Notation to File

HALCYON

Varian Medical Systems, Inc.

RE: Application No. 87438439   Dear Ms. Martin,   Thank you very much.  Yes and Examiner’s Amendment would be great.  Please let me know if you need anything further.   Regards,   Kelly McCarthy   From: Martin, Jennifer [mailto:Jennifer.Martin@USPTO.GOV] Sent: Tuesday, August 13, 2019 8:20 AM To: McCarthy, Kelly P. Subject: [EXTERNAL] RE: Application No. 87438439   The proposed amendment would be acceptable.  Would you like me to enter the change by Examiner’s Amendment?   /Jennifer M. Martin/ Jennifer McGarry Martin United States Patent and Trademark Office Examining Attorney, L.O. 116 (571) 272-9193   From: McCarthy, Kelly P. [mailto:kmccarthy@sideman.com] Sent: Wednesday, July 31, 2019 6:30 PM To: Martin, Jennifer <Jennifer.Martin@USPTO.GOV> Cc: Trademark Group <TrademarkGroup@sideman.com>; TMDocket <TMDocket@sideman.com> Subject: Application No. 87438439   Dear Ms. Martin,   I am writing in regard to the above application for which you have issued an office action citing necessary changes to the application’s description in class 10.  In the office action, you suggested the following:   Medical linear accelerators used in radiotherapy and computer software embedded therein for use in the field of radiotherapy, sold as a unit; Medical apparatus, namely, medical device for use in patient positioning and immobilization for radiotherapy treatments and patient imaging and diagnosis using scanning devices; medical apparatus for locating and targeting volumes in a body for use in radiation oncology; medical apparatus, namely, medical device for maintaining patient positioning between or among treatment, imaging, diagnostic and simulation treatment in the field of radiation oncology; Radiation beam collimation apparatus for conformal beam radiotherapy; all of the foregoing services limited to the radiation oncology field   Applicant would like to propose the following two changes to that description for your consideration:   Class 10: Medical linear accelerators used in radiotherapy and computer software embedded therein for use in the field of radiotherapy, sold as a unit; Medical apparatus, namely, medical device for use in patient positioning and immobilization for radiotherapy treatments and patient imaging and diagnosis using scanning devices; medical apparatus for locating and targeting volumes in a body for use in radiation oncology treatments; medical apparatus, namely, medical device for maintaining patient positioning between or among treatment, imaging, diagnostic and simulation treatment in the field of radiation oncology therapy; Radiation beam collimation apparatus for conformal beam radiotherapy; all of the foregoing services limited to the radiation oncology field   I am more than happy to discuss this via the phone, with description changes, it’s often hard to discuss without seeing a written version first.  Thank you in advance for your assistance and I look forward to hearing from you.   Kelly McCarthy Attorney for Applicant Direct Dial: 415-733-3923     Kelly P McCarthy Partner

NOTE TO THE FILE


SERIAL NUMBER:            87438439

DATE:                                08/13/2019

NAME:                               jmartin3

NOTE:         

Searched:                                                             
     Google                            
     Lexis/Nexis                       
     OneLook
     Wikipedia
     Acronym Finder                         Protest evidence reviewed
     Other:

Checked:                                                             
     Geographic significance          
     Surname                          
     Translation
     ID with ID/CLASS mailbox

     Checked list of approved Canadian attorneys and agents

Discussed file with
Attorney/Applicant via:
        phone                               Left message with
        email                               Attorney/Applicant

     Requested Law Library search       X   Issued Examiner’s Amendment
     for:                                   and entered changes in TRADEUPS

        PRINT        DO NOT PRINT           Added design code in TRADEUPS
     Description of the mark
     Translation statement                  Re-imaged standard character
                                            drawing
     Negative translation statement             
     Consent of living individual           Contacted TM MADRID ID/CLASS
                                            about misclassified definite ID
     Changed TRADEUPS to:

     OTHER:

From: McCarthy, Kelly P. [mailto:kmccarthy@sideman.com]
Sent: Tuesday, August 13, 2019 12:07 PM
To: Martin, Jennifer <Jennifer.Martin@USPTO.GOV>
Cc: Trademark Group <TrademarkGroup@sideman.com>
Subject: RE: Application No. 87438439

 

Dear Ms. Martin,

 

Thank you very much.  Yes and Examiner’s Amendment would be great.  Please let me know if you need anything further.

 

Regards,

 

Kelly McCarthy

 

From: Martin, Jennifer [mailto:Jennifer.Martin@USPTO.GOV]
Sent: Tuesday, August 13, 2019 8:20 AM
To: McCarthy, Kelly P.
Subject: [EXTERNAL] RE: Application No. 87438439

 

The proposed amendment would be acceptable.  Would you like me to enter the change by Examiner’s Amendment?

 

/Jennifer M. Martin/
Jennifer McGarry Martin
United States Patent and Trademark Office
Examining Attorney, L.O. 116
(571) 272-9193

 

From: McCarthy, Kelly P. [mailto:kmccarthy@sideman.com]
Sent: Wednesday, July 31, 2019 6:30 PM
To: Martin, Jennifer <
Jennifer.Martin@USPTO.GOV>
Cc: Trademark Group <
TrademarkGroup@sideman.com>; TMDocket <TMDocket@sideman.com>
Subject: Application No. 87438439

 

Dear Ms. Martin,

 

I am writing in regard to the above application for which you have issued an office action citing necessary changes to the application’s description in class 10.  In the office action, you suggested the following:

 

Medical linear accelerators used in radiotherapy and computer software embedded therein for use in the field of radiotherapy, sold as a unit; Medical apparatus, namely, medical device for use in patient positioning and immobilization for radiotherapy treatments and patient imaging and diagnosis using scanning devices; medical apparatus for locating and targeting volumes in a body for use in radiation oncology; medical apparatus, namely, medical device for maintaining patient positioning between or among treatment, imaging, diagnostic and simulation treatment in the field of radiation oncology; Radiation beam collimation apparatus for conformal beam radiotherapy; all of the foregoing services limited to the radiation oncology field

 

Applicant would like to propose the following two changes to that description for your consideration:

 

Class 10: Medical linear accelerators used in radiotherapy and computer software embedded therein for use in the field of radiotherapy, sold as a unit; Medical apparatus, namely, medical device for use in patient positioning and immobilization for radiotherapy treatments and patient imaging and diagnosis using scanning devices; medical apparatus for locating and targeting volumes in a body for use in radiation oncology treatments; medical apparatus, namely, medical device for maintaining patient positioning between or among treatment, imaging, diagnostic and simulation treatment in the field of radiation oncology therapy; Radiation beam collimation apparatus for conformal beam radiotherapy; all of the foregoing services limited to the radiation oncology field

 

I am more than happy to discuss this via the phone, with description changes, it’s often hard to discuss without seeing a written version first.  Thank you in advance for your assistance and I look forward to hearing from you.

 

Kelly McCarthy

Attorney for Applicant

Direct Dial: 415-733-3923

 

 

Kelly P McCarthy

Partner


Sideman & Bancroft LLP
One Embarcadero Center
Twenty-Second Floor
San Francisco, CA 94111

Main:

415.392.1960

Fax:

415.392.0827

kmccarthy@sideman.com

@kellymcbrandlaw

Visit us at www.sideman.com

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