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:  July 4, 2021

This letter supersedes the previous letter issued on July 4, 2021 in connection with this application.

The request to divide application serial no. 88038189 filed on April 20, 2021 has been processed as follows:

(1)      Parent (original) application serial no. 88038189 contains the following goods and services in class(es): 

Class 6 - Tool boxes of metal, empty; ladders of metal; metal clamps; workbench accessories, namely, metal clamps; replacement parts for the aforesaid goods

Class 7 - Woodworking machines, namely, planers, shovels, buffers, routers; power-driven wrenches; power-operated sharpeners; Power tools, namely, routers; Power tools, namely, planers; electric hot air glue guns; tool grinding machines; Power tools, namely, profile sanders; electric glue guns; fans for machine engines; Air-operated power tools, namely, impact drills; Air-operated power tools, namely, hammer drills; Pneumatic shears; cutting discs for compact power-operated circular saws; carbide rasps for oscillating multi-purpose power tools used for sanding, grinding, polishing, sharpening, rasping, sawing, and scraping; router bits for power-operated routers; power-operated grinding wheels, power-operated abrasive wheels for angle grinders; sanding sheets for power-operated sanders; polishing pads for power-operated sanders and oscillating multi tools; sanding pads for power-operated sanders and angle grinders; floor washing machines; robotic high pressure washers; robotic swimming pool cleaner machines; robotic cleaners, namely, robotic vacuum cleaners, robotic floor cleaning machines, robotic road sweeping machines, Multi-purpose robotic steam cleaners; brushes for vacuum cleaners; robotic snow throwers; robotic grass trimmers; robotic weed trimmer; robotic lawn trimmer; robotic lawn and garden string trimmer; robotic watering machines for cleaning surfaces using high pressure water

Class 8 - Bench vices of metal; accessories for hand held tools, namely, bits for hand drills; bit drivers for hand tools, saw blades, grinding wheels, sanding discs, abrading discs; tool belts

Class 9 - Computer application software for mobile phones, namely, software for power operated tools and power operated lawn and garden tools, computer software for power operated tools and power operated lawn and garden tools, computer software applications for power operated tools and power operated lawn and garden tools, software for power operated tools and power operated lawn and garden tools; downloadable software for power operated tools and power operated lawn and garden tools; downloadable mobile applications for power operated tools and power operated lawn and garden tools; application software for smart phones for power operated tools and power operated lawn and garden tools; application software for mobile phones, tablets, laptops and computers for power operated tools and power operated lawn and garden tools; downloadable mobile and computer software for use with power tools and gardening tools, for use as a control system; remote controls for power operated tools and power operated lawn and garden tools; remote control apparatus for power operated tools and power operated lawn and garden tools; software for remote controls for power operated tools and power operated lawn and garden tools; remote control apparatus for garden tools and power tools; audio speakers, radios; lasers for measuring; measuring instrumentation and apparatus, namely, digitizers; carpenter's levels; safety goggles; protective ear covering shields; protective work gloves; gloves for protection against accidents; protective gloves for industrial use; clothing for protection against accidents, irradiation and fire

Class 11 - LED light bulbs; electric portable cool boxes; air purifying apparatus and machines; water purifying apparatus and machines; filters for drinking water; water filtering apparatus; electrically heated clothing

Class 20 - Vice benches of metal being furniture

Class 35 - Online retail store services featuring speakers, radios, protective clothing and equipment, measuring instruments and apparatus, purifying and filtering apparatus for water, air purifying apparatus, and cool boxes, and electrically heated clothing

Class 37 - Repair and maintenance services in the fields of lawn and garden equipment and accessories, garden carts, multipurpose wheeled carriers, hand operated tools and accessories, workbenches and accessories, work support products and accessories, power operated tools and accessories, lighting products, batteries, battery chargers, battery packs, speakers, radios, protective clothing and equipment, measuring instruments and apparatus, purifying and filtering apparatus for water, air purifying apparatus, heat guns, electric fans and cool boxes, and electrically heated clothing

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. 88982246 contains the following goods and services in class(es): 

Class 7 - Metalworking machines; woodworking machines, namely, drills; cutting machines; electric hammers; Power-operated tools, namely, buffers; Power tools, namely, grinders; Power tools, namely, sanders; Power tools, namely, polishers; impact wrenches; oscillating multi-purpose power tool used for sanding, grinding, polishing, sharpening, rasping, sawing, and scraping; power-operated spray guns; brushes, electrically operated being parts of machines; bits for power drills; tool bits for machines; power-operated nailing guns; power-operated snow throwers; power operated car polisher; spray guns for paint; pneumatically operated tire inflation machine; Power lawn and garden tools, namely, shredders; power-operated jig saws; Power-operated reciprocating saws; Power-operated circular saws; power tool accessories, namely, drill bits for drills; screwdriver bits for power screwdrivers; saw blades for power-operated compact circular saws; sanding paper for power-operated sanders and oscillating multi-purpose tools; cut blade for oscillating multi-purpose power tool used for sanding, grinding, polishing, sharpening, rasping, sawing, and scraping; machines and apparatus for cleaning surfaces using high pressure water; high pressure washers; swimming pool cleaning machines; tree pruner machines; chain saws; robotic lawnmowers; electric sweepers; power operated brushing machines; vacuum cleaners; power operated grass trimmers; power operated weed trimmers; electric lawn trimmers; power-operated lawn and garden string trimmers; power-operated garden tool accessories, namely, spools, edging wheels for grass trimmers; bars, chains, extension poles for chain saws; blades for lawnmowers; bags, leaf collection bags, gutter cleaning kits, inflators and air deflators for blowers; nozzles, brushes, soap bottles, water buckets for power-operated pressure cleaners; grass boxes for lawnmowers; hoses for power-operated pressure cleaners

Class 8 - Hand tools, namely, combined vice and workbench of metal; accessories for hand held tools, namely, drill bits, screwdriver bits, tool holders; vises; clamps

Class 11 - LED lighting fixtures for indoor and outdoor lighting applications; LED work lights for construction settings; heat guns; electric fans

Class 35 - Online retail store services featuring lawn and garden equipment and accessories, garden carts, multipurpose wheeled carriers, hand operated tools and accessories, workbenches and accessories, work support products and accessories, power operated tools and accessories, lighting products, batteries, battery chargers, battery packs, heat guns, electric fans

A statement of use filed on April 20, 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.

/Tracy Ferebee/

Tracy (Welch) Ferebee

Paralegal Specialist

OFC OF TM SVCS

ITU/Divisional Unit

571-272-9631

tracy.welch@uspto.gov