| 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) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 86968123 |
| LAW OFFICE ASSIGNED | LAW OFFICE 120 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/86968123/mark.png |
| LITERAL ELEMENT | LASERLATTICE |
| 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) | |
|
I. Section 2(e)(1) Refusal – LASERLATTICE Is At Least Suggestive The Office Action refused registration for LASERLATTICE on the basis that the mark was merely descriptive. The Office Action cited that “a ‘lattice’ is ‘[a]n interlaced structure or pattern resembling’ a structure consisting of strips that are ‘crossed and fastened together with square or diamond-shaped spaces left between.’” The Office Action further cited that “lattices can be made with lasers and via 3D printing.” Applicant respectfully submits that the term LASERLATTICE is not descriptive of the Applicant’s goods, and that the mark is at least suggestive. The panels on which the mark will be used are highly specialized products and used for very specific applications, but do not contain crossed or fastened strips. The panels will be very lightweight, and exhibit extremely high strength, which Applicant believes will be greater than known existing materials. As described below in Section IV(d) below, the panels will be manufactured using a newly-developed additive manufacturing process to grow specialty fibers having novel strength characteristics. The process differs from typical layer-by-layer approach employed in 3-D printing, laser sintering, or stereolithography processes. Fibers are actually grown between two composite or metal sheets using the new additive manufacturing process. As the fibers are grown, they are not crossed nor are they interconnected. Rather, they are grown directly from one panel to another at various angles without contacting each other. A wide variety of fiber arrangements are used, and these can be tailored to give the panels more/less stiffness, flexibility or strength, in different directions/orientations depending on the application. The current configuration of fibers between panels is extremely strong in compression, tension, and in shear, and orients fibers in at least 4 opposing directions, but without touching each other. The fibers are not presently interconnected in any fashion. Accordingly, the fibers that make up the panel are not “an interlaced structure or pattern resembling a structure consisting of strips that are crossed and fastened together with square or diamond-shaped spaced left between,” and thus not descriptive of any feature or characteristic of the goods. Rather than being descriptive, the term “lattice” was chosen by the Applicant to suggest the strength characteristics of its panels. It is well known to those experienced in the art of molecular dynamics and specialty composite materials that crystalline or lattice-like molecular materials offer the highest possible tensile or compressive strengths of any materials (examples being diamond, graphene, or nanotubes). Applicant chose the word “lattice” to conjure images in its customer’s minds that Applicant’s structural panels have the same superior strength characteristics, in shear and compression, that one might expect of an atomic crystalline lattice structure. II. Amendment To Identification of Goods The Office Action requested clarification of the identification of goods, claiming that the original description was too broad and could include goods in other classes. Applicant amends the description as follows: “International Class 17 – lightweight panels made from SiC, SiO2, or carbon fiber, namely structural panels for use in aerospace systems and vehicle systems.” III. Multiple-Class Application Requirements The Office Action noted that under the original description of goods, the goods could potentially be classified in at least four (4) classes, and that the application either needed to be restricted to a single class or additional fees paid. As described in Section II above, Applicant has limited the application to a single description in International Class 17, and thus Applicant submits that this issue has been addressed. |
|
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 017 |
| DESCRIPTION | Lightweight panels made from SiC, SiO2, or carbon fiber |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 017 |
| TRACKED TEXT DESCRIPTION | |
| FINAL DESCRIPTION | |
| Lightweight panels made from SiC, SiO2, or carbon fiber, namely structural panels for use in aerospace systems and vehicle systems | |
| FILING BASIS | Section 1(b) |
| ADDITIONAL STATEMENTS SECTION | |
| MISCELLANEOUS STATEMENT | The Office Action requested information regarding the goods and wording appearing in the mark. The materials are currently unavailable. The goods are based on new technology and Applicant is not aware of any competing or similar goods. Accordingly, Applicant provides responses to the following questions from the Examining Attorney: a. Do applicant's panels have a lattice structure? Applicant Response - no. The Office Action noted that lattice is defined as "'[a]n interlaced structure or pattern resembling' a structure consisting of strips that are 'crossed and fastened together with square or diamond-shaped spaces left between.'" As described above, Applicant's panels do not have a lattice structure. Fibers are actually grown between two composite or metal sheets using the new additive manufacturing process. The fibers are not crossed nor are they interconnected. Rather they are grown directly from one panel to another at various angles without contacting each other. A wide variety of fiber arrangements are used, and these can be tailored to give the panels more/less stiffness, flexibility or strength, in different directions/orientations depending on the application, and orients fibers in at least 4 opposing directions, but without touching each other. b. Are applicant's panels made via 3D printing? Applicant Response - no. Traditional 3D printing uses a "layer-by-layer" approach, and Applicant's additive manufacturing process uses different methodology as described herein. c. Are applicant's panels made with the use of lasers? Applicant's Response - The highly specialized manufacturing procedures for creating the panel products can utilize a number of