TEAS Request Reconsideration after FOA

PTO Form (Rev 4/2000)

OMB No. 0651-.... (Exp. 08/31/2004)

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PTO Form (Rev 4/2000)

OMB No. 0651-.... (Exp. 08/31/2004)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 77853677 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

This response is being filed to the Office Action dated August 5, 2010, in which the Examining Attorney required Applicant to further clarify the identification of goods and services.

Applicant has amended the identification of goods and services for clarity and respectfully submits that it has met the issue raised by the Examining Attorney.  Accordingly, Applicant requests that the Examining Attorney approve the application for registration.

Please contact the undersigned attorney if you have any questions.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer software for use in communications, networking, and other functions in all fields; computer hardware; computer software and networking equipment, namely, network hardware and software for developing, securing, monitoring and managing machine to machine networks; computer software and networking equipment, namely, network hardware and software for securing, monitoring and managing energy in the public utilities, gas utilities, electric utilities and water utilities industries; computer software and networking equipment, namely, network hardware and software for data collection applications, namely distribution automation and demand side management applications; communications networking systems consisting of computer hardware and various types of software, including communications software, networking software, WAN (wide area network) operating software, radio frequency wireless communications technology, namely, computer network interface devices, computer network bridges, and other devices, one-way and two-way automated meter reading devices and other monitoring and control devices for use in the energy and utility fields; computer hardware and software for use in transmitting data one-way and two-way between a data computing network and remote communications devices, namely, wireless network repeaters, routers, personal computers, laptop computers, cellular phones and handheld computers; electronic interface modules for receiving and transmitting energy-related information and requests between and among commodity meters, electronic devices and a host computer over a wide area network and a local area network; computer database management software used for receiving and monitoring energy usage information from multiple remote commodity meters in the public utilities, gas utilities, electric utilities and water utilities industries; electric utility meters, namely, gas meters, electric meters, and water meters; network interface cards; gateway routers in the nature of computer control hardware; electronic devices, namely, radio frequency repeaters used in long range communication for tracking and monitoring data; advanced meter communications devices, namely, transmitters, receivers and antennas used to collect, store and process consumption data, distribution automation data, demand response data and other information in the energy and utility fields, including electric, water, gas, solar, coal, thermal and nuclear energy
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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 with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Proposed:
Tracked Text Description: Computer software for use in communications, networking, and other functions in all fields; Computer software for enabling energy consumers, including public utility customers, to track, view, and monitor energy consumption information, namely, information related to usage analysis, cost analysis, bill analysis, bill estimation, energy budgeting, neighborhood comparisons, community analysis, environmental analysis, rate comparisons, weather modeling, and HVAC modeling, as well as to receive energy-related reports; computer hardware; computer software and networking equipment, namely, network hardware and software for developing, securing, monitoring and managing machine to machine networks; computer software and networking equipment, namely, network hardware and software for securing, monitoring and managing energy in the public utilities, gas utilities, electric utilities and water utilities industries; computer software and networking equipment, namely, network hardware and software for data collection applications, namely distribution automation and demand side management applications; communications networking systems consisting of computer hardware and various types of software, including communications software, networking software, WAN (wide area network) operating software, radio frequency wireless communications technology, namely, computer network interface devices, computer network bridges, and other devices, one-way and two-way automated meter reading devices and other monitoring and control devices for use in the energy and utility fields; communications networking systems consisting of computer hardware, WAN (wide area network) operating software, and software enabling public utilities to communicate with and control in-home appliances and electronic devices; radio frequency wireless communications technology, namely, network interface devices, relays, access points, and computer network bridges; electronic interface modules for receiving and transmitting energy-related information and requests between and among commodity meters, electronic devices and a host computer over a wide area network and a local area network; one-way and two-way automated meter reading devices for use in the energy and utility fields; computer hardware and software for use in transmitting data one-way and two-way between a data computing network and remote communications devices, namely, wireless network repeaters, routers, personal computers, laptop computers, cellular phones and handheld computers; electronic interface modules for receiving and transmitting energy-related information and requests between and among commodity meters, electronic vehicle charging stations, electronic devices and a host computer over a wide area network and a local area network; computer database management software used for receiving and monitoring energy usage information from multiple remote commodity meters in the public utilities, gas utilities, electric utilities and water utilities industries; electric utility meters, namely, gas meters, electric meters, and water meters; electronic devices, namely, radio frequency repeaters used in long range communication for tracking and monitoring data; network interface cards; gateway routers in the nature of computer control hardware; electronic devices, namely, radio frequency repeaters used in long range communication for tracking and monitoring energy usage and advanced meter reading data; advanced meter communications devices, namely, transmitters, receivers and antennas used to collect, store and process consumption data, distribution automation data, demand response data and other information in the energy and utility fields, including electric, water, gas, solar, coal, thermal and nuclear energyClass 009 for Computer software for enabling energy consumers, including public utility customers, to track, view, and monitor energy consumption information, namely, information related to usage analysis, cost analysis, bill analysis, bill estimation, energy budgeting, neighborhood comparisons, community analysis, environmental analysis, rate comparisons, weather modeling, and HVAC modeling, as well as to receive energy-related reports; computer hardware; computer software and networking equipment, namely, network hardware and software for developing, securing, monitoring and managing machine to machine networks; computer software and networking equipment, namely, network hardware and software for securing, monitoring and managing energy in the public utilities, gas utilities, electric utilities and water utilities industries; computer software and networking equipment, namely, network hardware and software for data collection applications, namely distribution automation and demand side management applications; communications networking systems consisting of computer hardware, WAN (wide area network) operating software, and software enabling public utilities to communicate with and control in-home appliances and electronic devices; radio frequency wireless communications technology, namely, network interface devices, relays, access points, and computer network bridges; one-way and two-way automated meter reading devices for use in the energy and utility fields; computer hardware and software for use in transmitting data one-way and two-way between a data computing network and remote communications devices, namely, wireless network repeaters, routers, personal computers, laptop computers, cellular phones and handheld computers; electronic interface modules for receiving and transmitting energy-related information and requests between and among commodity meters, electronic vehicle charging stations, electronic devices and a host computer over a wide area network and a local area network; computer database management software used for receiving and monitoring energy usage information from multiple remote commodity meters in the public utilities, gas utilities, electric utilities and water utilities industries; electric utility meters, namely, gas meters, electric meters, and water meters; network interface cards; gateway routers in the nature of computer control hardware; electronic devices, namely, radio frequency repeaters used in long range communication for tracking and monitoring energy usage and advanced meter reading data; advanced meter communications devices, namely, transmitters, receivers and antennas used to collect, store and process consumption data, distribution automation data, demand response data and other information in the energy and utility fields, including electric, water, gas, solar, coal, thermal and nuclear energy
Filing Basis: Section 1(b), Intent to Use: 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 with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

ADDITIONAL STATEMENTS
"Computer network interface devices" appears in the U.S. Acceptable Identification of Goods and Services Manual.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /lmg/     Date: 02/07/2011
Signatory's Name: Linda M. Goldman, Esq.
Signatory's Position: Attorney of record, California bar member

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 77853677
Internet Transmission Date: Mon Feb 07 20:28:49 EST 2011
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XXX-201102072028497
93236-77853677-480df14c40cd6a2a6445d541a
c02a6c1-N/A-N/A-20110207201304110583