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)

---

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. 88095680 AUTOMATE(Standard Characters, see http://uspto.report/TM/88095680/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of argument, exhibit referenced in argument, and attachment referenced in response to the Examining Attorney's request for information has been attached.
Original PDF file:
evi_15118145-20190607110601844233_._Reponse_to_office_action_AUTOMATE.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_15118145-20190607110601844233_._A_-_Mate_definition_and_meaning___Collins_English_Dictionary.pdf
Converted PDF file(s) ( 11 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Original PDF file:
evi_15118145-20190607110601844233_._Request_for_Information_About___Amherst___Buffalo_Automation.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for optical sensor systems for maritime vessels; sensors and detection units for use in controlling operation of nautical navigation apparatus and equipment; nautical navigation systems using artificial intelligence; navigation software for maritime vessels
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 07/08/2016 and first used in commerce at least as early as 11/00/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: optical sensor systems for maritime vessels; Optical sensor systems for maritime vessels comprised of optical sensors, optical receivers, optical signaling cables, radar apparatus, ultrasonic sensors, global positioning system (GPS), satellite compasses, anemometers, automatic identification system (AIS) for marine vessels, and inertial measurement units for measuring a vehicle's specific force, angular rate, and surrounding magnetic field; sensors and detection units for use in controlling operation of nautical navigation apparatus and equipment; nautical navigation systems using artificial intelligence; satellite-aided nautical navigation systems using artificial intelligence for navigation path calculation, navigation equipment control, collision avoidance, and fuel saving; navigation software for maritime vessels; navigation software for maritime vessels for navigation path calculation, navigation equipment control, collision avoidance, and fuel savingClass 009 for Optical sensor systems for maritime vessels comprised of optical sensors, optical receivers, optical signaling cables, radar apparatus, ultrasonic sensors, global positioning system (GPS), satellite compasses, anemometers, automatic identification system (AIS) for marine vessels, and inertial measurement units for measuring a vehicle's specific force, angular rate, and surrounding magnetic field; sensors and detection units for use in controlling operation of nautical navigation apparatus and equipment; satellite-aided nautical navigation systems using artificial intelligence for navigation path calculation, navigation equipment control, collision avoidance, and fuel saving; navigation software for maritime vessels for navigation path calculation, navigation equipment control, collision avoidance, and fuel saving
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 07/08/2016 and first used in commerce at least as early as 11/00/2017 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant responds to the Non-Final Action dated May 6, 2019, by asserting that the specimen submitted on February 14, 2019 is not a printer's proof, and was actually distributed to consumers of Applicant's products. As the Applicant is a relatively new start-up business selling to a limited number of highly sophisticated customers, the phrase "Thank you We will make changes based on your feedback" in the specimen was merely meant to convey to its clients that it will modify aspects of its products according to customer feedback. Accordingly, the specimen submitted on February 14, 2019 should be accepted.


SIGNATURE(S)
Response Signature
Signature: /daniel r carosa/     Date: 06/07/2019
Signatory's Name: Daniel R. Carosa
Signatory's Position: Attorney for Applicant, New York bar member

Signatory's Phone Number: 716.856.4000

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: 88095680
Internet Transmission Date: Fri Jun 07 11:21:39 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.X.X-201906071121395414
01-88095680-620c38045b2992072467b519628b
78bf8d1f08f96ffeadf6b26de1da474aaa7163f-
N/A-N/A-20190607110601844233