Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85976716 BROOKS (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85976716) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 006 for Vacuum gauges, vacuum gauge tubes, vacuum gauge controllers, ionization gauge tubes, ionization gauge controllers and vacuum valves

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer software for operating each of semiconductor wafer handling systems, semiconductor manufacturing machines, robotic systems and process control systems, controller, namely, computer hardware and operating software sold as a unit for controlling operation of robotic and process control systems; robotic manipulator for use in the field of manufacturing automation transfer robot used in atmospheric process tools and integrated wafer handling systems, namely, automated wafer handling platforms for open, ambient air in-line wafer handling platforms; integrated circuit and semiconductor equipment, namely, cluster-tool integration platforms, single-arm and multi-arm automated transfer apparatus and computer software and accompanying user manuals all sold as a unit used in the manufacture of flat panel displays, integrated circuits and semiconductor devices; robotic automation hardware and control software integrated therewith, for the tracking, transport, storage and processing of medical and biological samples in the healthcare and medical research industries; robotic automation hardware and control software integrated therewith, for tracking, transport, storage and processing of medical and biological samples in the healthcare and medical research industries for use in drug discovery, bioprocess development, biologics production and regenerative medicine; robotic automation hardware and control software integrated therewith, for moving medical and biological substances whether in a liquid or solid state; robotic automation hardware and control software integrated therewith, for transporting medical and biological materials from one container to another container or for transporting individual containers from one location to another location; robotic automation hardware and control software integrated therewith, featuring capabilities for storing, indexing and future retrieval of medical and biological compounds; cell culture apparatus for laboratory use and for manufacturing use, namely, cell culture dishes and tissue culture flasks; incubators for laboratory use and manufacturing use; bioreactors for the replication of cell colonies; tissue engineering automation devices for laboratory use and for manufacturing use; robotic automation hardware and control software integrated therewith, for use in high throughput drug discovery; software for tracking and control of biological and medical materials; biological material storage devices, for laboratory use, for storing the materials at a variety of temperatures ranging from -200 to 200c; vacuum gauges, namely, gauge tubes and vacuum gauge controllers used in the measurement of vacuums; scientific nautical surveying electric photographic cinematographic optical weighing measuring signalling checking (supervision) life-saving and teaching apparatus and instruments; storage vault for containing semiconductor reticles; controller, namely, computer hardware and operating software sold as a unit for controlling operation of robotic and process control systems; computer software for monitoring and controlling equipment for use in the fields of robotic and process control systems; vacuum quality monitors in the nature of vacuum gauge controllers used in the measurement of vacuums; mass spectrometer and sub-assemblies, optical spectrometers and subassemblies; other spectrometer-based instruments and subassemblies in the nature of scientific research equipment for use in mass spectrometers; atmospheric sampling instruments or components, plasma monitoring and control products, particle measurement instrumentation and general instrumentation and subsystems that are used for gas compositional analysis in the nature of computer hardware, namely, communication units for use in connection with the monitoring, communicating and analyzing data taken from electronic systems involved in controlling and monitoring manufacturing processes integrating controls and gauges; ionization gauges, namely, gauge tubes and vacuum gauge controllers used in the measurement of high vacuums; automated reticle inspection system comprised of a robot and self-contained workcell providing non-contaminating hands-off reticle inspection; computer hardware, namely, communication units for use in connection with the monitoring, communicating, and analyzing data taken from electronic systems involved in controlling and monitoring manufacturing processes automated reticle inspection system comprised of a robot, self-contained workcell and computer software sold as a unit for the operation thereof, providing non-contaminated hands-off reticle inspection; scientific nautical surveying electric photographic cinematographic optical weighing measuring signalling checking (supervision) life-saving and teaching apparatus and instruments; apparatus for recording transmission or reproduction of sound or images; etc.; Scientific apparatus in the nature of a laboratory system for growing protein crystals, namely, refrigerated enclosures and specimen holders, and for monitoring growth of protein crystals within a refrigerated enclosure, namely, imaging