Notation to File

AVIDITY

Edstrom Holdings, LLC

FW: U.S. Trademark Application SNs: 88042409 - AVIDITY (standard characters) and 88042416 - AVIDITY SCIENCE (standard characters) (Our Ref. Nos. 1038.067 and 1038.069) Mr. Aurand, Thank you for your detailed email of Tuesday, January 15, 2019 including various options for the proposed Examining Attorney’s amendment to place the two above referenced applications in condition to proceed to publication. In response to the three outstanding items listed in your email below regarding Class 11, and the available response options provided, our selected response is provided below: 1) “water distribution equipment in the nature of regulating accessories for water supply, namely, water control valves” a. In response to this first section of the identification we chose to accept your first proposal and amend this language to insert “metered valves” back in, e.g., “Water distribution equipment in the nature of regulating accessories for water supply, namely, water control metered valves. 2) “fluid valves, namely, water control valves, manually-operated plumbing valves, and plumbing fittings, namely valves” a. In response to this second section of the identification we chose to accept your third proposal and delete this language. 3) “vivarium equipment, namely, water filtering units for commercial use, water purification units, and water proportioner units in the nature of chlorinating units for water treatment, acidifying units for water treatment and medicating units for water treatment” a. In response to this second section of the identification we chose to accept your proposed language of “vivarium equipment, namely, water filtering units for commercial use, water purification units, and water proportioner units in the nature of chlorinating and acidifying units primarily used for water treatment to maintain water quality, also used as a drug delivery device for animal drinking water treatment, all of the foregoing sold as a unit for water treatment” For the sake of clarity, our approved amendments to address these three outstanding issues are shown in the following identification of goods in Class 11 with underline and strikethrough. (Please note, these changes are in addition to those previously identified in our email of January 11, 2019) CLASS 11 – water treatment equipment, namely, water filtration units, reverse osmosis units; water purification equipment, namely, water purification units, water purification tanks, water purification machines, water filtration and purification units and replacement cartridge and filters thereof; Water distribution equipment in the nature of regulating accessories for water supply, namely, water control metered valves; fluid valves, namely, water control valves, manually-operated plumbing valves, and plumbing fittings, namely valves; water drinking valves for animals in the nature of metered valves; vivarium equipment, namely, water filtering units for commercial use, water purification units, and water proportioner units in the nature of chlorinating and acidifying units primarily used for water treatment to maintain water quality, also used as a drug delivery device for animal drinking water treatment, all of the foregoing sold as a unit for water treatment; animal watering systems in the nature of mechanized waterers for use in vivarium. Please let me know if you have any questions, or if I can be of any further assistance. Thanks, Kyle KYLE M. COSTELLOBOYLE FREDRICKSON S.C. Intellectual Property Law 840 North Plankinton Avenue | Milwaukee, WI 53203 Direct: 414.225.6301 | Phone: 414.225.9755 | Fax: 414.225.9753 E-mail: KMC@boylefred.com | www.boylefred.com All e-mail correspondence which provides filing or response instructions, or is time-sensitive in nature, must be copied to our firm at docketing@boylefred.com and acknowledged. If you do not receive an acknowledgement within 24 hours, please forward a copy of your communication by facsimile (414-225-9753), including the email error notification (if any), so we can review the issue on our end. Timely receipt of any e-mail correspondence which is unacknowledged or sent directly to individual e-mail accounts cannot be guaranteed. * * * * * * * * CONFIDENTIALITY NOTICE * * * * * * * * This is a transmission from the law firm of Boyle Fredrickson and may contain information which is privileged, confidential, and/or protected by the attorney-client or attorney work product privileges. