Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

NOTICE THAT PROCESSING OF

REQUEST TO DIVIDE APPLICATION IS COMPLETED

No Response Required

Issue date:  February 19, 2021

The request to divide application serial no. 88030298 filed on January 29, 2021, has been processed as follows:

(1)      Parent (original) application serial no. 88030298 contains the following goods and services:

Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking supervision, life-saving and teaching apparatus and instruments, namely, apparatus for producing sound, images or data, namely, radios, televisions, computers, cameras, telephones and telephone systems comprising computer hardware, smart phones and PC tablets; apparatus for the recording, transmission, processing and reproduction of sound, images or data; electro-technical components, namely, electro-technical vibration meters; electro-technical equipment, apparatus and instruments, namely, telecommunications equipment in the nature of computer hardware for receiving, processing, transmitting and displaying data, information technology equipment in the nature of computer hardware and software, and motor vehicle automation equipment, namely, computer software for operating and controlling cruise controls for motor vehicles, navigation apparatus for vehicles in the nature of on-board computers, navigational instruments for vehicles, computer software and sensors for monitoring and recording vehicle wear and fuel efficiency, electronic sensors for anti-theft automotive alarms, remote control transmitters and receivers for remotely operating land vehicles, remote control starters for vehicles, simulators for driving or the control of vehicles, sound equalizers and temperature control systems, namely, climate control systems consisting of digital thermostats for cooling equipment, and a programmable logic controller (PLC) with input and output features for temperature and humidity, which works with a remote digital read out controller; automation equipment for buildings, namely, wireless remotes for monitoring temperature and humidity in buildings, wireless and wired controllers, controlled devices, and software for appliances, lighting, HVAC, security and other home and office electrical power monitoring and control applications; security systems automation equipment, namely, building security systems comprising software and hardware for providing picture, video, alarm status, building plans, and other information to a remote station; software for monitoring and controlling home appliances, lighting, thermostats, heating, cooling, ventilation, security and electrical power use; blank magnetic data carriers; mechanisms for coin operated apparatus; calculating machines, data processing apparatus, computers; blank optical data carriers; prerecorded magnetic and optical data carriers featuring operating software for use with telecommunication computers, household automation systems, and information technology computers; prerecorded magnetic data carriers featuring data and information in the nature of music, video featuring musical performances and audio featuring musical performances; digital recording media, namely, CDs, DVDs, laser discs, video tapes, audio tapes, diskettes, computer disks, optical disks, optical recording disks, smart cards, magnetic data carriers, optical data carriers, USB devices and Solid State Drives featuring music, videos in the field of comedy and music videos, audio in the field of music, podcasts in the field of current events, images, text in the nature of e-books, e-zines and blogs in the field of current events, and metadata; computer operating programs; computer programs, recorded, for telecommunications, automation systems, and information technology for home, office and vehicle automation, namely, for controlling lighting systems, heating and cooling systems, security systems, home appliances and electronic devices; computer software for operating and controlling building security systems and building access, computer software for operating and controlling home and office electrical power systems comprising wireless and wired controllers; video recording software; computer software for monitoring and recording patient vital signs and responding to emergencies; computer software for operating and controlling wireless controllers to remotely monitor and control the function and status of other electrical, electronic, and mechanical devices or systems, namely, thermostats and lighting systems; computer software for remotely monitoring environmental conditions and controlling devices within a building, facility grounds, or designated spatial area; computer software, namely, computer programs