devices, robotic systems for moving the imaging equipment within the refrigerated enclosure; computer controllers, user interfaces and computer software for interfacing with and controlling the refrigerated enclosure, imaging devices and robotic systems, and parts therefor; scientific apparatus in the nature of laboratory systems for high volume storage and retrieval of chemical compounds and biological samples, namely, refrigerated enclosures and sample holders, imaging devices for viewing samples and sample holders, and robotic systems for moving sample holders within the refrigerated enclosure, for loading sample holders into and removing sample holders from the refrigerated enclosure; computer controllers, user interfaces and computer software for interfacing with, monitoring and controlling the refrigerated enclosure, imaging devices and robotic systems, and parts therefor; laboratory apparatus, namely, laboratory sample translocators, laboratory sample storing containers, fluid transfer and dispensing devices, and test tubes and wells for use in identifying chemicals for use as pharmaceuticals, agricultural compounds and cosmetics; laboratory instrumentation for use in the application of caps to and removal of caps from an array of sample tubes; laboratory instrumentation for use in the removal of seals from multi-well plates and arrays of containers, vials or tubes; laboratory instrumentation for use in the application of seals to multi-well plates and arrays of containers, vials or tubes; laboratory equipment, namely, automated biochemical assay systems comprising microplate readers, robotics fluid dispensers and reagent stores; automated microplate readers comprising fluorescent detectors; fluid dispensing devices; automated compound stores comprising addressable storage compartments, fluid dispensing devices and robotics; incubators; and automated microplate handling machines, namely, plate stackers, robotics, conveyors and stages, namely, motorized positioning platforms used to position microplates and related laboratory equipment; laboratory equipment made of rubber and plastic material, namely, test tube caps, cap mats, piercing lids, test tube racks, and storage and delivery plates for use in connection with laboratory storage, dosage and replication; laboratory supplies, namely, adhesive tape for use in automated laboratory systems for removal of seals from microplates and sample containers, for laboratory use; scientific apparatus, namely, solid matrix materials for use in the screening of biochemical activity, detecting the presence of analytes in samples, and identifying sample type; devices for filling and capping solid support matrices; instrumentation for handling and processing solid support matrices for chemical and biological synthesis, namely, manual and automated sorters for identifying and distributing solid support matrices to containers for synthesis, washing, compound cleavage, screening and storage equipment washers, synthesizers for chemical and biological synthesis on solid support matrices, test specimen cleavers and evaporators for cleaving and drying specimens from solid supports; detectors for detecting fluorescence, chemiluminescence, absorbance, alpha screening and radioisotope emission; temperature-controlled enclosures and specimen holders for growing biological molecules and crystals; environmentally-controlled enclosures for storing chemical and biological specimens in sample containers; imaging devices for viewing specimens within temperature-controlled and environmentally-controlled enclosures; robotic handlers for manipulating specimens and imaging devices within temperature-controlled and environmentally-controlled enclosures; sample container cappers and decappers for applying caps to and removing caps from arrays of sample containers; computer controllers, user interfaces and computer software for interfacing with and controlling sorters, washers, chemical and biological synthesizers, compound cleavers and evaporators, detectors, temperature-controlled and environmentally-controlled enclosures, imaging devices and robotic handlers, network servers, local and remote databases, local and remote data processors, for communicating with local and remote user interfaces, and for analyzing data generated therefrom; laboratory equipment, namely, microplates; pharmaceutical equipment, namely, microplates; solid state 3-dimensional chemical synthesis matrices with semiconductor memory or encoded or engraved identifiers, such as barcodes, for characterizing molecules during discrete synthetic and assay steps by electromagnetic or optical encoding, comprised of biosensors, microelectronics, optical, electrical and robotic components to develop lead compounds for therapeutic development; computer software for controlling a laboratory system for growing protein crystals and monitoring growth of protein crystals within the laboratory system, for viewing growth of protein crystals through an imaging device and for monitoring environmental conditions within the laboratory system, and for providing access to the laboratory system via a computer network for remote viewing and monitoring of protein crystal growth