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this transmission in error, please destroy it and notify us immediately by return e-mail or by calling (414) 225-9755. Thank you. From: Aurand, Kyle <Kyle.Aurand@USPTO.GOV> Sent: Tuesday, January 15, 2019 1:57 PM To: Kyle Costello <kmc@boylefred.com> Cc: Timothy Newholm <ten@boylefred.com>; Nicole Baker <nmb@boylefred.com>; Dawn Oleszak <dawn@boylefred.com>; Docketing <docketing@boylefred.com> Subject: RE: U.S. Trademark Application SNs: 88042409 - AVIDITY (standard characters) and 88042416 - AVIDITY SCIENCE (standard characters) (Our Ref. Nos. 1038.067 and 1038.069) Mr. Costello, Thank you for your response. In short, we are in agreement over each Class except Class 11, where you have provided a couple changes. I believe there are just three “sections” of Class 11 that we are still working out. I have listed these three sections as you provided them below, along with comments and suggestions: Water distribution equipment in the nature of regulating accessories for water supply, namely, water control valves Our conversation has been in relation to the use of “water control valves” and your hesitation to put “water control metered valves” in the ID. My issue here is, Class 11 includes valves for plumbing and heating and cooling installations regardless of material composition. If not for these purposes, note that manually operated metal valves are in Class 6; valves being machine parts and engine valves for vehicles and machinery are in Class 7; automatic control valves are in Class 9; rubber, manually operated valves are in Class 17 and plastic, manually operated valves are in Class 20. This is why when you search for “control valve” in the ID Manual, the entries in Class 11 are “plumbing fittings, namely, tub control valves”, “plumbing fittings, namely, shower control valves”, “water control valves for faucets”, and also heating systems for residential and commercial buildings comprised of…valves”. Further, your suggestion of using the above language, “regulating accessories for water supply, namely, water control valves”, while the “lead in” language is in the ID Manual, it ends with “metered valves”. This is why I provided the suggestion of using “metered valves”. Overall, I for this entry, I would suggest one of three things: (1) Amending this language to insert “metered valves” back in, e.g., “Water distribution equipment in the nature of regulating accessories for water supply, namely, water control metered valves; (2) Add a type of plumbing fixture that is in Class 11, such as the above mentioned items, “shower control valves, water control valves for faucets, tub control valves”, e.g., “Water distribution equipment in the nature of regulating accessories for water supply, namely, water control valves for {insert “showers”, “faucets”, “tubs” or similar}; or (3) You can delete this language. Note that you currently have listed in Class 9, “fluid valves, namely, control valves for regulating the flow of liquids”, which seems to cover any control valve that regulates the flow of liquids. fluid valves, namely, water control valves, manually-operated plumbing valves, and plumbing fittings, namely valves This entry has the same issue in regards to “water control valves”. Therefore, I give the same suggestions as immediately above: (1) Amending this language to insert “metered valves” back in, e.g., “fluid valves, namely, water control metered valves, manually-operated plumbing valves, and plumbing fittings, namely valves”; (2) Add a type of plumbing fixture that is in Class 11, such as the above mentioned items, “shower control valves, water control valves for faucets, tub control valves”, e.g., “fluid valves, namely, water control valves for {insert “showers”, “faucets”, “tubs” or similar}, manually-operated plumbing valves, and plumbing fittings, namely valves”; or (3) You can delete this language. Note that you currently have listed in Class 9, “fluid valves, namely, control valves for regulating the flow of liquids”, which seems to cover any control valve that regulates the flow of liquids. vivarium equipment, namely, water filtering units for commercial use, water purification units, and water proportioner units in the nature of chlorinating units for water treatment, acidifying units for water treatment and medicating units for water treatment The main issues here is the use of “medicating units for water treatment”, because medical type apparatus and instruments, whether for animals or humans, would likely be in Class 10. You mentioned over the phone about how you are trying to keep costs from skyrocketing, given the multiple additional classes added to this application. You also mentioned that this is one product that maintains water quality but can also be used to deliver medications through an animal’s water ( I am going off of this product listed on your client’s website, https://www.avidityscience.com/central-proportioner.html). If the medical feature of the water proportioner is secondary to the purification/maintaining water quality features, then I believe we can keep this in Class 10. If accurate, I would suggest the following: vivarium equipment, namely, water