof.
Section 1(b), The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection withthe identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).
Applicant hereby adds the following class of goods/services to the application:
New:
Class 037 for Maintenance services for ultrasound scanners, ultrasound imaging devices, and ancillary equipment, namely animal handling equipment.
Section 1(b), The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection withthe identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Additional Statements
"The mark consists of a design with 9 dots in a 3 by 3 arrangement, in which the dots in the corner positions of the top row and in the middle position of the middle row are slightly larger than the other 6 dots and in which the left upper and middle center row dot appear to bleed into each other."
The original description of services in Class 42 included, in part, the following: "development of customized computer software, patches and updates for ultrasound imaging systems comprising ultrasound scanners, ultrasound imaging devices, and ancillary equipment, namely, animal handling equipment." The Examiner's proposed descriptions in Classes 36 and 37 included this language. Applicant states that it develops and provides "customized computer software, patches and updates for ultrasound imaging systems comprising ultrasound scanners, ultrasound imaging devices, and ancillary equipment, namely animal handling equipment" in connection with its Class 09 and 10 products and that this software is integrated into its products identified in Classes 09 and 10. Therefore, Applicant has clarified and amended its Class 09 and 10 descriptions to include this integrated software component and has not included it in the Class 36 and 37 descriptions.

Fees
Fee(s) in the amount of $650 is being submitted.


Declaration Signature
I hereby elect to by-pass any declaration edit, because I do not believe a declaration is required by the rules of practice. I understand that the examining attorney could still, upon later review, require a declaration, however.
Response Signature

Signature: /Nancy K. Gardner/     Date: 11/29/2005
Signatory's Name: Nancy K. Gardner
Signatory's Position: Attorney for Applicant
        
RAM Sale Number: 47
RAM Accounting Date: 11/30/2005
        
Serial Number: 76618954
Internet Transmission Date: Tue Nov 29 15:02:27 EST 2005
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.X-20051129150227448
723-76618954-320355df0f1f01b817af57a7c7b
42d14260-CC-47-20051129143206896714