Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88013498 PATHFINDER(Standard Characters, see http://uspto.report/TM/88013498/mark.png) has been amended as follows:

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

This is written in response to the Office Action of August 10, 2020. The Examining Attorney confirmed receipt of the Statement of Use and specimens filed on July 23, 2020, but argued that they did not appear to support the services within International Class 42. Applicant was advised to either provide substitute specimens or delete International Class 42 from the subject application. The Examining Attorney advised that the specimens as filed appeared to support the services identified within International Class 41. However, the Examining Attorney noted that the specimens did not include the date of download or the URL from where they may have originated. Applicant was advised to either confirm the date and URL pursuant to a Declaration or file substitute specimens. Further to the above, Applicant has duly deleted International Class 42 from the application. With respect to International Class 41, Applicant is hereby enclosing a Declaration confirming that the specimens in support of International Class 41 were downloaded and printed from the computer of an actual user of the PATHFINDER system on January 22, 2020 who had accessed said system through the URL www.Pathfinder.silversphere.com. Accordingly, Applicant submits that the Statement of Use should be approved with respect to International Class 41 and the application be permitted to register in due course. Such favorable action is earnestly solicited.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 042 for Providing an internet website portal featuring information in the field technology that enables users to enter, access, track, monitor and generate health and medical information and reports regarding the operation of life and health safety systems for the elderly, disabled or infirm

ADDITIONAL STATEMENTS
Miscellaneous Statement
The Declaration in support of the specimens filed on July 23, 2020 in connection with the Statement of Use as applied to the services in class 41 is attached.

Original PDF file:
mis-7143161122-2021020915 4143793726_._129686-Decla ration.pdf
Converted PDF file(s) ( 2 pages) Miscellaneous File1Miscellaneous File2
Correspondence Information (current):
      David L. Sigalow
      PRIMARY EMAIL FOR CORRESPONDENCE: dsigalow@allendyer.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): etoney@allendyer.com

The docket/reference number is 129686.
Correspondence Information (proposed):
      David L. Sigalow
      PRIMARY EMAIL FOR CORRESPONDENCE: dsigalow@allendyer.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): etoney@allendyer.com

The docket/reference number is 129686.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /David L. Sigalow/     Date: 02/09/2021
Signatory's Name: David L. Sigalow
Signatory's Position: Attorney for Applicant, Florida Bar Member

Signatory's Phone Number: 407-841-2330 Signature method: Signed directly within the form

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    David L. Sigalow
   ALLEN, DYER, DOPPELT & GILCHRIST, P.A.
   
   255 S. ORANGE AVENUE, SUITE 1401
   ORLANDO, Florida 32801
Mailing Address:    David L. Sigalow
   ALLEN, DYER, DOPPELT & GILCHRIST, P.A.
   255 S. ORANGE AVENUE, SUITE 1401
   ORLANDO, Florida 32801
        
Serial Number: 88013498
Internet Transmission Date: Tue Feb 09 15:48:43 ET 2021
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2021020915484300
9746-88013498-7603d55e8e5fa7186319bdc996
a82045a0eac7d85c54d29692e9e86749e61bdb-N
/A-N/A-20210209154143793726