filtering units for commercial use, water purification units, and water proportioner units in the nature of chlorinating and acidifying units primarily used for water treatment to maintain water quality, also used as a drug delivery device for animal drinking water treatment, all of the foregoing sold as a unit for water treatment Again, per our phone conversation, and your email, we are in agreement on Classes 6, 9, 19, 21, and 42. Then, looking at Class 11, the above three items are the only issues in that class, I believe we are in agreement on the remaining items in Class 11. Let me know before this Friday, January 18, 2019, if you agree to the above amendments, and how you would like to proceed with “water control valves” as outlined above. Best, Kyle /Kyle Aurand/ Trademark Examining Attorney Law Office 126 United States Patent & Trademark Office (571) 270-3039 Kyle.Aurand@uspto.gov From: Kyle Costello [mailto:kmc@boylefred.com] Sent: Friday, January 11, 2019 1:39 PM To: Aurand, Kyle <Kyle.Aurand@USPTO.GOV> Cc: Timothy Newholm <ten@boylefred.com>; Nicole Baker <nmb@boylefred.com>; Dawn Oleszak <dawn@boylefred.com>; Docketing <docketing@boylefred.com> Subject: FW: U.S. Trademark Application SNs: 88042409 - AVIDITY (standard characters) and 88042416 - AVIDITY SCIENCE (standard characters) (Our Ref. Nos. 1038.067 and 1038.069) Mr. Aurand, Thank you very much for returning my phone call yesterday afternoon and for taking a few minutes to discuss your proposed Examiner’s Amendment in more detail. Per our discussion, please find below our revised proposed amendment to the Identification of Goods and Services. A we discussed, this listing conforms to your proposal with a few small changes to the goods listed in Class 11: CLASS 6 – Water treatment equipment, namely, metal water storage basins for collecting and storing water; fluid valves, namely, water-pipe valves of metal, animal drinking valves of metal; water distribution equipment, namely, metal water pipes, manifolds of metal for pipelines, industrial water tanks of metal; manually operated metal valves, namely, water drinking valves for animals; vivarium equipment, namely, manifolds of metal for pipelines CLASS 9 – facility management software, namely, software to control laboratory and vivarium environments and water distribution; fluid valves, namely, control valves for regulating the flow of liquids; automatic control valves, namely, water drinking valves for animals; vivarium equipment, namely, electric monitoring sensors for environmental use CLASS 11 – water treatment equipment, namely, water filtration units, reverse osmosis units; water purification equipment, namely, water purification units, water purification tanks, water purification machines, water filtration and purification units and replacement cartridge and filters thereof; Water distribution equipment in the nature of regulating accessories for water supply, namely, water control valves; fluid valves, namely, water control valves, manually-operated plumbing valves, and plumbing fittings, namely valves; water drinking valves for animals in the nature of metered valves; vivarium equipment, namely, water filtering units for commercial use, water purification units, and water proportioner units in the nature of chlorinating units for water treatment, acidifying units for water treatment and medicating units for water treatment; animal watering systems in the nature of mechanized waterers for use in vivariums CLASS 19 – Water treatment equipment, namely, non-metal water storage basins for collecting and storing water; water distribution equipment, namely, non-metal water pipes; fluid valves, namely, water-pipe valves not of metal or plastic, animal drinking valves not of metal or plastic CLASS 21 – animal watering systems in the nature of animal activated waterers and automated animal waterers; animal water containers, namely, water bottles sold empty, collapsible water pouches sold empty CLASS 42 – Laboratory and vivarium facility engineering services, namely, engineering design services, engineering facility management services It is our understanding that adoption of this amended Identification of Goods and Services should place both application Serial No. 88042409 to AVIDITY (standard characters) and application Serial No. 88042416 to AVIDITY SCIENCE (standard characters) in condition for publication and such publication is respectfully requested. Please feel free to contact us via email or phone if you believe any further amendments are required prior to publication. Thank you for your assistance in this matter. Best, Kyle Costello KYLE M. COSTELLOBOYLE FREDRICKSON S.C. Intellectual Property Law 840 North Plankinton Avenue | Milwaukee, WI 53203 Direct: 414.225.6301 | Phone: 414.225.9755 | Fax: 414.225.9753 E-mail: KMC@boylefred.com | www.boylefred.com &

