| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 85892690 |
| LAW OFFICE ASSIGNED | LAW OFFICE 117 |
| MARK SECTION | |
| MARK | http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85892690 |
| LITERAL ELEMENT | TMDS |
| STANDARD CHARACTERS | YES |
| USPTO-GENERATED IMAGE | YES |
| MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
| ARGUMENT(S) | |
|
REMARKS
Applicant acknowledges that there are no conflicting marks to bar registration and requests reconsideration of the objection to the specimen.
Applicant wishes to thank the Examining Attorney for the courtesies extended in a telephone interview with Applicant’s attorney during the week of July 21, 2013.
As explained in the interview, the specimen submitted with the application is a relevant point-of-sale catalog page used in the sale of software and hardware systems for railroad dispatch and railroad system management, also known as positive train control.
There are seven major railroads and approximately thirty to forty smaller railroads in all of North America. These are all the potential customers for positive train control. The requirements of each railroad are different, but the regulations and standards by the Federal Railroad Administration (FRA) are constant. Therefore, positive train control is a customer‑driven process.
There are no retail sales or Internet sales for these sophisticated products. The sales generally start from a request for a proposal from the railroad to one of a handful of companies with that expertise, with Wabtec Railway Electronics (“WRE”), sister business entity to Applicant, being one such company. The catalog specimen submitted with the application is the document that often starts the process of the railroad contacting Applicant. Technical documents in the form of specifications are then created by WRE and in response to the Request for Proposal. The locomotive catalog, and specifically the page directed to positive train control submitted with the subject application, forms a part of the ordering process.
There are only a few manufacturers of such hardware and software for positive train control in North America, and these companies are well-known to the railroads. Applicant’s specimen identifies for the railroad the capabilities and availability of the TMDS positive train control. The catalog is often the guide used by the railroads to initiate the ordering process.
The objection by the Examining Attorney may be applicable to the retail sale of “widgets,” but is totally misplaced with respect to the sale of sophisticated railroad train control systems. The Wabtec catalog is used by the railroad as part of the ordering process. Reconsideration of the specimen is respectfully requested.
In view of the foregoing, Applicant respectfully avers that the application is in condition for allowance and passage to publication for opposition purposes. An early action to that effect is earnestly requested.
Respectfully submitted,
THE WEBB LAW FIRM
/rdo/
Russell D. Orkin, Reg. No. 25,363 Attorney of record, PA bar member |
|
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /rdo/ |
| SIGNATORY'S NAME | Russell D. Orkin, Reg. No. 25,363 |
| SIGNATORY'S POSITION | Attorney of record, PA bar member |
| SIGNATORY'S PHONE NUMBER | 412-471-8815 |
| DATE SIGNED | 08/01/2013 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Aug 01 13:41:34 EDT 2013 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XXX.XXX- 20130801134134645528-8589 2690-5009aaad8954fbe5721f 6b833979162ac3c0178054b77 cb4faf877373e63f959e-N/A- N/A-20130801134102247733 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
REMARKS
Applicant acknowledges that there are no conflicting marks to bar registration and requests reconsideration of the objection to the specimen.
Applicant wishes to thank the Examining Attorney for the courtesies extended in a telephone interview with Applicant’s attorney during the week of July 21, 2013.
As explained in the interview, the specimen submitted with the application is a relevant point-of-sale catalog page used in the sale of software and hardware systems for railroad dispatch and railroad system management, also known as positive train control.
There are seven major railroads and approximately thirty to forty smaller railroads in all of North America. These are all the potential customers for positive train control. The requirements of each railroad are different, but the regulations and standards by the Federal Railroad Administration (FRA) are constant. Therefore, positive train control is a customer‑driven process.
There are no retail sales or Internet sales for these sophisticated products. The sales generally start from a request for a proposal from the railroad to one of a handful of companies with that expertise, with Wabtec Railway Electronics (“WRE”), sister business entity to Applicant, being one such company. The catalog specimen submitted with the application is the document that often starts the process of the railroad contacting Applicant. Technical documents in the form of specifications are then created by WRE and in response to the Request for Proposal. The locomotive catalog, and specifically the page directed to positive train control submitted with the subject application, forms a part of the ordering process.
There are only a few manufacturers of such hardware and software for positive train control in North America, and these companies are well-known to the railroads. Applicant’s specimen identifies for the railroad the capabilities and availability of the TMDS positive train control. The catalog is often the guide used by the railroads to initiate the ordering process.
The objection by the Examining Attorney may be applicable to the retail sale of “widgets,” but is totally misplaced with respect to the sale of sophisticated railroad train control systems. The Wabtec catalog is used by the railroad as part of the ordering process. Reconsideration of the specimen is respectfully requested.
In view of the foregoing, Applicant respectfully avers that the application is in condition for allowance and passage to publication for opposition purposes. An early action to that effect is earnestly requested.
Respectfully submitted,
THE WEBB LAW FIRM
/rdo/
Russell D. Orkin, Reg. No. 25,363
Attorney of record, PA bar member