Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

NOTICE OF DIVISIONAL REQUEST COMPLETED

ISSUE/MAILING DATE: 10/22/2015

U.S. Serial Number  86174939

This letter supersedes the previous letter issued on October 22, 2015 in connection with this application.

The request to divide application serial no. 86174939 filed on August 24, 2015 has been processed as follows:

(1)  Parent (original) application serial no. 86174939 contains the following goods in class(es):  9 (Measuring apparatus for temperature and humidity levels in gases and solid substances; diagnostic equipment, namely, an optical source and power meter for measuring optical loss in fiber optic cabling systems; measuring and calibrating instruments, namely, fluid flow calibrators and meters; electronic circuit parts and accessories, namely, digital circuit adaptors, digital circuit connectors and digital circuit cables; electrical insulation testers; calibrators for calibrating thermometers, thermocouples, pressure transmitters, flow control valves; power quality meters; analyzers, namely, electronic analyzers for measuring and testing power; gas-flow analyzers; air quality analyzers for measuring temperature, velocity, humidity, carbon dioxide, carbon monoxide, and airborne particle concentrations; particle analyzers; carbon monoxide analyzers for measuring carbon monoxide levels; temperature devices, namely, probes, sensors, transmitters, and microprocessor-based infrared temperature measurement units comprised of thermometers and thermocouple probes; thermometers; humidity meters; ratio counters, namely, electronic tools for measuring frequency ratios, voltage ratios, infrared ratios, calibration test ratios, temperature ratios, and resistance ratios; frequency counters; frequency burst counters; voltage counters, namely, tools to count voltage, continuity, and current; rise and fall time counters; current clamps, namely, electrical current clamps for testing and measuring electricity, currents, and voltage; process calibrators; air quality measurement instruments, namely, electronic monitors for measuring temperature, velocity, humidity, carbon monoxide, carbon dioxide, air velocity, air flow, air pressure, and differential pressure; air quality particulate measurement instruments, namely, particle counters and electronic particle source locators. electronic based instruments for measuring temperature and humidity levels; phase rotation meters; infrared and thermal imagers not for medical use; copper cable testers and analyzers; fiber cable testers and analyzers; wireless network analyzers; biomedical test instrumentation and software, namely, automated biomedical equipment test systems comprised of hardware, software, and data recorders for monitoring and inspecting the performance and electrical safety of biomedical equipment; medical testing equipment, namely, blood pressure simulators and patient simulators for use in testing medical equipment; electronic pressure monitors, namely, atmospheric or barometric pressure monitors; thermo-hygrometers; ultrasound watt meters; electronic gas flow analyzer, namely, hardware and software for analyzing gas flow in ventilators; specially adapted cases for the foregoing goods; all of the foregoing goods sold separately or in various combinations).  To avoid abandonment, applicant must continue to file requests for extension of time to file a statement of use (extension requests) or a statement of use within the six-month period after the issuance of the notice of allowance or before expiration of a previously granted extension period.  37 C.F.R. §§2.88(a), 2.89(a)-(b).

(2)  Child application serial no. 86977641 contains the following goods in class(es):  9 (Electronic test and measuring instruments and devices and electronic test tools, namely, digital troubleshooting systems comprised of computer hardware and software used to diagnose and analyze electronic devices and computer hardware, electronic meters for testing automotive electrical systems; instruments for regulating, analyzing, and controlling electricity, temperature, humidity, and power, namely, current measuring clamps; electronic monitors and measuring devices, namely, electronic meters for analyzing the quality of electrical power, and identifying electrical signals in electrical circuits; temperature profiling systems comprised of thermocouples and computer software for analyzing temperatures and logging data in the fields of electronics manufacturing; thermocouples, thermometer readout devices comprised of thermometers and digital readout units; thermometer calibrators, temperature and humidity meters not for medical use; electrical measuring and testing devices with electrical standards settings, namely, voltmeters, ammeters, and ohmmeters; digital multi meter and paperless electronic data recorders sold as a unit; meters, namely, temperature meters and micro amp meters for monitoring heating ventilation air conditioning units; infrared thermometer for temperature measurement without contact; electrical testers, namely, voltage testers, electrical ground testers; digital multi meters; recorders, namely, data logger for recording voltage, amperage, and power measurements, electronic and digital voltage and power quality recorders and voltage and power event recorders; safety equipment, namely, electronic electricity analyzers; timer analyzers, namely, electronic analyzers for measuring time, frequency, and phase; timers; time counters, namely, electronic tools for measuring time intervals, time rise and fall, time periods, duty factor, frequency, pulse width, count totalization, and phase; electronic data loggers, namely, data acquisition instruments for collecting, storing, monitoring, and analyzing equipment performance data comprised of hardware, software, and portable and/or networked data logging acquisition units; measuring apparatus, namely, clamp meters for measuring electricity; electric current probes; infrared temperature measurement instruments, namely, temperature sensors; clamp meter accessories, namely, electrical testing leads, electrical current probes, rogowski based current probes, inductive current probes, Hall effect current probes, and electrical connectors in the nature of crocodile, alligator, bus bar, and piercing test clips, sold separately or as a unit with clamp meters for measuring electricity; all of the foregoing goods sold separately or in various combinations).  A statement of use filed on August 24, 2015 meets the minimum filing requirements and has been placed in the child application.  The statement of use will be routed to the examining attorney for examination and, if it does not meet all the statutory requirements, the examining attorney will notify the applicant.

37 C.F.R. §2.87; see TMEP §§1110 et seq. 

Please call the undersigned with any questions.

/Tracy Welch/

Tracy Welch

Paralegal Specialist

Office of Trademark Services

ITU/Divisional Unit

571-272-9631 work

571-273-9631 fax

tracy.welch@uspto.gov

E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

NO RESPONSE TO THIS NOTICE IS REQUIRED.

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 Status and Document Retrieval (TSDR) at http://tsdr.gov.uspto.report/. Please keep a copy of the complete status screen.  If TSDR 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/trademarks/teas/correspondence.jsp.

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED ITU STAFF MEMBER IDENTIFIED ABOVE.