NOTE TO THE FILE

SERIAL NUMBER: 88042409

DATE:    01/18/2019

NAME: kaurand

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
    X   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: Kyle Costello [mailto:kmc@boylefred.com]
Sent: Thursday, January 17, 2019 4:58 PM
To: Aurand, Kyle <Kyle.Aurand@USPTO.GOV>
Cc: Timothy Newholm <ten@boylefred.com>; Nicole Baker <nmb@boylefred.com>; Dawn Oleszak <dawn@boylefred.com>; Docketing <docketing@boylefred.com>
Subject: FW: U.S. Trademark Application SNs: 88042409 - AVIDITY (standard characters) and 88042416 - AVIDITY SCIENCE (standard characters) (Our Ref. Nos. 1038.067 and 1038.069)

Mr. Aurand,

Thank you for your detailed email of Tuesday, January 15, 2019 including various options for the proposed Examining Attorney’s amendment to place the two above referenced applications in condition to proceed to publication.

In response to the three outstanding items listed in your email below regarding Class 11, and the available response options provided, our selected response is provided below:



1)     “water distribution equipment in the nature of regulating accessories for water supply, namely, water control valves”

a.      In response to this first section of the identification we chose to accept your first proposal and amend this language to insert “metered valves” back in, e.g., “Water distribution equipment in the nature of regulating accessories for water supply, namely, water control metered valves.

2)     “fluid valves, namely, water control valves, manually-operated plumbing valves, and plumbing fittings, namely valves”

a.      In response to this second section of the identification we chose to accept your third proposal and delete this language.

3)     “vivarium equipment, namely, water filtering units for commercial use, water purification units, and water proportioner units in the nature of chlorinating units for water treatment, acidifying units for water treatment and medicating units for water treatment”

a.      In response to this second section of the identification we chose to accept your proposed language of “vivarium equipment, namely, water filtering units for commercial use, water purification units, and water proportioner units in the nature of chlorinating and acidifying units primarily used for water treatment to maintain water quality, also used as a drug delivery device for animal drinking water treatment, all of the foregoing sold as a unit for water treatment”

For the sake of clarity, our approved amendments to address these three outstanding issues are shown in the following identification of goods in Class 11 with underline and strikethrough. (Please note, these changes are in addition to those previously identified in our email of January 11, 2019)

CLASS 11 – water treatment equipment, namely, water filtration units, reverse osmosis units; water purification equipment, namely, water purification units, water purification tanks, water purification machines, water filtration and purification units and replacement cartridge and filters thereof; Water distribution equipment in the nature of regulating accessories for water supply, namely, water control metered valves; fluid valves, namely, ~~water control valves,~~ manually-operated plumbing valves, and plumbing fittings, namely valves; water drinking valves for animals in the nature of metered valves; vivarium equipment, namely, water filtering units for commercial use, water purification units, and water proportioner units in the nature of chlorinating and acidifying units primarily used for water treatment to maintain water quality, also used as a drug delivery device for animal drinking water treatment, all of the foregoing sold as a unit for water treatment; animal watering systems in the nature of mechanized waterers for use in vivarium.

Please let me know if you have any questions, or if I can be of any further assistance.

Thanks,

Kyle

KYLE M. COSTELLO
BOYLE FREDRICKSON S.C.
Intellectual Property Law

840 North Plankinton Avenue | Milwaukee, WI 53203
Direct: 414.225.6301 | Phone: 414.225.9755 | Fax: 414.225.9753
E-mail: KMC@boylefred.com | www.boylefred.com

All e-mail correspondence which provides filing or response instructions, or is time-sensitive in nature, must be copied to our firm at docketing@boylefred.com and acknowledged. If you do not receive an acknowledgement within 24 hours, please forward a copy of your communication by facsimile (414-225-9753), including the email error notification (if any), so we can review the issue on our end. Timely receipt of any e-mail correspondence which is unacknowledged or sent directly to individual e-mail accounts cannot be guaranteed.

* * * * * * * * CONFIDENTIALITY NOTICE * * * * * * * *
This is a transmission from the law firm of Boyle Fredrickson and may contain information which is privileged, confidential, and/or protected by the attorney-client or attorney work product privileges. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this transmission in error, please destroy it and notify us immediately by return e-mail or by calling (414) 225-9755. Thank you.

From: Aurand, Kyle <Kyle.Aurand@USPTO.GOV>
Sent: Tuesday, January 15, 2019 1:57 PM
To: Kyle Costello <kmc@boylefred.com>
Cc: Timothy Newholm <ten@boylefred.com>; Nicole Baker <nmb@boylefred.com>; Dawn Oleszak <dawn@boylefred.com>; Docketing <docketing@boylefred.com>
Subject: RE: U.S. Trademark Application SNs: 88042409 - AVIDITY (standard characters) and 88042416 - AVIDITY SCIENCE (standard characters) (Our Ref. Nos. 1038.067 and 1038.069)

Mr. Costello,

Thank you for your response. In short, we are in agreement over each Class except Class 11, where you have provided a couple changes. I believe there are just three “sections” of Class 11 that we are still working out. I have listed these three sections as you provided them below, along with comments and suggestions:

Water distribution equipment in the nature of regulating accessories for water supply, namely, water control valves

Our conversation has been in relation to the use of “water control valves” and your hesitation to put “water control metered valves” in the ID.

