Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 86684015 PILOT(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86684015/large) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Applicant has accepted the proposed amendment to the description of goods.

 

The Examining Attorney has also requested additional product information about Applicant’s goods.  However, Applicant’s goods are still very much in development and are not yet available for purchase.  Accordingly, no fact sheets, instruction manuals, or advertisements are currently available.  Further, Applicant’s goods feature new technology, and no competing goods are available for comparison.  With that having been said, Applicant’s goods consist of software and hardware in vital signs monitors that allows proximity-based communication between the vitals monitors and a tablet PC, laptop, smart phone, or other personal computing device. When the personal computing device is within appropriate proximity of the vitals monitor, it can “pair” with the vitals monitor and be used to control functions of the vitals monitor (e.g., start a blood pressure measurement cycle, record a temperature measurement, etc.).

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for A feature of vital signs monitors allowing wireless communication with personal computing devices
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: A feature of vital signs monitors allowing wireless communication with personal computing devices; Component feature of vital signs monitors, namely, computer software and hardware allowing wireless communication with personal computing devicesClass 010 for Component feature of vital signs monitors, namely, computer software and hardware allowing wireless communication with personal computing devices
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.

SIGNATURE(S)
Response Signature
Signature: /Sean K. Owens/     Date: 03/14/2016
Signatory's Name: Sean K. Owens
Signatory's Position: Attorney for Applicant, Ohio Bar Member

Signatory's Phone Number: 5132412324

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 86684015
Internet Transmission Date: Mon Mar 14 14:59:21 EDT 2016
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201603141459218
64375-86684015-550c2e6b7f83181ac5751ea66
5a5528683889b6bc6e12f96b93dd4484fab8f5b8
6-N/A-N/A-20160314143006740356