| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
85318013 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 105 |
| MARK SECTION (no change) |
| ARGUMENT(S) |
| "Please see the actual argument text attached within the Evidence section." |
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_6825118735-152935697_._LSP087_Response_to_OA.pdf |
CONVERTED PDF FILE(S)
(7 pages) |
\\TICRS\EXPORT11\IMAGEOUT11\853\180\85318013\xml4\ROA0002.JPG |
| |
\\TICRS\EXPORT11\IMAGEOUT11\853\180\85318013\xml4\ROA0003.JPG |
| |
\\TICRS\EXPORT11\IMAGEOUT11\853\180\85318013\xml4\ROA0004.JPG |
| |
\\TICRS\EXPORT11\IMAGEOUT11\853\180\85318013\xml4\ROA0005.JPG |
| |
\\TICRS\EXPORT11\IMAGEOUT11\853\180\85318013\xml4\ROA0006.JPG |
| |
\\TICRS\EXPORT11\IMAGEOUT11\853\180\85318013\xml4\ROA0007.JPG |
| |
\\TICRS\EXPORT11\IMAGEOUT11\853\180\85318013\xml4\ROA0008.JPG |
| DESCRIPTION OF EVIDENCE FILE |
PDF attachment of arguments |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
010 |
| DESCRIPTION |
| spinal implants namely, spinal rods, spinal screws, spinal hooks, spinal plates, vertebral interbody and intrabody devices, spinal
cross-connectors, spinal screw assemblies and associated components used in surgical implant procedures involving the spine and application tools and surgical instruments for such uses |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (proposed) |
| INTERNATIONAL CLASS |
010 |
| TRACKED TEXT DESCRIPTION |
spinal implants namely, spinal rods, spinal screws, spinal hooks, spinal plates, vertebral interbody and
intrabody devices, spinal cross-connectors, spinal screw assemblies and associated components used in surgical implant procedures involving the spine and application tools and surgical instruments
for such uses; spinal implants composed of artificial material, namely, spinal rods, spinal screws, spinal hooks, spinal plates, vertebral interbody spacers,
vertebral intrabody spacers, spinal cross-connectors and spinal screw assemblies; surgical instruments for use in spinal surgery |
| FINAL DESCRIPTION |
| spinal implants composed of artificial material, namely, spinal rods, spinal screws, spinal hooks, spinal plates, vertebral interbody
spacers, vertebral intrabody spacers, spinal cross-connectors and spinal screw assemblies; surgical instruments for use in spinal surgery |
| FILING BASIS |
Section 1(b) |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/bjb/ |
| SIGNATORY'S NAME |
Bruce J. Bowman |
| SIGNATORY'S POSITION |
Attorney of record, Indiana bar member |
| DATE SIGNED |
09/22/2011 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Thu Sep 22 15:39:13 EDT 2011 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XX-2
0110922153913552278-85318
013-480ea8c7a2021c81adf25
71f056e35ee87e-N/A-N/A-20
110922152935697299 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
85318013 has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
"Please see the actual argument text attached within the Evidence section."
EVIDENCE
Evidence in the nature of PDF attachment of arguments has been attached.
Original PDF file:
evi_6825118735-152935697_._LSP087_Response_to_OA.pdf
Converted PDF file(s) (7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for spinal implants namely, spinal rods, spinal screws, spinal hooks, spinal plates, vertebral interbody and intrabody devices, spinal cross-connectors, spinal screw
assemblies and associated components used in surgical implant procedures involving the spine and application tools and surgical instruments for such uses
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: spinal implants namely, spinal rods, spinal screws, spinal hooks, spinal plates, vertebral interbody and intrabody devices, spinal
cross-connectors, spinal screw assemblies and associated components used in surgical implant procedures involving the spine and application tools and surgical instruments for such uses;
spinal implants composed of artificial material, namely, spinal rods, spinal screws, spinal hooks, spinal plates, vertebral interbody spacers, vertebral intrabody
spacers, spinal cross-connectors and spinal screw assemblies;
surgical instruments for use in spinal surgeryClass 010 for spinal implants composed of
artificial material, namely, spinal rods, spinal screws, spinal hooks, spinal plates, vertebral interbody spacers, vertebral intrabody spacers, spinal cross-connectors and spinal screw assemblies;
surgical instruments for use in spinal surgery
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)).
SIGNATURE(S)
Response Signature
Signature: /bjb/ Date: 09/22/2011
Signatory's Name: Bruce J. Bowman
Signatory's Position: Attorney of record, Indiana 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.
Serial Number: 85318013
Internet Transmission Date: Thu Sep 22 15:39:13 EDT 2011
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2011092215391355
2278-85318013-480ea8c7a2021c81adf2571f05
6e35ee87e-N/A-N/A-20110922152935697299