My issue here is, Class 11 includes valves for plumbing and heating and cooling installations regardless of material composition. If not for these purposes, note that manually operated metal valves are in Class 6; valves being machine parts and engine valves for vehicles and machinery are in Class 7; automatic control valves are in Class 9; rubber, manually operated valves are in Class 17 and plastic, manually operated valves are in Class 20.

This is why when you search for “control valve” in the ID Manual, the entries in Class 11 are “plumbing fittings, namely, tub control valves”, “plumbing fittings, namely, shower control valves”, “water control valves for faucets”, and also heating systems for residential and commercial buildings comprised of…valves”.

Further, your suggestion of using the above language, “regulating accessories for water supply, namely, water control valves”, while the “lead in” language is in the ID Manual, it ends with “metered valves”. This is why I provided the suggestion of using “metered valves”.

Overall, I for this entry, I would suggest one of three things:

(1) Amending this language to insert “metered valves” back in, e.g., “Water distribution equipment in the nature of regulating accessories for water supply, namely, water control metered valves;

(2) Add a type of plumbing fixture that is in Class 11, such as the above mentioned items, “shower control valves, water control valves for faucets, tub control valves”, e.g., “Water distribution equipment in the nature of regulating accessories for water supply, namely, water control valves for {insert “showers”, “faucets”, “tubs” or similar}; or

(3) You can delete this language. Note that you currently have listed in Class 9, “fluid valves, namely, control valves for regulating the flow of liquids”, which seems to cover any control valve that regulates the flow of liquids.

fluid valves, namely, water control valves, manually-operated plumbing valves, and plumbing fittings, namely valves

This entry has the same issue in regards to “water control valves”. Therefore, I give the same suggestions as immediately above:

(1) Amending this language to insert “metered valves” back in, e.g., “fluid valves, namely, water control metered valves, manually-operated plumbing valves, and plumbing fittings, namely valves”;

(2) Add a type of plumbing fixture that is in Class 11, such as the above mentioned items, “shower control valves, water control valves for faucets, tub control valves”, e.g., “fluid valves, namely, water control valves for {insert “showers”, “faucets”, “tubs” or similar}, manually-operated plumbing valves, and plumbing fittings, namely valves”; or

(3) You can delete this language. Note that you currently have listed in Class 9, “fluid valves, namely, control valves for regulating the flow of liquids”, which seems to cover any control valve that regulates the flow of liquids.

vivarium equipment, namely, water filtering units for commercial use, water purification units, and water proportioner units in the nature of chlorinating units for water treatment, acidifying units for water treatment and medicating units for water treatment

The main issues here is the use of “medicating units for water treatment”, because medical type apparatus and instruments, whether for animals or humans, would likely be in Class 10. You mentioned over the phone about how you are trying to keep costs from skyrocketing, given the multiple additional classes added to this application. You also mentioned that this is one product that maintains water quality but can also be used to deliver medications through an animal’s water ( I am going off of this product listed on your client’s website, http://www.avidityscience.com/central-proportioner.html). If the medical feature of the water proportioner is secondary to the purification/maintaining water quality features, then I believe we can keep this in Class 10.

If accurate, I would suggest the following:

vivarium equipment, namely, water filtering units for commercial use, water purification units, and water proportioner units in the nature of chlorinating and acidifying units primarily used for water treatment to maintain water quality, also used as a drug delivery device for animal drinking water treatment, all of the foregoing sold as a unit for water treatment

Again, per our phone conversation, and your email, we are in agreement on Classes 6, 9, 19, 21, and 42. Then, looking at Class 11, the above three items are the only issues in that class, I believe we are in agreement on the remaining items in Class 11.

Let me know before this Friday, January 18, 2019, if you agree to the above amendments, and how you would like to proceed with “water control valves” as outlined above.