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Computer software for operating each of semiconductor wafer handling systems, semiconductor manufacturing machines, robotic systems and process control systems, controller, namely, computer hardware and operating software sold as a unit for controlling operation of robotic and process control systems; Computer software for operating semiconductor wafer handling systems, semiconductor manufacturing machines, robotic systems and process control systems; robotic manipulator for use in the field of manufacturing automation transfer robot used in atmospheric process tools and integrated wafer handling systems, namely, automated wafer handling platforms for open, ambient air in-line wafer handling platforms; controllers, namely, computer hardware and operating software sold as a unit for controlling operation of robotic and process control systems; integrated circuit and semiconductor equipment, namely, cluster-tool integration platforms, single-arm and multi-arm automated transfer apparatus and computer software and accompanying user manuals all sold as a unit used in the manufacture of flat panel displays, integrated circuits and semiconductor devices; manipulators for the remote operation of robotic arms for use in the field of manufacturing automation transfer robots used in atmospheric process tools and integrated wafer handling systems, namely automated wafer handling platforms for open, ambient air in-line wafer handling platforms; robotic automation hardware and control software integrated therewith, for the tracking, transport, storage and processing of medical and biological samples in the healthcare and medical research industries; integrated circuits and semiconductor equipments, namely, cluster-tool integration platforms, single-arm and multi-arm automated transfer apparatus and computer software and accompanying user manuals all sold as a unit used in the manufacture of flat panel displays, integrated circuits and semiconductor devices; robotic automation hardware and control software integrated therewith, for tracking, transport, storage and processing of medical and biological samples in the healthcare and medical research industries for use in drug discovery, bioprocess development, biologics production and regenerative medicine; goods for robotic automation and control, namely, computer hardware and software integrated therewith, for the tracking, transport, storage and processing of medical and biological samples in the healthcare and medical research industries; robotic automation hardware and control software integrated therewith, for moving medical and biological substances whether in a liquid or solid state; goods for robotic automation and control, namely, computer hardware and software integrated therewith, for tracking, transport, storage and processing of medical and biological samples in the healthcare and medical research industries for use in drug discovery, bioprocess development, biologics production and regenerative medicine; robotic automation hardware and control software integrated therewith, for transporting medical and biological materials from one container to another container or for transporting individual containers from one location to another location; goods for robotic automation and control, namely, computer hardware and software integrated therewith, for moving medical and biological substances whether in a liquid or solid state; robotic automation hardware and control software integrated therewith, featuring capabilities for storing, indexing and future retrieval of medical and biological compounds; goods for robotic automation and control, namely, computer hardware and software integrated therewith, for transporting medical and biological materials from one container to another container or for transporting individual containers from one location to another location; goods for robotic automation and control, namely, computer hardware and software integrated therewith, for storing, indexing and future retrieval of medical and biological compounds; cell culture apparatus for laboratory use and for manufacturing use, namely, cell culture dishes and tissue culture flasks; bioreactors for the replication of cell colonies; incubators for laboratory use and manufacturing use; tissue engineering automation devices for laboratory use and for manufacturing use; bioreactors for the replication of cell culturing; robotic automation hardware and control software integrated therewith, for use in high throughput drug discovery; automated laboratory and manufacturing equipment for tissue engineering; goods for robotic automation and control, namely, computer hardware and software integrated therewith, for use in high throughput drug discovery; biological material storage devices, for laboratory use, for storing the materials at a variety of temperatures ranging from -200 to 200c; software for tracking and control of biological and medical materials; biological material storage devices for laboratory use for storing the materials at a variety of temperatures ranging from -200 to 200c; scientific nautical surveying electric photographic cinematographic optical weighing measuring signalling checking (supervision) life-saving and teaching apparatus and instruments; vacuum gauges, namely, gauge tubes and vacuum gauge controllers used in the measurement of vacuums; storage vault for containing semiconductor reticles; controller, namely, computer hardware and operating software sold as a unit for controlling operation of robotic and process control systems; computer software for monitoring and controlling equipment for use in the fields of robotic and process control systems; vacuum quality monitors in the nature of vacuum