Offc Action Outgoing

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

ISSUE/MAILING DATE:

THIS IS A FINAL ACTION.

This Office action is in response to applicant’s communication filed on 03/10/2011.

The following requirements have been satisfied: Signed declaration. TMEP §§713.02, 714.04.

The following requirements are now made FINAL: Broad/indefinite identification of goods. See37 C.F.R. §2.64(a).

FINAL: Identification of Goods – Broad/Indefinite Wording

The following wording in bold in the identification of goods continues to clarification because it is too broad and could include goods/services classified in other international classes. See TMEP §§1402.01, 1402.03.

International Class 007: Electric motors, electric drives, hydraulic pumps and hydraulic motors for aircraft applications, namely flight control, engine control, vibration control, flight braking and steering; linear actuators; integrated thruster exhaust manifolds for engines, and hydraulic controls for machines, motors and engines for aviation, space, marine and defense applications in the nature of weapon aiming and stabilization, ammunition loading actuation, launch vehicle propulsion controls, launch vehicle steering controls, space flight motion controls, missile steering controls, missile control, marine steering control and turbine steam control, servo-valves and exhaust control manifolds for aircraft applications, namely flight control, engine control, vibration control, flight braking and steering

International Class 013: Guided missile systems consisting of guided missiles and missile launching platforms and guided missile controls; automatic ammunition handling system for ground vehicles

International Class 037: Installation, modification, maintenance and repair of aviation, avionics, aerospace, marine and defense products

Applicant must use the common commercial or generic names for the goods/services, be as complete and specific as possible, and avoid the use of indefinite words and phrases.

In the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases. If applicant uses indefinite words such as “accessories,” “components,” “devices,” “equipment,” “materials,” “parts,” “systems” or “products,” such words must be followed by “namely,” followed by a list of the specific goods identified by their common commercial or generic names. See TMEP §§1402.01, 1402.03(a).

Applicant may change this wording to following if accurate.

International Class 007: Electric motors, electric drives, hydraulic pumps and hydraulic motors for aircraft applications, namely flight control, engine control, vibration control, flight braking and steering; linear actuators; integrated thruster exhaust manifolds for engines, and hydraulic controls for machines, motors and engines for aviation, space, marine and defense applications in the nature of weapon aiming and stabilization, ammunition loading actuation, launch vehicle propulsion controls, launch vehicle steering controls, space flight motion controls, missile steering controls, missile flight control marine steering control and turbine steam control {specify what turbine steam control means}; servo-valves and exhaust control manifolds for aircraft applications, namely flight control, engine control, vibration control, flight braking and steering”

International Class 009: Electronic servo motor controller and computer software for aircraft applications, namely flight control, engine control, vibration control, flight braking and steering, electric actuators and navigation; avionic sensor systems, namely, navigation systems; computer software, data display illumination regulators, electric actuators, electrical controllers, electronic controllers for speed, for air space, marine and defense applications, in the nature of weapon aiming and stabilization, ammunition loading actuation, launch vehicle propulsion controls, launch vehicle steering controls, space flight motion controls, missile steering controls, missile control, marine steering control and turbine steam control

International Class 013: Guided missile systems consisting of guided missiles and missile launching platforms and guided missile controls; automatic ammunition handling system for ground vehicles, namely, loading tools in the nature of recappers, loading blocks, and powder measures shell loaders.”

International Class 037: Installation, modification, maintenance and repair of aviation, avionics, aerospace, marine and defense products, namely, aircraft, aircraft engines, spacecraft, rocket engines, submarines, missiles, bombs, missile and bomb launching and management systems.

International Class 042: Engineering and design services for air, space, marine and defense vehicles, namely, aircraft, spacecraft, tanks, submarines, ships and trucks

See TMEP §1402.01.

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.

Identifications of goods can be amended only to clarify or limit the goods; adding to or broadening the scope of the goods 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 that are not within the scope of the goods set forth in the present identification.

If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b):

(1) Applicant must list the goods and/or services by international class; and

(2) Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov).

See 37 C.F.R. §§2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

Partial Abandonment and Applicant’s Response

If applicant does not respond to this Office action within the six-month period for response, the following goods in the following International Class will be deleted from the application:

International Class 007: missile control, turbine steam control

International Class 013: automatic ammunition handling system for ground vehicles

International Class 037: Installation, modification, maintenance and repair of aviation, avionics, aerospace, marine and defense products

The application will then proceed with the following goods and/or services in International Classes only: .

International Class 007: Electric motors, electric drives, hydraulic pumps and hydraulic motors for aircraft applications, namely flight control, engine control, vibration control, flight braking and steering; linear actuators; integrated thruster exhaust manifolds for engines, and hydraulic controls for machines, motors and engines for aviation, space, marine and defense applications in the nature of weapon aiming and stabilization, ammunition loading actuation, launch vehicle propulsion controls, launch vehicle steering controls, space flight motion controls, missile steering controls, marine steering control; servo-valves and exhaust control manifolds for aircraft applications, namely flight control, engine control, vibration control, flight braking and steering”

International Class 013: Guided missile systems consisting of guided missiles and missile launching platforms and guided missile controls;

International Class 042: Engineering and design services for air, space, marine and defense vehicles, namely, aircraft, spacecraft, tanks, submarines, ships and trucks

See 37 C.F.R. §2.65(a); TMEP §718.02(a).

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).

/Anthony M. Rinker/

Trademark Examining Attorney

Law Office 102

571-272-5491

anthony.rinker@uspto.gov

TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/teas/eTEASpageD.htm. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, 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.

WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.