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: 12/14/2017

U.S. Serial Number  86891806

Pursuant to an order of the Trademark Trial and Appeal Board (“Board”), the request to divide the application filed on November 27, 2017 for application serial no. 86891806 has been processed as follows:

(1)    Parent (original) application serial no. 86891806 contains the following goods and/or services, collective membership organization, and/or class(es):

Class 9accelerometers; acoustic transmitters for industrial or commercial use and in connection with products other than consumer electronic equipment, namely, wireless transmitters for monitoring acoustic levels in commercial and industrial equipment and facilities; audible signaling devices for industrial or commercial use with products other than consumer electronic equipment, namely, audio alarms to signal an evacuation or other alarm condition in industrial or commercial equipment or facilities; battery power modules for powering transmitters and sensors for monitoring and measuring industrial processes and facilities; cargo monitoring systems comprising level gauges, pressure and temperate sensors and electronic hardware and software for measuring and controlling cargo fluids; chemical detectors, namely, for detecting toxic gas, combustible gas, and flames; circuit breaker panel boards; computer hardware and software, namely, hardware and software that creates internal communication hubs and monitoring and control capabilities within industrial facilities to allow industrial equipment and devices to communicate, share, and analyze for industrial process control, maintaining and repairing plant equipment, maintaining records on industrial plant equipment, and communicating among industrial process control devices; computer software for use in oil and gas reservoir simulation, modeling and analysis; computer software for use in the monitoring, management, and analysis of oil and gas production systems; control and monitoring systems for pipelines and valve actuators comprised of computer hardware and software that monitors line pressure or other conditions at a pipeline valve site and provides data acquisition and supervisory control of a valve actuator; control system software for monitoring and controlling flow metering and flow meter systems; control valves for regulating the flow and pressure of gases and liquids; corrosion sensors and monitors for use in oil and gas production systems; densitometers, not for medical use; digital valve controllers, namely, micro-processors based hardware and software used to control valves used in industrial and commercial processes; eddy current sensors; electric and electronic connectors, namely, glass to metal hermetic seals and connectors; electric valve actuators; electrical and power controllers for HVAC and commercial and industrial refrigeration compressors; electrical control stations comprised of electric actuators, electric contactors, pilot lights, and electrical switches for use in industrial and hazardous applications; electrical fittings, namely, electrical fittings for electrical cables, electrical conductors, electrical conduits, electrical receptacles, and electrical switches excluding electrical fittings for consumer electronic devices for use in the home, office, and vehicles, or carried on the person; electrical fittings for hazardous applications, namely, electrical fittings for electrical cables, electrical cords, electrical conduits, and electrical outlets excluding electrical fittings for appliances and lighting fixtures that are designed to be moveable and not permanently affixed; electrical grounding indicators; electrical plugs and receptacles; electrical power supplies; electrical transducers; electro-hydraulic valve actuators; electromagnetic valves for controlling gas and liquids in gas appliances, HVAC and refrigeration systems; electromechanical valve controllers, namely, electromechanical controllers for controlling the operation of rotary and linear valves and actuators; electronic controls for use in connection with building and industrial, commercial, or agricultural refrigeration systems, HVAC, lighting and air quality systems; electronic controllers for air conditioning and commercial and industrial refrigeration equipment; electronic controllers for monitoring and controlling industrial processes and machinery; electronic controls for commercial and industrial refrigeration compressors; electronic controls for valve actuators; electronic detectors for locating and tracking pipeline inspection gauges; electronic devices for locating buried pipes, cable, utility lines and tanks; electronic diagnostic and motor protection modules for compressors; electronic limit switches; electronic modules for monitoring, recording, and transmitting HVAC and commercial and industrial refrigeration system information; electronic power usage monitors; electronic transmitters for monitoring and transmitting data relating to industrial processes and facilities; electro-pneumatic valve positioners; feedthroughs; flammable vapor sensors excluding those that are in-home, stand-alone and that are not centrally monitored; flow regulators for commercial and industrial use; gas and liquid custody transfer systems comprising level gauges, pressure and temperature sensors, electronic hardware and software for use in monitoring, measuring, and controlling the custody or transfer of gases and liquids; hermetic sight glasses for use as windows for visual level and flow indicators, namely, hermetically sealed optical window systems for use in high-pressure or vacuum applications; high level and overfill alarms for commercial, industrial, institutional, and agricultural use; HVAC and