gauge controllers used in the measurement of vacuums; mass spectrometer and sub-assemblies, optical spectrometers and subassemblies; mass spectrometer and parts and fittings therefor; optical spectrometers and parts and fittings therefor; atmospheric sampling instruments or components, plasma monitoring and control products, particle measurement instrumentation and general instrumentation and subsystems that are used for gas compositional analysis in the nature of computer hardware, namely, communication units for use in connection with the monitoring, communicating and analyzing data taken from electronic systems involved in controlling and monitoring manufacturing processes integrating controls and gauges; other spectrometer-based instruments and subassemblies in the nature of scientific research equipment for use in mass spectrometers; Computer hardware for atmospheric sampling, plasma monitoring and control, particle measuring for gas compositional analysis, all for use in communication units for monitoring, communicating and analyzing data taken from electronic systems involved in controlling and monitoring manufacturing processes and integrating controls and gauges; automated reticle inspection system comprised of a robot and self-contained workcell providing non-contaminating hands-off reticle inspection; ionization gauges, namely, gauge tubes and vacuum gauge controllers used in the measurement of high vacuums; computer hardware, namely, communication units for use in connection with the monitoring, communicating, and analyzing data taken from electronic systems involved in controlling and monitoring manufacturing processes automated reticle inspection system comprised of a robot, self-contained workcell and computer software sold as a unit for the operation thereof, providing non-contaminated hands-off reticle inspection; automated reticle inspection system comprised of a laboratory robot and self-contained workcell providing non-contaminating hands-off reticle inspection; scientific nautical surveying electric photographic cinematographic optical weighing measuring signalling checking (supervision) life-saving and teaching apparatus and instruments; computer hardware, namely, communication units for use in monitoring, communicating, and analyzing data taken from electronic systems involved in controlling and monitoring manufacturing processes; automated reticle inspection system comprised of a laboratory robot, selfcontained workcell and computer software sold as a unit for the operation thereof, providing non-contaminated hands-off reticle inspection; etc.; apparatus for recording transmission or reproduction of sound or images; Scientific apparatus in the nature of a laboratory system for growing protein crystals, namely, refrigerated enclosures and specimen holders, and for monitoring growth of protein crystals within a refrigerated enclosure, namely, imaging devices, robotic systems for moving the imaging equipment within the refrigerated enclosure; scientific apparatus in the nature of a laboratory system for growing protein crystals, namely, refrigerated enclosures and specimen holders, and for monitoring growth of protein crystals within a refrigerated enclosure, namely, imaging devices and robotic systems for moving the imaging equipment within the refrigerated enclosure; computer controllers, user interfaces and computer software for interfacing with and controlling the refrigerated enclosure, imaging devices and robotic systems, and parts therefor; scientific apparatus in the nature of laboratory systems for high volume storage and retrieval of chemical compounds and biological samples, namely, refrigerated enclosures and sample holders, imaging devices for viewing samples and sample holders, and robotic systems for moving sample holders within the refrigerated enclosure, for loading sample holders into and removing sample holders from the refrigerated enclosure; computer controllers, user interfaces and computer software for interfacing with, monitoring and controlling the refrigerated enclosure, imaging devices and robotic systems, and parts therefor; laboratory apparatus, namely, laboratory sample translocators, laboratory sample storing containers, fluid transfer and dispensing devices, and test tubes and wells for use in identifying chemicals for use as pharmaceuticals, agricultural compounds and cosmetics; laboratory instrumentation for use in the application of caps to and removal of caps from an array of sample tubes; laboratory instrumentation for use in the removal of seals from multi-well plates and arrays of containers, vials or tubes; laboratory instrumentation for use in the application of seals to multi-well plates and arrays of containers, vials or tubes; laboratory equipment, namely, automated biochemical assay systems comprising microplate readers, robotics fluid dispensers and reagent stores; automated microplate readers comprising fluorescent detectors; fluid dispensing devices; automated compound stores comprising addressable storage compartments, fluid dispensing devices and robotics; incubators; and automated microplate handling machines, namely, plate stackers, robotics, conveyors and stages, namely, motorized positioning platforms used to position microplates and related laboratory equipment; laboratory equipment made of rubber and plastic material, namely, test tube caps, cap mats, piercing lids, test tube racks, and storage and delivery plates for use in connection