Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79290410 FLEXFLYT(Standard Characters, see http://uspto.report/TM/79290410/mark.png) has been amended as follows:

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

Applicant advises that a Substitute Power of Attorney is being processed and will be filed shortly.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Application software for the field of avionics, vehicle management and auxiliary management means related to airplanes; Computer software for estimation of resources regarding networks, data calculations, input/output data flow management, memory of an integrated modular avionics platform; operating system software platforms for calculators; computer software for monitoring, configuration, development, testing and qualification for avionic applications; computer software for maintenance and troubleshooting in the field of avionics; computer hardware, namely, electronic calculators, computers, disks for data storage; avionic Ethernet controllers; electronic avionic computers; data recording, transmission, reception, processing or reproduction apparatus; electronic data processing apparatus; electronic tactile display and control screens; Ethernet transceivers; optical transceivers; application software for cloud computing; software that assists computers in deploying parallel applications and performing parallel computations; compiling software; software for diagnostics and troubleshooting; software for researching and extracting information across a computer network; simulation software for digital computers; software for operating local area networks [LANs]; computer software for computer system maintenance and operation; network routers; simulators for training
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.


Proposed:

Tracked Text Description: Application software for the field of avionics, vehicle management and auxiliary management means related to airplanes; Downloadable computer application software for primary and multi-function flight management systems in the fields of avionics, vehicle management and auxiliary management means related to airplanes in the fields of utilities systems; Computer software for estimation of resources regarding networks, data calculations, input/output data flow management, memory of an integrated modular avionics platform; downloadable and recorded computer software for estimation of performance resources regarding computer networks, data calculations, input and output data flow management, and usage and capacity memory of an integrated modular avionics platform in the nature of a standardized and certified operation system applied to a common hardware platform; operating system software platforms for calculators; recorded operating system software platforms for calculators; computer software for monitoring, configuration, development, testing and qualification for avionic applications; downloadable computer software for monitoring, configuration, development, testing and qualification for avionic applications, namely, cockpit avionics; computer software for maintenance and troubleshooting in the field of avionics; recorded computer software for maintenance of computer hardware and troubleshooting in the nature of diagnosing problems with computer hardware in the field of avionics; computer hardware, namely, electronic calculators, computers, disks for data storage; computer hardware, namely, electronic calculators, computers, and disk drives for data storage; avionic Ethernet controllers; electronic avionic computers; data recording, transmission, reception, processing or reproduction apparatus; electronic data processing apparatus; electronic tactile display and control screens; electronic tactile display and control screens, namely, interactive touch screen terminals; Ethernet transceivers; optical transceivers; application software for cloud computing; downloadable application software for cloud computing for deploying and managing virtual machines to a cloud computing platform; software that assists computers in deploying parallel applications and performing parallel computations; downloadable computer software that assists computers in deploying parallel applications and performing parallel computations; compiling software; downloadable compiling compiler software; software for diagnostics and troubleshooting; downloadable computer software for diagnostics of flight information and troubleshooting in the nature of diagnosing problems with computer hardware; software for researching and extracting information across a computer network; downloadable computer software for researching and extracting information across a computer network; simulation software for digital computers; downloadable flight simulation software for digital computers; software for operating local area networks [LANs]; downloadable computer software for operating local area networks (LAN); computer software for computer system maintenance and operation; downloadable computer software for performing computer system maintenance and operation; network routers; simulators for training; simulators for training, namely, flight simulators for aircraft operation trainingClass 009 for Downloadable computer application software for primary and multi-function flight management systems in the fields of avionics, vehicle management and auxiliary management means related to airplanes in the fields of utilities systems; downloadable and recorded computer software for estimation of performance resources regarding computer networks, data calculations, input and output data flow management, and usage and capacity memory of an integrated modular avionics platform in the nature of a standardized and certified operation system applied to a common hardware platform; recorded operating system software platforms for calculators; downloadable computer software for monitoring, configuration, development, testing and qualification for avionic applications, namely, cockpit avionics; recorded computer software for maintenance of computer hardware and troubleshooting in the nature of diagnosing problems with computer hardware in the field of avionics; computer hardware, namely, electronic calculators, computers, and disk drives for data storage; avionic Ethernet controllers; electronic avionic computers; data recording, transmission, reception, processing or reproduction apparatus; electronic data processing apparatus; electronic tactile display and control screens, namely, interactive touch screen terminals; Ethernet transceivers; optical transceivers; downloadable application software for cloud computing for deploying and managing virtual machines to a cloud computing platform; downloadable computer software that assists computers in deploying parallel applications and performing parallel computations; downloadable compiling compiler software; downloadable computer software for diagnostics of flight information and troubleshooting in the nature of diagnosing problems with computer hardware; downloadable computer software for researching and extracting information across a computer network; downloadable flight simulation software for digital computers; downloadable computer software for operating local area networks (LAN); downloadable computer software for performing computer system maintenance and operation; network routers; simulators for training, namely, flight simulators for aircraft operation training

Webpage URL: None Provided
Webpage Date of Access: None Provided


Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following:

Current:
Class 038 for Communications by and between computers and computer terminals; communications by fiber-optic networks; dissemination of data; provision of access to data or documents stored electronically in central files for the purpose of remote consultation; provision of access to computer programs on data networks; provision of access to an electronic on-line network for retrieval of information; electronic data transfer; digital data transfer; transmission of digital files; transmission of information
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.