for the transmission, reproduction, receiving, accessing, searching, indexing and retrieving of games, images, music, sounds, text, movies, video and animations in the field of general entertainment and data, for general database management, for the management operation and testing of wireless communication devices, for enabling and securing electronic transactions; computer software for operating cloud computing based applications; computer software for mobile data communication; computer software for controlling the operation and execution of other computer programs and networks; computer software for connecting disparate computer systems, servers and storage devices; computer programs for accessing a global computer network and interactive computer communications network; computer application software for management of data and electronic media transmission services via online global and local computer networks, for management of electronic storage of file and document data across computer networks, for hosting and integrating web content and software applications for delivery from content delivery networks, for replication of content and data across computer networks, for computer network management, namely, global traffic management, for website traffic monitoring analysis and reporting, for digital rights management services to protect data and electronic media, for digital rights management services to manage compliance with licenses and restrictions, for data transmission optimization, for managing the download of computer software to third party users, for obtaining and analyzing information about end-users for security of data transmission; downloadable computer software and software for media content delivery; software for enabling, facilitating, improving and accelerating content delivery and computer network traffic management; downloadable software in the nature of mobile applications for displaying online information; downloadable computer software for downloading and accessing electronically stored data; downloadable computer game programs via a global computer network and wireless devices; downloadable electronically recorded data files featuring video recording software computer game programs; downloadable electronic publications in the nature of periodicals, newsletters, magazines, advertisements, reports, marketing materials in the form of brochures and pamphlets in the field of telecommunications, home and office connectivity solutions, automation systems, computing and data storage, processing and data security and information technology; electronic components for motor vehicles, namely, stereos, speakers, amplifiers, batteries, electric locks, electric display panels, navigation systems, capacitors, connectors, filters, oscillators, relays, switches, transformers, resistors, semiconductors, integrated circuits, rectifiers, and transistors; audio equipment for vehicles, namely, stereos, speakers, amplifiers and equalizers; apparatus for accessing the internet and telecommunications systems, namely, computers, mobile and cellular phones, PC tablets, computer network routers, switches and hubs, network servers, and computer hardware, namely, serial ports, firewalls, and modems; computer software for medical apparatus and instruments, namely, computer software for analyzing patient data, patient vital signs, patient diagnosis, and patient treatment; software for streaming audiovisual and multimedia content via the internet and global communications networks; software for streaming audiovisual and multimedia content to mobile digital electronic devices; software for searching, organizing, and recommending multimedia content; computer software, namely, software development tools for creating software and mobile applications; hardware for streaming audiovisual and multimedia content via the internet and global communications networks, namely, digital media streaming devices, digital video recorders, DVD and high definition video disc players, home theater systems comprised of audio and video receivers and high definition video disc players; televisions, television set-top boxes, dongles being wireless network adaptors, and dongles being computer hardware for preventing the unauthorized copying or use of computer software, and broadband wireless network adapters; multichannel video programming distribution devices, namely, distribution amplifiers for audio and video signals and transmitters for video signals for transmission over twisted pair cables and applications, namely, downloadable computer and mobile device software applications for programming mobile phones to record movies and for streamlining movies to mobile phones class(es):  9.