Best,

Kyle

/Kyle Aurand/

Trademark Examining Attorney

Law Office 126

United States Patent & Trademark Office

(571) 270-3039

Kyle.Aurand@uspto.gov

From: Kyle Costello [mailto:kmc@boylefred.com]
Sent: Friday, January 11, 2019 1:39 PM
To: Aurand, Kyle <Kyle.Aurand@USPTO.GOV>
Cc: Timothy Newholm <ten@boylefred.com>; Nicole Baker <nmb@boylefred.com>; Dawn Oleszak <dawn@boylefred.com>; Docketing <docketing@boylefred.com>
Subject: FW: U.S. Trademark Application SNs: 88042409 - AVIDITY (standard characters) and 88042416 - AVIDITY SCIENCE (standard characters) (Our Ref. Nos. 1038.067 and 1038.069)

Mr. Aurand,

Thank you very much for returning my phone call yesterday afternoon and for taking a few minutes to discuss your proposed Examiner’s Amendment in more detail. Per our discussion, please find below our revised proposed amendment to the Identification of Goods and Services. A we discussed, this listing conforms to your proposal with a few small changes to the goods listed in Class 11:

CLASS 6 – Water treatment equipment, namely, metal water storage basins for collecting and storing water; fluid valves, namely, water-pipe valves of metal, animal drinking valves of metal; water distribution equipment, namely, metal water pipes, manifolds of metal for pipelines, industrial water tanks of metal; manually operated metal valves, namely, water drinking valves for animals; vivarium equipment, namely, manifolds of metal for pipelines

CLASS 9 – facility management software, namely, software to control laboratory and vivarium environments and water distribution; fluid valves, namely, control valves for regulating the flow of liquids; automatic control valves, namely, water drinking valves for animals; vivarium equipment, namely, electric monitoring sensors for environmental use

CLASS 11 – water treatment equipment, namely, water filtration units, reverse osmosis units; water purification equipment, namely, water purification units, water purification tanks, water purification machines, water filtration and purification units and replacement cartridge and filters thereof; Water distribution equipment in the nature of regulating accessories for water supply, namely, water control valves; fluid valves, namely, water control valves, manually-operated plumbing valves, and plumbing fittings, namely valves; water drinking valves for animals in the nature of metered valves; vivarium equipment, namely, water filtering units for commercial use, water purification units, and water proportioner units in the nature of chlorinating units for water treatment, acidifying units for water treatment and medicating units for water treatment; animal watering systems in the nature of mechanized waterers for use in vivariums

CLASS 19 – Water treatment equipment, namely, non-metal water storage basins for collecting and storing water; water distribution equipment, namely, non-metal water pipes; fluid valves, namely, water-pipe valves not of metal or plastic, animal drinking valves not of metal or plastic

CLASS 21 – animal watering systems in the nature of animal activated waterers and automated animal waterers; animal water containers, namely, water bottles sold empty, collapsible water pouches sold empty

CLASS 42 – Laboratory and vivarium facility engineering services, namely, engineering design services, engineering facility management services

It is our understanding that adoption of this amended Identification of Goods and Services should place both application Serial No. 88042409 to AVIDITY (standard characters) and application Serial No. 88042416 to AVIDITY SCIENCE (standard characters) in condition for publication and such publication is respectfully requested.

Please feel free to contact us via email or phone if you believe any further amendments are required prior to publication. Thank you for your assistance in this matter.

Best,

Kyle Costello

KYLE M. COSTELLO
BOYLE FREDRICKSON S.C.
Intellectual Property Law

840 North Plankinton Avenue | Milwaukee, WI 53203
Direct: 414.225.6301 | Phone: 414.225.9755 | Fax: 414.225.9753
E-mail: KMC@boylefred.com | www.boylefred.com

All e-mail correspondence which provides filing or response instructions, or is time-sensitive in nature, must be copied to our firm at docketing@boylefred.com and acknowledged. If you do not receive an acknowledgement within 24 hours, please forward a copy of your communication by facsimile (414-225-9753), including the email error notification (if any), so we can review the issue on our end. Timely receipt of any e-mail correspondence which is unacknowledged or sent directly to individual e-mail accounts cannot be guaranteed.

* * * * * * * * CONFIDENTIALITY NOTICE * * * * * * * *
This is a transmission from the law firm of Boyle Fredrickson and may contain information which is privileged, confidential, and/or protected by the attorney-client or attorney work product privileges. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this transmission in error, please destroy it and notify us immediately by return e-mail or by calling (414) 225-9755. Thank you.