different heat sources to decompose the chemical precursors that are used to grow the fibers. One heat source that can be used is a focused laser beam. However, the manufacturing methods used by Applicant is not limited to using lasers. d. How are applicant's panels made? Applicant's Response - The lightweight panels to be commercially manufactured by Applicant are created by a novel additive manufacturing process that is the subject of a number of pending patent applications, currently under non-publication requests. In general, heat is used to decompose certain chemical precursors that contain the elements and/or compounds to grow specialty fibers (or wires). Fibers are actually grown between two composite or metal sheets. As the fibers are grown, they are not crossed nor are they interconnected. Rather they are grown directly from one panel to another at various angles without contacting each other. A wide variety of fiber arrangements are used, and these can be tailored to give the panels more/less stiffness, flexibility or strength, in different directions/orientations depending on the application. The current configuration of fibers between panels is extremely strong in compression, tension, and in shear, and orients fibers in at least 4 opposing directions, but without touching each other. The fibers are not presently interconnected in any fashion. The materials are grown in three-dimensions, rather than in the typical layer-by-layer approach employed in 3-D printing, laser sintering, or stereolithography processes. The process may use any appropriate heat source to achieve the decomposition of the chemical precursors, including lasers. The structural panels can be used in a variety of aerospace systems and vehicle systems for which light weight, and high strength is desired. For example, the structural panels can be used in the fabrication of rockets, aircraft, semi-trucks, vehicle cargo systems, etc. |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Stephen H. Hall/ |
| SIGNATORY'S NAME | Stephen H. Hall |
| SIGNATORY'S POSITION | Attorney of record, Alabama bar member |
| SIGNATORY'S PHONE NUMBER | 256-517-5140 |
| DATE SIGNED | 01/11/2017 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Jan 11 11:25:28 EST 2017 |
| TEAS STAMP | USPTO/ROA-XX.XX.XXX.XXX-2 0170111112528337541-86968 123-570e6ad924b64a08aa854 21f0a1fabf6de4bd1b2a8fbc1 070601e18fe444a6a60f9-N/A -N/A-20170111112155839652 |
| 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) |
I. Section 2(e)(1) Refusal – LASERLATTICE Is At Least Suggestive
The Office Action refused registration for LASERLATTICE on the basis that the mark was merely descriptive. The Office Action cited that “a ‘lattice’ is ‘[a]n interlaced structure or pattern resembling’ a structure consisting of strips that are ‘crossed and fastened together with square or diamond-shaped spaces left between.’” The Office Action further cited that “lattices can be made with lasers and via 3D printing.”
Applicant respectfully submits that the term LASERLATTICE is not descriptive of the Applicant’s goods, and that the mark is at least suggestive. The panels on which the mark will be used are highly specialized products and used for very specific applications, but do not contain crossed or fastened strips. The panels will be very lightweight, and exhibit extremely high strength, which Applicant believes will be greater than known existing materials.
As described below in Section IV(d) below, the panels will be manufactured using a newly-developed additive manufacturing process to grow specialty fibers having novel strength characteristics. The process differs from typical layer-by-layer approach employed in 3-D printing, laser sintering, or stereolithography processes. Fibers are actually grown between two composite or metal sheets using the new additive manufacturing process.
As the fibers are grown, they are not crossed nor are they interconnected. Rather, they are grown directly from one panel to another at various angles without contacting each other. A wide variety of fiber arrangements are used, and these can be tailored to give the panels more/less stiffness, flexibility or strength, in different directions/orientations depending on the application. The current configuration of fibers between panels is extremely strong in compression, tension, and in shear, and orients fibers in at least 4 opposing directions, but without touching each other. The fibers are not presently interconnected in any fashion. Accordingly, the fibers that make up the panel are not “an interlaced structure or pattern resembling a structure consisting of strips that are crossed and fastened together with square or diamond-shaped spaced left between,” and thus not descriptive of any feature or characteristic of the goods.
Rather than being descriptive, the term “lattice” was chosen by the Applicant to suggest the strength characteristics of its panels. It is well known to those experienced in the art of molecular dynamics and specialty composite materials that crystalline or lattice-like molecular materials offer the highest possible tensile or compressive strengths of any materials (examples being diamond, graphene, or nanotubes). Applicant chose the word “lattice” to conjure images in its customer’s minds that Applicant’s structural panels have the same superior strength characteristics, in shear and compression, that one might expect of an atomic crystalline lattice structure.
II. Amendment To Identification of Goods
The Office Action requested clarification of the identification of goods, claiming that the original description was too broad and could include goods in other classes. Applicant amends the description as follows:
“International Class 17 – lightweight panels made from SiC, SiO2, or carbon fiber, namely structural panels for use in aerospace systems and vehicle systems.”
III. Multiple-Class Application Requirements
The Office Action noted that under the original description of goods, the goods could potentially be classified in at least four (4) classes, and that the application either needed to be restricted to a single class or additional fees paid. As described in Section II above, Applicant has limited the application to a single description in International Class 17, and thus Applicant submits that this issue has been addressed.