Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

---

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. 76653928 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 Proprietary computer software that uses physics-of-failure based principles to assess whether an electronic part/system can meet defined life cycle requirements based on its materials, geometry, and operating characteristics, allowing design engineers to interactively make design changes and assess the impact of product reliability
Original Filing Basis: 1(a).
Proposed: Class 009 for Downloadable computer software for assessing whether an electronic part/system can meet defined life cycle requirements based on its materials, geometry, and operating characteristics, using physics-of-failure based principles, enabling design engineers to interactively make design changes and assess the impact of product reliability.
Filing Basis: 1(a).
Additional Statements

The application declaration was signed on January 18, 2006. TMEP 804.01(b).

Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /anne r bowden/      Date: 12/05/2006
Signatory's Name: Anne R. Bowden
Signatory's Position: Attorney of record

Response Signature
Signature: /anne r bowden/     Date: 12/05/2006
Signatory's Name: Anne R. Bowden
Signatory's Position: Attorney of record
        
Serial Number: 76653928
Internet Transmission Date: Tue Dec 05 14:51:50 EST 2006
TEAS Stamp: USPTO/ROA-XXX.X.XX.XX-200612051451504951
19-76653928-36059c541197e5d8fee9519c24c0
e343db-N/A-N/A-20061205144541037385