Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

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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. 78878180 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:
This is in response to the Final Office Action issued May 25, 2007 and is timely filed.  Applicant is amending the recitation of services in Classes 41 and 42 as recommended by the Examining Attorney.  Applicant notes that the Class 9 identification of goods is already acceptable. Accordingly, Applicant believes that the application is now in condition for publication and respectfully requests such action.

Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 041 for Providing online video game tournaments; providing online computer games; online entertainment services, namely conducting online contests; online entertainment services,namely providing a website portal where viewers can watch ongoing video game tournaments;online entertainment services, namely providing a website portal where video game players can upgrade and replace in-game characters, and can build and share new game motion recognizers
Original Filing Basis: 1(b).
Proposed: Class 041 for Providing online video game tournaments; providing online computer games; online entertainment services, namely conducting online contests; online entertainment services,namely providing a website portal where viewers can watch ongoing video game tournaments;online entertainment services, namely providing a website portal where video game players can upgrade and replace in-game characters, and can build and share new in-game motion recognizers
Filing Basis: 1(b).
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 042 for Providing online non-downloadable software for use in developing medical, rehabilitation, and gesture recognition technology and devices; providing online non-downloadable software for use in developing technologies and devices in the field of accelerometers; providing online non-downloadable computer software for use in developing online computer video games; providing online non-downloadable computer software development tools; computer consultation services; software development services; research services, namely scientific, medical, and product research services; technical support services namely troubleshooting of computer hardware and software problems
Original Filing Basis: 1(b).
Proposed: Class 042 for Providing online non-downloadable software for use in developing medical, rehabilitation, and gesture recognition technology and devices; providing online non-downloadable software for use in developing technologies and devices in the field of accelerometers; providing online non-downloadable computer software for use in developing online computer video games; providing online non-downloadable computer software development tools; computer consultation services; software development services; research services, namely scientific, medical, and product research services; technical support services namely troubleshooting of computer hardware and software problems; providing temporary use of on-line non-downloadable software for building and sharing new video game motion recognizers.
Filing Basis: 1(b).

Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /lgh/     Date: 05/25/2007
Signatory's Name: Linda G. Henry
Signatory's Position: Attorney of record

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.
        
Serial Number: 78878180
Internet Transmission Date: Fri May 25 17:16:31 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-200705251716311
22136-78878180-370cbc22719336c7347d199fb
6da73bdf-N/A-N/A-20070525171052812400