From: Jodi Calderon
Sent: Thursday, January 10, 2019 12:52 PM
To: Nicole Baker <nmb@boylefred.com>; Dawn Oleszak <dawn@boylefred.com>
Cc: Kyle Costello <kmc@boylefred.com>
Subject: FW: U.S. Trademark Application SNs: 88042409 - AVIDITY (standard characters) and 88042416 - AVIDITY SCIENCE (standard characters)

From: Aurand, Kyle [mailto:Kyle.Aurand@USPTO.GOV]
Sent: Thursday, January 10, 2019 12:00 PM
To: Timothy Newholm <ten@boylefred.com>
Cc: Docketing <docketing@boylefred.com>
Subject: RE: U.S. Trademark Application SNs: 88042409 - AVIDITY (standard characters) and 88042416 - AVIDITY SCIENCE (standard characters)

Mr. Newholm,

I wanted to follow up on my email from Tuesday from below. Please let me know if you agree to the changes in both referenced applications.

Best,

Kyle

/Kyle Aurand/

Trademark Examining Attorney

Law Office 126

United States Patent & Trademark Office

(571) 270-3039

Kyle.Aurand@uspto.gov

From: Aurand, Kyle
Sent: Tuesday, January 08, 2019 9:33 AM
To: 'ten@boylefred.com' <ten@boylefred.com>
Cc: 'docketing@boylefred.com' <docketing@boylefred.com>
Subject: U.S. Trademark Application SNs: 88042409 - AVIDITY (standard characters) and 88042416 - AVIDITY SCIENCE (standard characters)

Good Morning Mr. Newholm,

My name is Kyle Aurand, and I am the examining attorney assigned to the above referenced trademark applications, AVIDITY and AVIDITY SCIENCE (standard characters). I have reviewed the Office action responses filed on November 21, 2018 and I would like your permission to make the following suggested amendments to both applications:

Identification of Goods/Services – After reviewing the responses and applicant’s website, if accurate, the identification can be amended to (additions appear in bold underline font):

CLASS 6 – Water treatment equipment, namely, metal water storage basins for collecting and storing water; fluid valves, namely, water-pipe valves of metal, animal drinking valves of metal; water distribution equipment, namely, metal water pipes, manifolds of metal for pipelines, industrial water tanks of metal; manually operated metal valves, namely, water drinking valves for animals; vivarium equipment, namely, manifolds of metal for pipelines

CLASS 9 – facility management software, namely, software to control laboratory and vivarium environments and water distribution; fluid valves, namely, control valves for regulating the flow of liquids; automatic control valves, namely, water drinking valves for animals; vivarium equipment, namely, electric monitoring sensors for environmental use

CLASS 11 – water treatment equipment, namely, water filtration units, reverse osmosis units; water purification equipment, namely, water purification units, water purification tanks, water purification machines, water filtration and purification units and replacement cartridge and filters thereof; Water distribution equipment in the nature of regulating accessories for water supply, namely, water control metered valves; fluid valves, namely, water control metered valves, manually-operated plumbing valves, and plumbing fittings, namely {specify the type(s) of plumbing fittings, e.g., “bibbs, cocks, traps, valves}; water drinking valves for animals in the nature of metered valves; vivarium equipment, namely, water filtering units for {specify domestic use, commercial use, or industrial use}, water purification units, and water proportioner units in the nature of chlorinating units for water treatment; animal watering systems in the nature of mechanized waterers for use in vivariums

CLASS 19 – Water treatment equipment, namely, non-metal water storage basins for collecting and storing water; water distribution equipment, namely, non-metal water pipes; fluid valves, namely, water-pipe valves not of metal or plastic, animal drinking valves not of metal or plastic

CLASS 21 – animal watering systems in the nature of animal activated waterers and automated animal waterers; animal water containers, namely, water bottles sold empty, collapsible water pouches sold empty

CLASS 42 – Laboratory and vivarium facility engineering services, namely, engineering design services, engineering facility management services

If you agree, you may respond to this email and explicitly give me permission to make the amendment, and I can quickly enter the changes and approve the mark for publication. If you have any questions please reach me either by my direct line or email below.

To expedite the examination process and avoid the need for a formal Office action, please contact me by January 11, 2019.

Thank you for your cooperation,

/Kyle Aurand/

Trademark Examining Attorney

Law Office 126

United States Patent & Trademark Office

(571) 270-3039

Kyle.Aurand@uspto.gov