Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88086342 ALI(Standard Characters, see http://uspto.report/TM/88086342/mark.png) has been amended as follows:

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

Please see arguments attached in the Evidence Section. Thank you!

EVIDENCE

Original PDF file:
evi_2092361064-20190617224944615636_._ALI_Response_to_Office_Action.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_2092361064-20190617224944615636_._Exhibit_A_ALI_Response_to_Office_Action.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Software for processing images, graphics and text; Computer software for computer analytics, signal processing, machine learning, pattern recognition, natural language processing, understanding and generation, and imitating human thought processes through rule-based frameworks; Computer software that collects, identifies, processes, and curates relevant structured and unstructured audio, video, image, text, and biometric data, in any format, for cognitive search, pattern recognition, real-time advanced data analytics, algorithmic training, knowledge discovery and visualization, and natural language processing and generation in order to produce recommendations based on data collected; Computer software and firmware for data extraction of structured or unstructured data and analysis of data; Computer software for the collection, editing, organizing, modifying, book marking, transmission, storage and sharing of data and information; Computer application software for mobile phones, handheld computers, and computers; Computer programs, recorded, for data extraction of structured or unstructured data and analysis of data; Computer software platforms for cognitive business enterprise decision making by conducting deep analysis of structured and unstructured data sources; Downloadable cloud-computing software that leverages natural language processing, machine learning, pattern recognition, neural networks, semantic knowledge, graph theory and deep learning to provide contextual and accurate decision metrics, cutting across structured and unstructured data sources for use in business enterprises; Text recognition software; Character recognition software
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/20/2016 and first used in commerce at least as early as 12/20/2016 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Software for processing images, graphics and text; Computer software for computer analytics, signal processing, machine learning, pattern recognition, natural language processing, understanding and generation, and imitating human thought processes through rule-based frameworks; Computer software that collects, identifies, processes, and curates relevant structured and unstructured audio, video, image, text, and biometric data, in any format, for cognitive search, pattern recognition, real-time advanced data analytics, algorithmic training, knowledge discovery and visualization, and natural language processing and generation in order to produce recommendations based on data collected; Computer software and firmware for data extraction of structured or unstructured data and analysis of data; Computer software for the collection, editing, organizing, modifying, book marking, transmission, storage and sharing of data and information; Computer application software for mobile phones, handheld computers, and computers; Computer application software for mobile phones, handheld computers, and computers, namely, software for computer analytics, signal processing, machine learning, pattern recognition, natural language processing, understanding and generation, and imitating human thought processes through rule-based frameworks; Computer programs, recorded, for data extraction of structured or unstructured data and analysis of data; Computer software platforms for cognitive business enterprise decision making by conducting deep analysis of structured and unstructured data sources; Downloadable cloud-computing software that leverages natural language processing, machine learning, pattern recognition, neural networks, semantic knowledge, graph theory and deep learning to provide contextual and accurate decision metrics, cutting across structured and unstructured data sources for use in business enterprises; Text recognition software; Character recognition software; Optical character recognition softwareClass 009 for Software for processing images, graphics and text; Computer software for computer analytics, signal processing, machine learning, pattern recognition, natural language processing, understanding and generation, and imitating human thought processes through rule-based frameworks; Computer software that collects, identifies, processes, and curates relevant structured and unstructured audio, video, image, text, and biometric data, in any format, for cognitive search, pattern recognition, real-time advanced data analytics, algorithmic training, knowledge discovery and visualization, and natural language processing and generation in order to produce recommendations based on data collected; Computer software and firmware for data extraction of structured or unstructured data and analysis of data; Computer software for the collection, editing, organizing, modifying, book marking, transmission, storage and sharing of data and information; Computer application software for mobile phones, handheld computers, and computers, namely, software for computer analytics, signal processing, machine learning, pattern recognition, natural language processing, understanding and generation, and imitating human thought processes through rule-based frameworks; Computer programs, recorded, for data extraction of structured or unstructured data and analysis of data; Computer software platforms for cognitive business enterprise decision making by conducting deep analysis of structured and unstructured data sources; Downloadable cloud-computing software that leverages natural language processing, machine learning, pattern recognition, neural networks, semantic knowledge, graph theory and deep learning to provide contextual and accurate decision metrics, cutting across structured and unstructured data sources for use in business enterprises; Text recognition software; Optical character recognition software
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/20/2016 and first used in commerce at least as early as 12/20/2016 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Software as a service (SAAS) featuring computer software platforms for cognitive business enterprise decision making by conducting deep analysis of structured and unstructured data sources; Providing on-line, temporary use of non-downloadable cloud computing featuring software that leverages natural language processing, machine learning, pattern recognition, neural networks, semantic knowledge, graph theory and deep learning to provide contextual and accurate decision metrics, cutting across structured and unstructured data sources for use in business enterprises; Non-downloadable text-recognition and character-recognition software; Software as a service (SAAS) services featuring software for data extraction of structured or unstructured data and analysis of data; Software as a service (SAAS) services featuring software for analyzing and categorizing documents for business purposes; Data-acquisition and collection for calibration and coordinate-measurement purposes; Providing on-line, temporary use of non-downloadable cloud computing software programs for document