Offc Action Outgoing

Applicant has attempted in good faith to submit a definite identification of goods. However, some of the wording still appears indefinite and possibly misclassified. The requirement for an amended identification is thus maintained and made final. §§1402.01 and 1402.03

THIS REFUSAL APPLIES ONLY TO THE GOODS/SERVICES/GOODS AND SERVICES SPECIFIED THEREIN NAMELY, light emitting diode illuminators for use in illuminating an object viewed through a lens and opto-mechanical and opto-electrical systems, namely camera and lens assembly

B. Identification and Clarification of Goods/Services

International Class 000: Optical lenses, light emitting diode illuminators for use in illuminating an object viewed through a lens, opto-mechanical and opto-electrical systems, namely camera and lens assemblies for machine vision to provide visual information in processes of assembly, testing, and inspection, machine automation, machine robotics, machine assembly, machine imaging for capturing visual information in visual form, machine testing, machine measuring, machine inspection, machine simulation, machine surveillance, and projection display for use in semiconductor manufacture, electronic imaging, telecommunications, biometrics, photonics, non-contact measurement, biotechnology and life science

The wording “illuminators and opto-mechanical and opto-electrical systems,” in the identification of goods/services must be clarified because it is too broad and could include goods/services in other international classes. See TMEP §§1402.01, 1402.03.

In addition, the wording does not provide sufficient specificity.

The word “system” in the identification of goods is indefinite and must be amended to list the major parts or components of the system, as well as describe the nature, purpose and use of the system. Applicant should use common generic terms when specifying the parts or components of the system. See TMEP §§1401.02(a), 1402.01.

Applicant may adopt the following identification of goods, if accurate: See TMEP §1402.01.

International Class 009: Optical lenses; opto-mechanical and opto-electrical systems [comprised of namely] camera and lens assemblies [please define assemblies e.g. camera and lenses with assemblies sold as a unit] for machine vision to provide visual information in processes of [machine] assembly, testing, and inspection, machine automation, machine robotics, machine assembly, machine imaging for capturing visual information in visual form, machine testing, machine measuring, machine inspection, machine simulation, machine surveillance, and projection display for use in semiconductor manufacture, electronic imaging, telecommunications, biometrics, photonics, non-contact measurement, biotechnology and life science

International Class 011: light emitting diode illuminators for use in illuminating an object viewed through a lens

If applicant adopts the suggested amendment of the goods and/or services, then applicant must amend the classification to International Classes 009 and 011. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§805, 1401.

Although identifications of goods and/or services may be amended to clarify or limit the goods and/or services, adding to or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification.

For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.

C. Advisory and proper response to Final Action

If applicant does not respond within six months of the mailing date of this final Office action, the following goods to which the final refusal(s) and/or requirement(s) apply will be deleted from the application by Examiner’s Amendment:

Class 009: light emitting diode illuminators for use in illuminating an object viewed through a lens, opto-mechanical and opto-electrical systems, namely camera and lens assemblies for machine vision to provide visual information in processes of assembly, testing, and inspection, machine automation, machine robotics, machine assembly, machine imaging for capturing visual information in visual form, machine testing, machine measuring, machine inspection, machine simulation, machine surveillance, and projection display for use in semiconductor manufacture, electronic imaging, telecommunications, biometrics, photonics, non-contact measurement, biotechnology and life science

The application will then proceed forward for the remaining goods 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).

Class 009: Optical lenses for machine vision to provide visual information in processes of assembly, testing, and inspection, machine automation, machine robotics, machine assembly, machine imaging for capturing visual information in visual form, machine testing, machine measuring, machine inspection, machine simulation, machine surveillance, and projection display for use in semiconductor manufacture, electronic imaging, telecommunications, biometrics, photonics, non-contact measurement, biotechnology and life science

Applicant may respond to this final Office action by:

(1) Submitting a response that fully satisfies all outstanding requirements, if feasible; and/or

(2) Filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class.

37 C.F.R. §§2.6(a)(18), 2.64(a); TBMP ch. 1200; TMEP §714.04.

In certain rare circumstances, a petition to the Director may be filed pursuant to 37 C.F.R. §2.63(b)(2) to review a final Office action that is limited to procedural issues. 37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b), TBMP §1201.05; TMEP §1704 (explaining petitionable matters). The petition fee is $100. 37 C.F.R. §2.6(a)(15).

/wrossman/

William M. Rossman

Trademark Examining Attorney

Law Office 109

William.Rossman@USPTO.GOV

571-272-9029

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail. For technical assistance with the form, please e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by e-mail; the USPTO does not accept e-mailed responses.

If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.

STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.