with laboratory storage, dosage and replication; laboratory supplies, namely, adhesive tape for use in automated laboratory systems for removal of seals from microplates and sample containers, for laboratory use; scientific apparatus, namely, solid matrix materials for use in the screening of biochemical activity, detecting the presence of analytes in samples, and identifying sample type; devices for filling and capping solid support matrices; instrumentation for handling and processing solid support matrices for chemical and biological synthesis, namely, manual and automated sorters for identifying and distributing solid support matrices to containers for synthesis, washing, compound cleavage, screening and storage equipment washers, synthesizers for chemical and biological synthesis on solid support matrices, test specimen cleavers and evaporators for cleaving and drying specimens from solid supports; detectors for detecting fluorescence, chemiluminescence, absorbance, alpha screening and radioisotope emission; temperature-controlled enclosures and specimen holders for growing biological molecules and crystals; environmentally-controlled enclosures for storing chemical and biological specimens in sample containers; environmentally controlled enclosures for storing chemical and biological specimens in sample containers; imaging devices for viewing specimens within temperature-controlled and environmentally-controlled enclosures; robotic handlers for manipulating specimens and imaging devices within temperature-controlled and environmentally-controlled enclosures; sample container cappers and decappers for applying caps to and removing caps from arrays of sample containers; computer controllers, user interfaces and computer software for interfacing with and controlling sorters, washers, chemical and biological synthesizers, compound cleavers and evaporators, detectors, temperature-controlled and environmentally-controlled enclosures, imaging devices and robotic handlers, network servers, local and remote databases, local and remote data processors, for communicating with local and remote user interfaces, and for analyzing data generated therefrom; laboratory equipment, namely, microplates; scientific and laboratory equipment, namely, microplates for biological and genetic specimens; pharmaceutical equipment, namely, microplates; solid state 3-dimensional chemical synthesis matrices with semiconductor memory or encoded or engraved identifiers, namely, barcodes, for characterizing molecules during discrete synthetic and assay steps by electromagnetic or optical encoding, comprised of biosensors, microelectronics, optical, electrical and robotic components to develop lead compounds for therapeutic development; solid state 3-dimensional chemical synthesis matrices with semiconductor memory or encoded or engraved identifiers, such as barcodes, for characterizing molecules during discrete synthetic and assay steps by electromagnetic or optical encoding, comprised of biosensors, microelectronics, optical, electrical and robotic components to develop lead compounds for therapeutic development; computer software for controlling a laboratory system for growing protein crystals and monitoring growth of protein crystals within the laboratory system, for viewing growth of protein crystals through an imaging device and for monitoring environmental conditions within the laboratory system, and for providing access to the laboratory system via a computer network for remote viewing and monitoring of protein crystal growth.; computer software for controlling a laboratory system for growing protein crystals and monitoring growth of protein crystals within the laboratory system, for viewing growth of protein crystals through an imaging device and for monitoring environmental conditions within the laboratory system, and for providing access to the laboratory system via a computer network for remote viewing and monitoring of protein crystal growthClass 009 for Computer software for operating semiconductor wafer handling systems, semiconductor manufacturing machines, robotic systems and process control systems; controllers, namely, computer hardware and operating software sold as a unit for controlling operation of robotic and process control systems; manipulators for the remote operation of robotic arms for use in the field of manufacturing automation transfer robots used in atmospheric process tools and integrated wafer handling systems, namely automated wafer handling platforms for open, ambient air in-line wafer handling platforms; integrated circuits and semiconductor equipments, namely, cluster-tool integration platforms, single-arm and multi-arm automated transfer apparatus and computer software and accompanying user manuals all sold as a unit used in the manufacture of flat panel displays, integrated circuits and semiconductor devices; goods for robotic automation and control, namely, computer hardware and software integrated therewith, for the tracking, transport, storage and processing of medical and biological samples in the healthcare and medical research industries; goods for robotic automation and control, namely, computer hardware and software integrated therewith, for tracking, transport, storage and processing of medical and biological samples in the healthcare and medical research industries for use in drug discovery, bioprocess development, biologics production and regenerative medicine; goods for robotic automation and