UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.  A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.

 

 

ISSUE/MAILING DATE: 1/11/2019

 

INTRODUCTION

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

SEARCH FOR CONFLICTING MARKS

 

The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).

 

 

SUMMARY OF ISSUES

·       IDENTIFICATION OF GOODS/SERVICES

 

IDENTIFICATION OF GOODS/SERVICES

 

CLASS 05:

 

The wording “tissue culture media for use in laboratory procedures and medical technologies” is indefinite and must be clarified to specify the type of medical use. For example, applicant may indicate that the culture media is for use in augmentation of bone and tissue for medical purposes.

 

The word “growth” media is indefinite and must be clarified to indicate the nature of the goods. For example, applicant may clarify the identification by specifying that it is a “cell growth media.”

Additionally, the wording “especially” is indefinite must be deleted and replaced with a definite term, such as “namely,” “consisting of,” “particularly,” or “in particular.”  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03(a).  The identification must be specific and all-inclusive.  This wording is an open-ended term (e.g., “including,” “such as”) that is not acceptable because it fails to identify specific goods.  See TMEP §1402.03(a). 

The wording “ASTRINGENTS, APPLICATOR SWABS AND ALCOHOL WIPES” is too broad. Applicant must indicate the specific medical purpose to remain in Class 5, e.g., for gynecological use, or indicate part of a kit and classify accordingly, e.g., surgical preparatory kits comprised of astringents, applicator swabs and alcohol wipes in Class 10}

 

Class 10:

 

Numerous items in this class need further clarification as “medical instruments”, or to further specify the medical purpose of the tool/instrument.

 

Use of open-ended wording such as “including” is indefinite and must be deleted and replaced with a definite term, such as “namely,” “consisting of,” “particularly,” or “in particular.”  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03(a). 

 

Specifically:

 

