Offc Action Outgoing

XSIGHT

ACCURAY INCORPORATED

Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO:           76/635461

 

    APPLICANT:         Accuray Incorporated

 

 

        

*76635461*

    CORRESPONDENT ADDRESS:

  LORI N.  BOATRIGHT

  BLAKELY SOKOLOFF TAYLOR & ZAFMAN

  12400 WILSHIRE BLVD FL 7

  LOS ANGELES, CA 90025-1019

 

RETURN ADDRESS: 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA 22313-1451

 

 

 

 

    MARK:       XSIGHT

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:   007291.T008

 

    CORRESPONDENT EMAIL ADDRESS: 

 

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.

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/635461

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

Search Results

The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.

 

Identification of Goods

The identification of goods is unacceptable as indefinite. TMEP §1402.01. The applicant may adopt the following identification: 

 

In Class 9: Radiosurgery and radiotherapy medical software for tracking and delivering treatment by means of bone structure and without the need for surgical implants

 

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 or services that are not within the scope of the goods and services recited in the present identification.

 

Classification of Goods

Applicant must correct the classification of the goods in the application and amend the application to classify them in International Class 9.  37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401.02(a) and 1401.03(b).

 

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

 

 

 

 

/Kevon L. Chisolm/

Trademark Attorney

Law Office 103

(571)-272-9270

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

  • ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
  • REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

 

STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.

 

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

 

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.

 


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