Proposed:

Tracked Text Description: Communications by and between computers and computer terminals; communications by fiber-optic networks; dissemination of data; dissemination of data, namely, electronic transmission of data and documents via computer terminals; provision of access to data or documents stored electronically in central files for the purpose of remote consultation; provision of access to computer programs on data networks; provision of user access to computer programs on data networks; provision of access to an electronic on-line network for retrieval of information; provision of multiple user access to an electronic on-line global computer network for retrieval of information; electronic data transfer; electronic data transfer by telecommunications; digital data transfer; digital data transfer, namely, electronic, electric, and digital transmission of voice, data, images, signals, and messages; transmission of digital files; transmission of information; transmission of information by electronic communications networksClass 038 for Communications by and between computers and computer terminals; communications by fiber-optic networks; dissemination of data, namely, electronic transmission of data and documents via computer terminals; provision of access to data or documents stored electronically in central files for the purpose of remote consultation; provision of user access to computer programs on data networks; provision of multiple user access to an electronic on-line global computer network for retrieval of information; electronic data transfer by telecommunications; digital data transfer, namely, electronic, electric, and digital transmission of voice, data, images, signals, and messages; transmission of digital files; transmission of information by electronic communications networks

Webpage URL: None Provided
Webpage Date of Access: None Provided


Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following:

Current:
Class 042 for Computer platform as a service [PaaS]; compilation of computer programs; design of aircraft; design of computer hardware and software; design of computer programs and software in relation to aircraft; design, development, maintenance and updating of data processing software; design and development of testing and analysis methods; design, installation, updating and maintenance of software; configuration, installation, fault diagnosis, repair, upgrading and maintenance of software; advice relating to computer software design; testing, analysis and evaluation of the services of others for certification purposes; testing, analysis and evaluation of the services of others; testing, analysis and evaluation of products and services of others with a view to their certification; integration of computer systems and networks; carrying out technical feasibility studies
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.


Proposed:

Tracked Text Description: Computer platform as a service [PaaS]; Computer platform as a service (PAAS) featuring computer software platforms for use in database management in the field of avionics; compilation of computer programs; compilation of computer programs, namely, computer software design and development; design of aircraft; design of computer hardware and software; design of computer programs and software in relation to aircraft; design, development, maintenance and updating of data processing software; design and development of testing and analysis methods; design and development of testing and analysis methods in the field of avionics; design, installation, updating and maintenance of software; configuration, installation, fault diagnosis, repair, upgrading and maintenance of software; advice relating to computer software design; testing, analysis and evaluation of the services of others for certification purposes; testing, analysis and evaluation of the services of others to determine the conformity with certification standards for certification purposes; testing, analysis and evaluation of the services of others; testing, analysis and evaluation of the services of others to determine conformity with certification standards; testing, analysis and evaluation of products and services of others with a view to their certification; testing, analysis and evaluation of products and services of others with a view to their certification to determine the conformity with certification standards; integration of computer systems and networks; carrying out technical feasibility studies; carrying out conducting technical feasibility studies in the field of new technologiesClass 042 for Computer platform as a service (PAAS) featuring computer software platforms for use in database management in the field of avionics; compilation of computer programs, namely, computer software design and development; design of aircraft; design of computer hardware and software; design of computer programs and software in relation to aircraft; design, development, maintenance and updating of data processing software; design and development of testing and analysis methods in the field of avionics; design, installation, updating and maintenance of software; configuration, installation, fault diagnosis, repair, upgrading and maintenance of software; advice relating to computer software design; testing, analysis and evaluation of the services of others to determine the conformity with certification standards for certification purposes; testing, analysis and evaluation of the services of others to determine conformity with certification standards; testing, analysis and evaluation of products and services of others with a view to their certification to determine the conformity with certification standards; integration of computer systems and networks; carrying out conducting technical feasibility studies in the field of new technologies

Webpage URL: None Provided
Webpage Date of Access: None Provided


Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: THALES AVS FRANCE SAS a(n) Société par Actions Simplifiée
Proposed: THALES AVS FRANCE SAS, Société par Actions Simplifiée legally organized under the laws of France
      Email Address: XXXX

The owner's/holder's proposed attorney information: Jeffrey H. Kaufman. Jeffrey H. Kaufman of Muncy, Geissler, Olds & Lowe, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      4000 Legato Road, Suite 310
      Fairfax, Virginia 22033
      United States
is appointed to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is THAL00019.
      The phone number is 7046493800.
      The fax number is 7036217155.
      The email address is jhk@mg-ip.com

Jeffrey H. Kaufman submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      Marks & Clerk France
Correspondence Information (proposed):
      Jeffrey H. Kaufman
      PRIMARY EMAIL FOR CORRESPONDENCE: jhk@mg-ip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mailroom@mg-ip.com

The docket/reference number is THAL00019.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Jeffrey H. Kaufman/     Date: 04/14/2021
Signatory's Name: Jeffrey H. Kaufman
Signatory's Position: Attorney of Record, VA State Bar Member

Signatory's Phone Number: 703-649-3800 Signature method: Sent to third party for signature

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Marks & Clerk France
   
   22 avenue Aristide Briand
   Immeuble Visium,
   F-94117 Arcueil Cedex,
Mailing Address:    Jeffrey H. Kaufman
   Muncy, Geissler, Olds & Lowe, P.C.
   4000 Legato Road, Suite 310
   Fairfax, Virginia 22033
        
Serial Number: 79290410
Internet Transmission Date: Wed Apr 14 12:27:44 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202104141227446
68259-79290410-7704f21cbf73ea9b2c3eff2a0
6eb89be62cf1efbebac330c42f169faf5fa913f7
a-N/A-N/A-20210414120636977501