control, namely, computer hardware and software integrated therewith, for moving medical and biological substances whether in a liquid or solid state; goods for robotic automation and control, namely, computer hardware and software integrated therewith, for transporting medical and biological materials from one container to another container or for transporting individual containers from one location to another location; goods for robotic automation and control, namely, computer hardware and software integrated therewith, for storing, indexing and future retrieval of medical and biological compounds; cell culture apparatus for laboratory use and for manufacturing use, namely, cell culture dishes and tissue culture flasks; incubators for laboratory use and manufacturing use; bioreactors for the replication of cell culturing; automated laboratory and manufacturing equipment for tissue engineering; goods for robotic automation and control, namely, computer hardware and software integrated therewith, for use in high throughput drug discovery; software for tracking and control of biological and medical materials; biological material storage devices for laboratory use for storing the materials at a variety of temperatures ranging from -200 to 200c; vacuum gauges, namely, gauge tubes and vacuum gauge controllers used in the measurement of vacuums; storage vault for containing semiconductor reticles; controller, namely, computer hardware and operating software sold as a unit for controlling operation of robotic and process control systems; computer software for monitoring and controlling equipment for use in the fields of robotic and process control systems; vacuum quality monitors in the nature of vacuum gauge controllers used in the measurement of vacuums; mass spectrometer and parts and fittings therefor; optical spectrometers and parts and fittings therefor; other spectrometer-based instruments and subassemblies in the nature of scientific research equipment for use in mass spectrometers; Computer hardware for atmospheric sampling, plasma monitoring and control, particle measuring for gas compositional analysis, all for use in communication units for monitoring, communicating and analyzing data taken from electronic systems involved in controlling and monitoring manufacturing processes and integrating controls and gauges; ionization gauges, namely, gauge tubes and vacuum gauge controllers used in the measurement of high vacuums; automated reticle inspection system comprised of a laboratory robot and self-contained workcell providing non-contaminating hands-off reticle inspection; computer hardware, namely, communication units for use in monitoring, communicating, and analyzing data taken from electronic systems involved in controlling and monitoring manufacturing processes; automated reticle inspection system comprised of a laboratory robot, selfcontained workcell and computer software sold as a unit for the operation thereof, providing non-contaminated hands-off reticle inspection; apparatus for recording transmission or reproduction of sound or images; scientific apparatus in the nature of a laboratory system for growing protein crystals, namely, refrigerated enclosures and specimen holders, and for monitoring growth of protein crystals within a refrigerated enclosure, namely, imaging devices and robotic systems for moving the imaging equipment within the refrigerated enclosure; computer controllers, user interfaces and computer software for interfacing with and controlling the refrigerated enclosure, imaging devices and robotic systems, and parts therefor; scientific apparatus in the nature of laboratory systems for high volume storage and retrieval of chemical compounds and biological samples, namely, refrigerated enclosures and sample holders, imaging devices for viewing samples and sample holders, and robotic systems for moving sample holders within the refrigerated enclosure, for loading sample holders into and removing sample holders from the refrigerated enclosure; computer controllers, user interfaces and computer software for interfacing with, monitoring and controlling the refrigerated enclosure, imaging devices and robotic systems, and parts therefor; laboratory apparatus, namely, laboratory sample translocators, laboratory sample storing containers, fluid transfer and dispensing devices, and test tubes and wells for use in identifying chemicals for use as pharmaceuticals, agricultural compounds and cosmetics; laboratory instrumentation for use in the application of caps to and removal of caps from an array of sample tubes; laboratory instrumentation for use in the removal of seals from multi-well plates and arrays of containers, vials or tubes; laboratory instrumentation for use in the application of seals to multi-well plates and arrays of containers, vials or tubes; laboratory equipment, namely, automated biochemical assay systems comprising microplate readers, robotics fluid dispensers and reagent stores; automated microplate readers comprising fluorescent detectors; fluid dispensing devices; automated compound stores comprising addressable storage compartments, fluid dispensing devices and robotics; incubators; and automated microplate handling machines, namely, plate stackers, robotics, conveyors and stages, namely, motorized positioning platforms used to position microplates and related laboratory equipment; laboratory equipment made of rubber and plastic material, namely, test tube caps, cap mats, piercing