Advertising services; merchandising services, namely, product merchandising for others and sales promotion for others; sponsorship in the form of advertising, namely, sponsorship search; special event planning for commercial or advertising purposes; arranging and conducting special events for commercial or advertising purposes; organization of exhibitions and events for commercial or advertising purposes; business management; business administration; providing office functions; commercial business management and commercial corporate business management for third parties in particular in the areas of energy, gas, and water; collection, systematization, compilation and analysis of business data and information stored in computer data bases; retail store services and online retail store services featuring machines for the household and commercial sector, namely, washing machines and dishwashers, washers for the industrial and the household sector, namely, washing machines and dishwashers, electric kitchen machines, electric cleaning apparatus for household purposes, scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking, life-saving, and teaching apparatus and instruments, apparatus and instruments for conducting, switching, transforming, accumulating, regulating and controlling electricity, apparatus for the recording, the transmission, the processing and the reproduction of sound, images or data, electro-technical components, namely, telecommunications equipment and information technology equipment, electro-technical equipment, namely, telecommunications equipment and information technology equipment, apparatus and instruments, namely, telecommunications equipment and information technology equipment, motor vehicle automation equipment, automation equipment for buildings, security systems automation equipment, software for monitoring and controlling appliances, electric equipment, apparatus and instruments for the transmitting of commands, magnetic data carriers, mechanisms for coin operated apparatus, calculating machines, data processing equipment, recorded and unrecorded data carriers, CDs, DVDs and digital recorded media, namely, floppy disks, pre-recorded USB flash drives, recorded computer programs, computer software, including downloadable computer game programs, downloadable electronic publications, electronic components for motor vehicles, computer software for medical apparatus and instruments, medical apparatus and instruments for patient monitoring and displaying patient's vital signs, orthopedic articles, apparatus for use in medical analysis for patient monitoring and displaying patient's vital signs, medical apparatus and instruments for patient monitoring and displaying patient's vital signs, medical measuring apparatus and parts thereof, apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating and water supply, motor vehicles and parts thereof, printed matter, photographs, office requisites except furniture, instructional and teaching material except apparatus, games, including video games, apparatus for games, software for streaming audiovisual and multimedia content via the internet and global communications networks, software for streaming audiovisual and multimedia content to mobile digital electronic devices, software for searching, organizing, and recommending multimedia content, computer software, namely, software development tools for creating software and mobile applications, hardware for streaming audiovisual and multimedia content via the internet and global communications networks, namely, digital media streaming devices, digital video recorders, DVD and high definition video disc players, home theater systems comprised of audio and video receivers and disc players, televisions, television set-top boxes, dongles being wireless network adaptors, computer hardware for preventing the unauthorized copying or use of computer software and broadband wireless adapters, multichannel video programming distribution devices and applications; services provided by an e-commerce operator, namely, electronic processing of orders for others, administrative processing of delivery orders and accountancy for electronic ordering systems; accountancy; providing office functions; sponsorship search. Class(es): 35.