commercial and industrial refrigeration system components, namely, accumulators, filter driers, and moisture indicators; industrial process control software; laser distance meters; level measurement devices for measuring solid, liquid and gas levels in tanks and other vessels; level sensors for measuring the level of fluids and solids in tanks; level switches, gauges, indicators and transmitters for monitoring and controlling liquids and dry products in tanks and vessels; lighting controls excluding wireless controls for bulbs or light pucks; line break controls for automatically detecting pressure drops in gas pipelines and closing valves to prevent further gas leakage; liquid and gas meters for measuring density concentration or viscosity; liquid and gas sensors for determining the characteristics of liquids in industrial processes; liquid level controllers for commercial, industrial, institutional, and agricultural use; liquid level sensors for commercial, industrial, institutional, and agricultural use; meter systems to measure flow comprising flow meters, valves, provers, control panels, and computer hardware and software for measuring and controlling the flow of liquids and gases; modules for monitoring electric current and electric signals for commercial, industrial, and agricultural HVAC and refrigeration systems; oil and gas monitoring systems comprised of computer hardware and software that orders and transmits pressure and temperature gauge and sensor readings from oil and gas wells for use in measuring pressure and temperature downhole and in oil and gas reservoirs; orifice plates for metering or controlling the flow of liquids and gases; position sensors; power switches; powerline conditioners; pressure controllers for controlling the pressure of liquid, semi-liquid and gaseous substances in industrial and commercial processes; pressure regulators for use in breathing gases, anesthetics and diagnostic applications in the medical and healthcare industries; pressure relief valves for commercial and industrial use; pressure sensing trip valves; pressure shut off valves for commercial and industrial use; pressure switches and sensors for monitoring, controlling and switching hydraulic or pneumatic systems; pressure transducers, namely, pressure transducers that convert hydraulic or pneumatic pressure into analog electrical signals for monitoring and controlling hydraulic or pneumatic systems; provers for calibrating flow meters; reels for electrical wire; retrieval systems comprised of hydraulic, mechanical, and subsea retrieval tools, service isolation valves, pressure relief valves, pressure guages, corrosion data measuiring and collecting proboes, corrosion sensors, and chemical injection and measuring tools designed for installing and retrieving measurement and monitoring devices in oil and gas production systems; sand erosion sensors and monitors for use in oil and gas production systems; security lights for outdoor use; software for managing, monitoring, and controlling industrial manufacturing processes; software for remote control and monitoring of computers and electronic devices for commercial, industrial, institutional, and agricultural use; software for use in diagnosing and monitoring the operation of compressors and HVAC systems; speed sensors; surge protectors; systems comprised of computer hardware, software, temperature sensors, humidity sensors, ventilation sensors, carbon dioxide sensors, and oxygen sensors that collect and transmit shipping container conditions for remotely monitoring and controlling refrigerated shipping containers; tank gauging systems comprising level gauges, temperature transmitters and sensors and software for monitoring and controlling fluids contained in tanks and other vessels; temperature controllers for controlling the temperature of gases and liquids in industrial and commercial processes; temperature sensors and controls, namely, bimetallic disc controls and limits; temperature, humidity and pressure probes for commercial and industrial refrigeration and HVAC applications; thermal fuses for electrical current; thermistors; transmitters and sensors for measuring temperature, pressure and liquid levels; transmitters for transmitting information relating to liquid level in tanks and vessels; valves to regulate the flow of gases and liquids in HVAC and commercial and industrial refrigeration applications, namely, expansion valves, shutoff valves, solenoid valves, check valves; velocity sensors; vibration transmitter, namely, electronic devices for detecting, monitoring, and transmitting vibration information; video inspection systems comprised primarily of monitors, video and image recorders, reels of electric cable, cameras, and handheld devices in the nature of video recorders and video monitors for video inspection of drains, sewers, and pipes; wireless adapters and gateways for transmitting data relating to industrial processes and facilities; wireless position monitors for commercial, industrial, institutional, and agricultural use, namely, position sensors and transceivers for monitoring valves, regulators, level sensors, and relief valves; wireless temperature and humidity sensors for commercial, industrial, institutional, and agricultural use; wireless temperature and humidity sensors excluding wireless temperature and humidity sensors for electrical and electronic appliances that are designed to be moveable and not permanently affixed, and not centrally monitored; position monitors and transmitters for monitoring and transmitting equipment position information for use in industrial process control systems; ceiling fan accessories, namely, fan controls; furnace, HVAC and commercial and industrial refrigeration system controls