lids, test tube racks, and storage and delivery plates for use in connection with laboratory storage, dosage and replication; laboratory supplies, namely, adhesive tape for use in automated laboratory systems for removal of seals from microplates and sample containers, for laboratory use; scientific apparatus, namely, solid matrix materials for use in the screening of biochemical activity, detecting the presence of analytes in samples, and identifying sample type; devices for filling and capping solid support matrices; instrumentation for handling and processing solid support matrices for chemical and biological synthesis, namely, manual and automated sorters for identifying and distributing solid support matrices to containers for synthesis, washing, compound cleavage, screening and storage equipment washers, synthesizers for chemical and biological synthesis on solid support matrices, test specimen cleavers and evaporators for cleaving and drying specimens from solid supports; detectors for detecting fluorescence, chemiluminescence, absorbance, alpha screening and radioisotope emission; temperature-controlled enclosures and specimen holders for growing biological molecules and crystals; environmentally controlled enclosures for storing chemical and biological specimens in sample containers; imaging devices for viewing specimens within temperature-controlled and environmentally-controlled enclosures; robotic handlers for manipulating specimens and imaging devices within temperature-controlled and environmentally-controlled enclosures; sample container cappers and decappers for applying caps to and removing caps from arrays of sample containers; computer controllers, user interfaces and computer software for interfacing with and controlling sorters, washers, chemical and biological synthesizers, compound cleavers and evaporators, detectors, temperature-controlled and environmentally-controlled enclosures, imaging devices and robotic handlers, network servers, local and remote databases, local and remote data processors, for communicating with local and remote user interfaces, and for analyzing data generated therefrom; scientific and laboratory equipment, namely, microplates for biological and genetic specimens; solid state 3-dimensional chemical synthesis matrices with semiconductor memory or encoded or engraved identifiers, namely, barcodes, for characterizing molecules during discrete synthetic and assay steps by electromagnetic or optical encoding, comprised of biosensors, microelectronics, optical, electrical and robotic components to develop lead compounds for therapeutic development; computer software for controlling a laboratory system for growing protein crystals and monitoring growth of protein crystals within the laboratory system, for viewing growth of protein crystals through an imaging device and for monitoring environmental conditions within the laboratory system, and for providing access to the laboratory system via a computer network for remote viewing and monitoring of protein crystal growth.
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the wording BROOKS in the color blue to the right of a design element of a blue box with curved corners on the right side of the box. Inside the box are two curved intersecting lines in the color white.

Claim of Active Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 2247071.


Miscellaneous Statement
Applicant submits the following additional statements in connection with the application: CLASS 6 - The Examiner objected to the identification and classification of the class 6 goods. Applicant has deleted the goods in this class to overcome this objection. CLASS 9 - The Examiner objected to the identification of certain of the goods in class 9 and proposed alternative identifications. Applicant has accepted virtually all of the proposals except that applicant has deleted the goods the Examiner deemed to be in conflict with the cited trademarks. In addition, applicant did not amend the wording "Biological Material Storage Devices, for Laboratory Use" as that identification was accepted and allowed in two of applicant's co-pending applications (Serial Nos. 85/295,020 and 85/295,031). SECTION 2(d) REJECTION - The Examiner raised a rejection under Section 2(d) against the original identification of class 9 goods based on four registrations. As noted above, applicant deleted the goods that were the basis for the rejection. In addition, applicant notes that Registration No. 1,219,802 was cancelled under Section 8 and can no longer be a basis for refusal. Applicant's field of manufacturing automation is a very sophisticated field with careful and sophisticated buyers and they are not likely to be confused by the use of the above referenced marks for their products. Applicant has been using BROOKS in connection with its products for many years and from that use there is no likelihood of confusion. Reconsideration and withdrawal of the Section 2(d) rejection is respectfully requested.


SIGNATURE(S)
Response Signature
Signature: /John L. DuPre'/     Date: 09/19/2012
Signatory's Name: John L. DuPre'
Signatory's Position: Attorney of Record, Massachusetts Bar Member

Signatory's Phone Number: 978-341-0036

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: 85976716
Internet Transmission Date: Wed Sep 19 21:55:46 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-201209192155466219
98-85976716-490e12474a7a464596e13caa9338
2679-N/A-N/A-20120919133144425201