management; Information governance services, namely, data management in the nature of data warehousing and electronic storage of data; Data mining using predictive coding services, namely, providing data mining services using predictive software models to analyze and categorize data; Automated reasoning services, namely, providing data automation and collection services using proprietary predictive model software to provide contextual value of service data; Knowledge representation services, namely, the design of textual and visual information graphics and visualization materials; Natural language processing, namely, providing computer programming services to use predictive models to process and extract meaning from language; Machine learning data mining services, namely, providing data mining services using predictive machine learning software models to analyze and categorize data; Artificial intelligence services, namely, providing data mining services using predictive artificial intelligence software models to analyze and categorize data; Deep learning neural network services and artificial neural network services, namely, providing data mining services using predictive neural network software models to analyze and categorize data; Non-downloadable character recognition software; Non-downloadable text recognition software
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/20/2016 and first used in commerce at least as early as 12/20/2016 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Software as a service (SAAS) featuring computer software platforms for cognitive business enterprise decision making by conducting deep analysis of structured and unstructured data sources; Providing on-line, temporary use of non-downloadable cloud computing featuring software that leverages natural language processing, machine learning, pattern recognition, neural networks, semantic knowledge, graph theory and deep learning to provide contextual and accurate decision metrics, cutting across structured and unstructured data sources for use in business enterprises; Providing on-line, temporary use of non- downloadable cloud computing software programs featuring software that leverages natural language processing, machine learning, pattern recognition, neural networks, semantic knowledge, graph theory and deep learning to provide contextual and accurate decision metrics, cutting across structured and unstructured data sources for use in business enterprises; Non-downloadable text-recognition and character-recognition software; Non- downloadable text-recognition and optical character-recognition software; Software as a service (SAAS) services featuring software for data extraction of structured or unstructured data and analysis of data; Software as a service (SAAS) services featuring software for analyzing and categorizing documents for business purposes; Data-acquisition and collection for calibration and coordinate-measurement purposes; Providing on-line, temporary use of non-downloadable cloud computing software programs for document management; Information governance services, namely, data management in the nature of data warehousing and electronic storage of data; Data mining using predictive coding services, namely, providing data mining services using predictive software models to analyze and categorize data; Automated reasoning services, namely, providing data automation and collection services using proprietary predictive model software to provide contextual value of service data; Knowledge representation services, namely, the design of textual and visual information graphics and visualization materials; Natural language processing, namely, providing computer programming services to use predictive models to process and extract meaning from language; Machine learning data mining services, namely, providing data mining services using predictive machine learning software models to analyze and categorize data; Artificial intelligence services, namely, providing data mining services using predictive artificial intelligence software models to analyze and categorize data; Deep learning neural network services and artificial neural network services, namely, providing data mining services using predictive neural network software models to analyze and categorize data; Non-downloadable character recognition software; Non-downloadable optical character recognition software; Non-downloadable text recognition software; Non-downloadable text recognition software.Class 042 for Software as a service (SAAS) featuring computer software platforms for cognitive business enterprise decision making by conducting deep analysis of structured and unstructured data sources; Providing on-line, temporary use of non- downloadable cloud computing software programs featuring software that leverages natural language processing, machine learning, pattern recognition, neural networks, semantic knowledge, graph theory and deep learning to provide contextual and accurate decision metrics, cutting across structured and unstructured data sources for use in business enterprises; Non- downloadable text-recognition and optical character-recognition software; Software as a service (SAAS) services featuring software for data extraction of structured or unstructured data and analysis of data; Software as a service (SAAS) services featuring software for analyzing and categorizing documents for business purposes; Data-acquisition and collection for calibration and coordinate-measurement purposes; Providing on-line, temporary use of non-downloadable cloud computing software programs for document management; Information governance services, namely, data management in the nature of data warehousing and electronic storage of data; Data mining using predictive coding services, namely, providing data mining services using predictive software models to analyze and categorize data; Automated reasoning services, namely, providing data automation and collection services using proprietary predictive model software to provide contextual value of service data; Knowledge representation services, namely, the design of textual and visual information graphics and visualization materials; Natural language processing, namely, providing computer programming services to use predictive models to process and extract meaning from language; Machine learning data mining services, namely, providing data mining services using predictive machine learning software models to analyze and categorize data; Artificial intelligence services, namely, providing data mining services using predictive artificial intelligence software models to analyze and categorize data; Deep learning neural network services and artificial neural network services, namely, providing data mining services using predictive neural network software models to analyze and categorize data; Non-downloadable optical character recognition software; Non-downloadable text recognition software.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/20/2016 and first used in commerce at least as early as 12/20/2016 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Rachel A. Rice/     Date: 06/17/2019
Signatory's Name: Rachel A. Rice
Signatory's Position: Attorney of Record, Colorado Bar Member

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88086342
Internet Transmission Date: Mon Jun 17 22:53:11 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2019061722531122
8714-88086342-620a9a20401cb7547075e3746d
c0f5197f7376afca60cf11b11daba43f7da44c7a
-N/A-N/A-20190617224944615636