Technical support concerning the use of communication equipment, namely, technical advice on the repair and installation of telecommunications equipment class(es): 37.

Providing telecommunication connectivity services for transfer of images, messages, audio, visual, audiovisual and multimedia works; providing electronic telecommunication connections and network connectivity services, namely, providing telecommunications connections to a global computer network; transfer of data by telecommunications; telecommunication services, namely, electronic transmission of data and documents via computer terminals; providing multiple users with access to a global computer network; providing multiple-user access to interactive databases via web sites on a global computer network; providing multiple-user access to global computer information networks for the transfer and dissemination of a wide range of information in the nature of data, communications, content, goods and services via a global network and wireless communication apparatus; providing multiple-user access to global information networks for the transfer and dissemination of a wide range of information; teleconferencing services and conferencing on the internet; providing access to telecommunication networks; transmission of voice, data, graphic, sound and video by means of broadband power line or wireless networks; consulting in the field of telecommunication services; consulting in the field of telecommunication services, namely, consulting on transmission of voice, data, documents and multimedia items via telecommunications networks in the areas of transportation connectivity, automation, security and energy efficiency; telecommunications consultation services in the fields of telecommunications automation equipment for home, work, and travel; provision of private and secure electronic communication in real time within a computer network; telecommunications, namely, personal communication services; business telecommunications, namely, providing long distance telephone services, local telephone services and transmission of voice by wireless networks; providing online chat rooms for social networking; providing access to searchable databases for the transmission of news and information between internet users; telecommunication services, namely, electric, digital, cellular and wireless transmission of voice, data, information, images, signals, and messages and transmission of voice, data, images, audio, video and information via telephone, television, computers, computer terminals and global communication networks; providing telecommunications connections to a global communications network; electronic mail, voice mail and messaging services, namely, the recording and storage and subsequent transmission of voice messages by telephone; audio and video teleconferencing; paging services; electronic transmission of email; transmission and broadcast of audio and video programming by satellite; providing access to computer information telecommunication networks; providing electronic telecommunications connections to the internet and computerized communications, data and wireless networks; high-speed access services and wireless access services to the internet; telecommunications consultation in the field of data, voice and video communications networks; video and audio teleconferencing via the internet; asynchronous transfer mode (ATM) services, namely, the transmission of information by electronic communications networks; integrated service digital network (ISDN) services; voice over internet protocol (VOIP) communications services; virtual private network (VPN) services; private line services, namely, providing private and secure electronic communications over a private or public computer network; providing telecommunications gateway services for data transfer; electronic data transmission packet services; worldwide switched voice, data, video and multimedia transmission services; providing online facsimile transmission services; telecommunications services, namely, providing a gateway for connecting between independent telecommunications and computer networks for sharing of internet traffic; voice mail services; telecommunications services, namely, providing toll free telephone numbers and call routing services in the nature of call forwarding services; messaging center services in the nature of telephone voice messaging services; video, audio and data telephone conferencing services; wireless telecommunications services, namely, the wireless transmission of voice and data; telecommunications services, namely, providing voice over internet protocol services, providing network access point services for the exchange of internet traffic among internet traffic carriers; electronic messaging services; providing a high speed access to area networks and a global computer information network; transfer of data by telecommunication; telecommunication access services; telephone telecommunications services provided via prepaid telephone calling cards; telecommunication services, namely, providing advanced calling features, namely, providing the ability to record voice memos after a telephone call by leaving a message that will be recorded separately and saved online as a file which can then be emailed, shared or kept private based on the user settings; telecommunication services in the nature of providing telephone services with various telephone features, namely, a dedicated toll-free number, voicemail, multiple mailbox extensions, telephone message notification, fax capabilities, detailed call reports, call waiting, call identification, call forwarding, and message waiting; telecommunication services, namely, providing electronic message alerts via the internet notifying individuals of a changed status or condition of a sensing device in a security system; telecommunication services, namely, providing e-mail notification alerts via the internet notifying vehicle owners of timing of vehicle maintenance; telecommunication services, namely, providing internet access via broadband optical or wireless networks; telecommunication services, namely, providing access to pictures, video, alarm status, building plans and other building and security information at a remote station; news agency services for electronic transmission; press agency services, namely, the transmission of news items and other data to news reporting organizations and news agency services for electronic transmission; rental of telecommunications equipment; providing information on telecommunications; telecommunications services, namely, electric, digital, cellular and wireless transmission of voice, data, information, images, signals, messages and transmission of voice, data, images, audio, video and information via telephone, television and global communication networks to allow users to enable value-added services in the use of fixed or mobile networks in the nature of search services or information services; telecommunications consultation services for others in the field of telecommunications automation systems and equipment used in the areas of home automation, workplace connectivity and integration, travel, transport and logistic solutions, public sector solutions, energy efficiency solutions, multimedia distribution, health solutions, security systems, application performance management, consulting services, installation services, data hosting services, network connectivity services, and network performance enhancement services, application operations and management services, web, social and mobility enabling services, and data management services; broadcasting, streaming, transmission and delivery of audio-visual and multimedia content in the fields of news, entertainment, sports, comedy, drama, music, and music videos via a global computer network; webcasting services; providing Internet access for users to access online forums for transmission of messages and transmission of blogs over the Internet; providing online electronic bulletin boards for transmission of messages among users in the field of general interest; web messaging services; video-on-demand transmission services; providing online forums for transmission of messages featuring current event reporting, entertainment, sports, comedy, drama, music, and music videos; Internet protocol television (IPTV) transmission services; wireline telecommunications, namely, transmission of voice and data by means of telephone lines; telecommunications services, namely, providing broadband voice and data services by means of telephone lines and broadband optical or wireless networks; providing information about broadband voice and data services; video services, namely, transmission of multichannel video programs via cable television, wireless communication networks, and the Internet. Class(es): 38.