Class 11 Air cleaning units; ceiling fan accessories, namely, fan blades, fan lighting fixtures, shades for fan lighting fixtures, fan controls, and fan downrods; dampers, namely, control devices used in air ducts to regulate the flow of air; Molecular sieve desiccant dehydrators for natural gas production and processing; drinking water filtration systems comprised of water filtration units and dispenser for dispensing the filtered water excluding faucet-mounted and counter-top water purifiers; electrical heating cables; electrical lighting fixtures; filters for drinking water, not for stand-alone, in-home countertop purifiers; heat pumps; pressure regulators for gas, water and sanitary installations; refrigeration equipment, namely, packaged refrigeration systems comprised of refrigeration and gas compressors, electronic controls for commercial and industrial refrigeration equipment, and heat exchangers for industrial applications; thermostats; air movers, namely, electric fans; heat exchangers for air conditioning, heat pump, and commercial and industrial refrigeration systems; electric pipe freezers; electric pipe thawers; plumbing fittings, namely, sink flanges and sink strainers; refrigerant and evaporative condensers for air conditioning, heat pump, and commercial and industrial refrigeration systems    

(2)    Child application serial no. 86983422 contains the following goods and/or services, collective membership organization, and/or class(es):

Class 6 Metal manual valve actuators, namely, metal handwheels and mechanical handlevers and mechanical assemblies for manually actuating valves

Class 7 compressors for air conditioning, heat pump, and commercial and industrial refrigeration systems; electric welding machines; electrical ultrasonic cleaning units for commercial, industrial, institutional, and agricultural use, namely, ultrasonic bath cleaning machines for laboratory, medical, and dental instruments, electronic components, and for jewelry, optic pieces, and general purpose cleaning applications; gas compressors; hand-held battery actuated hydraulic press tool for crimping or cutting and crimp heads therefor; hot plate welding machines; hydraulic power units for powering valve actuators and other hydraulic industrial process equipment; hydraulic valve actuators; infrared welding machines; laser welding machines; linear actuators; pneumatic valve actuators; pressure regulators and reducers being parts of machines; replacement parts and accessories for food waste disposers; spin welding machines; thermal processing machines for use in plastic joining, namely, electrically operated machines for use in plastic processing that use thermal processes for heat staking thermal insertion, swaging, degating, and date stamping processes in the manufacture of plastic products; vibration welding machines; pneumatic valve positioners; hermetic motors for use with compressors for air conditioning and commercial and industrial refrigeration systems; HVAC and commercial and industrial refrigeration system components, namely, mufflers, oil filters, and oil separators; pressure transducers being parts of machines

Class 20 cabinets; drawer organizers; drawers; furniture hardware, namely, drawer slides; garment racks; laminated wood organizers for use with non-metal fabric storage bins; laminated wood shelves; metal wire shelves; multipurpose storage racks; non-metal fabric storage bins; prefabricated closet organizational systems made of laminated wood and metal wire; shelf organizers; shelves and brackets and mounting hardware sold as a unit; towel racks   

The application files identified above will be routed to the Board for resumption of the pending proceeding.  TMEP §1110.09.

Please call the undersigned with any questions.

/Carolyn Cobb/

Paralegal Specialist

ITU Divisional Unit

Phone: (571)-272-9505

Fax: (571)-273-9505

e-mail: Carolyn.Cobb@uspto.gov

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.

TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE:  Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application.  See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820.  TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services.  37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04.  However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.  

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