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: 10/30/2017

U.S. Serial Number  87256000

DIVISIONAL COMPLETED

The request to divide application serial no. 87256000 filed on September 28, 2017, has been processed as follows:

(1)    Parent (original) application serial no. 87/256,000 contains the following goods and services: 

Class 9:  Software for use in medical testing and management of data from such testing; computer software for use by patients and medical professionals to distribute and share medical data, schedule appointments, send notifications, and provide access to health care information, documents and diagnoses

Class 42:  Software as a service (SaaS) services for use in medical testing and management of data from such testing; providing an interactive web site featuring technology that enables users to enter, access, track, monitor and generate health and medical information and reports; providing internet-based software, namely, providing a website featuring on-line non-downloadable software for use by patients and medical professionals to distribute and share medical data, schedule appointments, send notifications, and provide access to health care information, documents and diagnoses. 

(2)    Child application serial no. 87/976,075 contains the following services: 

Class 44:  Providing wellness evaluation and consultation; medical testing for treatment purposes; medical diagnostic testing, monitoring and reporting services; provision of health care and medical services by health care professionals via the Internet or telecommunication networks; counseling services in the fields of health, nutrition and lifestyle wellness; diagnostics performed by doctors for the purposes of disease prevention. 

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

The examining attorney will be notified of the completed request to divide.  Please note that the filing of a request to divide an application is not considered a proper response to an examining attorney’s Office action and does not relieve an applicant of the duty to respond to any outstanding Office action or to take any other required action.  37 C.F.R. §2.87(e); TMEP §1110.05. 

Please note that no response is required for this Office action.  However, if the applicant has any questions or concerns regarding the above-referenced matter, please telephone the undersigned paralegal specialist.

/Lynette Patterson/

Paralegal Specialist

Office of Trademark Services

ITU/Divisional Unit

Phone - (571) 272-9507

lynette.patterson@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.