Education, namely, providing classes and seminars in the fields of telecommunications, automation systems, and information technology; providing of training in the fields of telecommunications, automation systems, and information technology; entertainment, namely, providing live musical, variety, news, and comedy performances via global telecommunications networks; entertainment services, namely, providing information to mobile telecommunications devices in the fields of entertainment news, entertainment, movies, television, music, sports, celebrity personalities, current events and social commentary on entertainment; ticket agency services for entertainment events; information about entertainment and entertainment events provided via online networks and internet; organizing community sporting and cultural activities; entertainment services in the nature of conducting events in the fields of cultural, sporting, social and ecological entertainment events that are sponsored; providing information relating to the organizing of educational, cultural, sporting or entertainment exhibitions; online services, namely, providing information on education and providing entertainment information; non-downloadable electronic publications in the nature of instructional materials in the fields of telecommunications, automation systems, and information technology; providing online computer games; online electronic publishing of books and journals; education and entertainment services, namely, providing information via a global computer network in the field of entertainment and entertainment-related topics, namely, motion pictures, television shows, and multimedia entertainment content; providing a website featuring non-downloadable audio, video and audiovisual content in the nature of recordings featuring movies, TV shows, videos featuring comedy, drama and music; entertainment services, namely, providing temporary use of non-downloadable online video featuring music performances and comedy performances; provision of non-downloadable videos featuring programs on music and comedy via a video-on-demand service; video services namely, providing on-line, non-downloadable multichannel video programming featuring motion pictures and television shows class(es): 41.

Scientific and technological services, namely, research and design in the fields of telecommunications, automation systems, and information technology; industrial analysis and research services in the field of telecommunications, automation systems and information technology to assure compliance with industry standards; design and development of computer hardware, software and software for data bases; maintenance of software; computer services in the nature of electronic data storage; rental of computers for data processing; design of web sites for others; performance of chemical analysis and technical testing of chemicals; inspection of chemicals for quality control purposes; technical security services, namely, technical consultancy in the field of computer security; technical monitoring of industrial plants in the fields of energy, gas, and water to ensure proper functioning of the plants and technical quality monitoring of heat generation plants for quality control purposes; engineering; providing online computer consultation, namely, providing online technological information about computer networks; consultancy in the field of the design and development of computer software, computer database programs, and computer hardware architecture; technological services, namely, metering in relation to telemetering, remote metering, meter reading systems and smart metering, namely, metering and monitoring electric power consumption by third parties for electric power providers; telecommunications technology consultancy; information technology consulting services; technical support concerning the use of communication equipment, namely, troubleshooting of computer software problems within the equipment class(es): 42.

 To avoid abandonment, applicant must continue to file requests for extension of time to file a statement of use (extension requests) or a statement of use within the six-month period after the issuance of the notice of allowance or before expiration of a previously granted extension period.  37 C.F.R. §§2.88(a), 2.89(a)-(b).

(2)      Child application serial no. 88980617 contains the following services:

Retail store services and online retail store services featuring machines for the household and commercial sector, namely, apparatus for the recording, the transmission, the processing and the reproduction of sound, images or data, electro-technical components, namely, telecommunications equipment and information technology equipment, electro-technical equipment, namely, telecommunications equipment and information technology equipment, apparatus and instruments, namely, telecommunications equipment and information technology equipment, computers class(es):  35.

Telecommunication services, namely, transmission of voice, audio, visual images and data by telecommunications networks, wireless communication networks, the internet, information services networks and data networks class(es): 38.

 A statement of use filed on January 29, 2021, meets the minimum filing requirements and has been placed in the child application.  The statement of use will be routed to the examining attorney for examination and, if it does not meet all the statutory requirements, the examining attorney will notify the applicant.

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

Direct questions about this notice to the assigned Intent-to-use staff member below.

/Concetta A. Butler/

Paralegal Specialist

ITU Divisional Office

(571) 272-9494

concetta.butler@uspto.gov