Response to Office Action

NEBULA

Ecaresoft, Inc.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88130592
LAW OFFICE ASSIGNED LAW OFFICE 124
MARK SECTION
MARK http://uspto.report/TM/88130592/mark.png
LITERAL ELEMENT NEBULA
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT The Examiner has stated that the specimen fails to show the applied-for mark used in commerce for the identified services because "the identification indicates that the applied-for software is for use by insurance companies and payers, however, the website shown in the specimen advertises use by payers and hospitals." Applicant respectfully submits that although the identified services allow access to information provided by hospitals, it is actually used only by payers of services that are provided by hospitals, such as insurance companies. Thus, the specimen provided does accurately describe the services at issue and show use in commerce for "Software as a service (SAAS) services featuring software for use by payer and insurance companies for claim management and processing." Accordingly, Applicant requests that the examiner withdraw her objection and allow this application to proceed.
SIGNATURE SECTION
RESPONSE SIGNATURE /Gretchen McCord/
SIGNATORY'S NAME Gretchen McCord
SIGNATORY'S POSITION Attorney of record, Texas bar member
SIGNATORY'S PHONE NUMBER 254.218.4238
DATE SIGNED 07/15/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Jul 15 12:39:14 EDT 2019
TEAS STAMP USPTO/ROA-XX.XX.XX.XX-201
90715123914469771-8813059
2-62037c1a432f7fd78668445
fa34c90757bce70eba2f47e76
24a66c284b807e9d-N/A-N/A-
20190715123148279129



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. 88130592 NEBULA(Standard Characters, see http://uspto.report/TM/88130592/mark.png) has been amended as follows:

ADDITIONAL STATEMENTS
Miscellaneous Statement
The Examiner has stated that the specimen fails to show the applied-for mark used in commerce for the identified services because "the identification indicates that the applied-for software is for use by insurance companies and payers, however, the website shown in the specimen advertises use by payers and hospitals." Applicant respectfully submits that although the identified services allow access to information provided by hospitals, it is actually used only by payers of services that are provided by hospitals, such as insurance companies. Thus, the specimen provided does accurately describe the services at issue and show use in commerce for "Software as a service (SAAS) services featuring software for use by payer and insurance companies for claim management and processing." Accordingly, Applicant requests that the examiner withdraw her objection and allow this application to proceed.


SIGNATURE(S)
Response Signature
Signature: /Gretchen McCord/     Date: 07/15/2019
Signatory's Name: Gretchen McCord
Signatory's Position: Attorney of record, Texas bar member

Signatory's Phone Number: 254.218.4238

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: 88130592
Internet Transmission Date: Mon Jul 15 12:39:14 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201907151239144697
71-88130592-62037c1a432f7fd78668445fa34c
90757bce70eba2f47e7624a66c284b807e9d-N/A
-N/A-20190715123148279129



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