Original identification	Issue	Suggestion
Insufflator units comprised of co2 insufflator unit, patient tubing, and co2 tank hose and yoke	This wording is indefinite and must be clarified that it is for medical purposes.	Insufflator units for medical purposes comprised of an CO2 insufflator unit, patient tubing, and CO2 tank hose and yoke;
cardiac cryosurgical systems comprised of cardiac cryosurgical unit, hose and cardiac probes	This wording is indefinite and must be clarified to specify the purpose or function of the system. Additionally, the wording “unit” is indefinite and must be clarified.	cardiac cryosurgical systems comprised of cardiac cryosurgical device, hose and cardiac probes for ______ {specify function or purpose, e.g., use in performing ablative surgery};
medical and surgical diagnostic systems comprised of a camera/light source apparatus, co2 insuffulator, forceps, and diagnostic sheaths	The wording “camera/light source” is indefinite and must be clarified to specify whether the system contains a camera source, a light source, or both.	medical and surgical diagnostic systems comprised of a camera and light source apparatus, co2 insufflator, forceps, and diagnostic sheaths
probes for transvaginal surgery, fiber light sources, retractable needles for use during surgical procedures	This wording is indefinite and must be clarified to specify whether the probes, fiber lights, and retractable needles are three independent goods, or whether the probe features the lights and needles.   Applicant is advised that if the “fiber light sources” is an independent clause, applicant must clarify the nature of the good and properly reclassify the good depending on its nature.	probes for transvaginal surgery featuring fiber light sources and retractable needles for use during surgical procedures;
astringents, applicator swabs and alcohol wipes	The wording “astringents” is misclassified and should be properly re-classified in International Class 005.   The word “applicator swabs” is indefinite and must be clarified to specify the purpose of the swab. For example, “cotton swabs for cosmetic purposes” are properly classified in International Class 003; “cotton swabs for medical use” are properly classified in International Class 005; and “Laboratory swabs” are properly classified in International Class 009.   Lastly, the word “wipes” is misclassified and should be properly re-classified depending on its purpose and use. For example, “antiseptic wipes” are properly classified in International Class 005.	International Class 005: astringents; applicator cotton swabs for medical use; antiseptic alcohol wipes
pipettes for medical purposes	This wording is indefinite and must be clarified to specify that the pipettes are “dropping pipettes.”	Dropping pipettes for medical purposes
cervical and endometrial samplers	The wording “cervical and endometrial samplers is indefinite and must be clarified. Applicant may clarify these goods by indicating that they are medical instruments.	Medical instruments, namely, cervical and endometrial samplers;
implant insertion devices, namely, applicators used to implant the tubal ligation clip	This wording is indefinite and must be clarified to specify that it is a medical instrument.	Medical instruments in the nature of implant insertion devices, namely, applicators used to implant the tubal ligation clip
surgical isolation bubble system comprised primarily of a double isolation chamber	This wording is indefinite and must be clarified to specify that it is a surgical instrument.	Surgical instruments in the nature of a surgical isolation bubble system comprised primarily of a double isolation chamber
fetal monitor kits comprised primarily of fetal monitor, ultrasound transducers, tocolysis transducer, event marker, reusable transducer belt, ultrasound gel, printer paper, power cord, electronic medical record management software, ethernet cables and rechargeable battery	The wording “fetal monitor kit” is indefinite and must be clarified to specify the purpose of the monitoring kit. For example, applicant may clarify the identification by specifying that the goods monitor “pulse” or “vital signs.”	fetal monitor kits for monitoring fetal vital signs comprised primarily of fetal monitor, ultrasound transducers, tocolysis transducer, event marker, reusable transducer belt, ultrasound gel, printer paper, power cord, electronic medical record management software, ethernet cables and rechargeable battery
fetal vacuum extractor	This wording is indefinite and must be clarified to indicate that it is used for medical purposes.	fetal vacuum extractor pumps for medical purposes;
endocervical and endometrial tissue sampling devices	This wording is indefinite and must be clarified to specify the purpose of the sampling device. For example, applicant may indicate that it is for medical diagnostic uses	endocervical and endometrial tissue sampling devices for diagnostic purposes;
irrigation apparatus for wound cleansing	This wording is indefinite and must be clarified to specify that the “irrigation apparatus” is for medical use.	Medical irrigation apparatus for wound cleansing;
endoscopic procedure kit containing suture, passer, graspers and knot pusher	This wording is indefinite and must be clarified to specify that it is for medical purposes.	Endoscopic equipment for medical purposes, namely, endoscopic procedure kit containing suture, passer, graspers and knot pusher
medical equipment, namely, vitrification carriers	This wording is indefinite and must be clarified to indicate the purpose of the goods. For example, applicant may indicate that the goods are for vitrification of “human blastocysts, human reproductive tissue, human sperm, human oocytes and human embryos used for in vitro fertilization or treatment of infertility and other disorders relating to fertility and human reproduction”	Medical equipment, namely, vitrification carriers for vitrification of ______ {specify, e.g., human blastocysts, human reproductive tissue, human sperm, human oocytes and human embryos used for in vitro fertilization or treatment of infertility and other disorders relating to fertility and human reproduction}
medical device for use for in vitro fertilization	This wording is indefinite and must be clarified to specify the specific nature of the medical device. For example, applicant may indicate that the devices are “incubators.”	medical device for use for in vitro fertilization, namely, incubators;
biological cell sampling needle	This wording is indefinite and must be clarified to specify the nature of the needles. For example, applicant may indicate that that needles are for medical purposes or injections.	biological cell sampling needle for medical purposes
medical apparatus and instruments used for the vitrification and/or cryopreservation of biological cells	The wording “and/or” is indefinite and must be clarified. Generally, the terminology “and/or” and “or” is not sufficiently explicit language in identifications because it is not clear whether applicant is using the mark, or intends to use the mark, on all the identified goods.  See TMEP §1402.03(a).    Therefore, applicant should replace “and/or” with “and” in the identification of goods, if appropriate, or rewrite the identification with the “and/or” deleted and the goods specified using definite and unambiguous language.	medical apparatus and instruments used for the vitrification and cryopreservation of biological cells
medical instruments for use in performing biopsies	This wording is a duplicate entry.	Deleted
cervical os finder	This wording is indefinite and must be clarified to specify the function of the medical instrument.	Medical instrument, namely, cervical os finder for locating and opening the cervical os;
uterine depth measuring tool	This wording is indefinite and must be clarified to specify that it is used for surgical and/or medical purposes.	Surgical and medical instrument, namely, uterine depth measuring tool
tenaculum forceps	This wording is indefinite and must be clarified to specify that it is for medical use.	tenaculum forceps for medical use;
patient return grounding pad	This wording is indefinite and must be clarified to specify the purpose or function of the pad. For example, applicant may specify that the pad is used to move patients or that the pads are foam and used for medical and physical therapy use	patient return grounding pad, namely, patient moving device in the nature of a low friction pad for sliding patients to or from a stretcher and bed
remote event marker	This wording is indefinite and must be clarified to specify that it is a medical instrument used to monitor fetal activity.	Medical instrument, namely, remote event marker for monitoring fetal activity;
a series of cryosurgical freezer tips including a human papilloma virus set	This wording is indefinite and must be clarified. First, the word “including” is indefinite and must be replaced with a definite term, such as “namely,” “consisting of,” or “particularly”. Second, applicant must clarify the function or purpose of the “human papilloma virus set.”	Medical and surgical instruments, namely, a series of cryosurgical freezer tips consisting of a human papilloma virus set for ______ {specify, e.g., detecting human papilloma virus};
full-spectrum cervical cell collectors	This wording is indefinite and must be clarified to specify whether it is a surgical or medical instrument.	Medical instruments, namely, full-spectrum cervical cell collectors
uterine/endometrial cell collectors	The “/” is indefinite and must be clarified to specify whether applicant is producing uterine and endometrial cell collectors, or whether applicant is only producing one of the goods.   Additionally, applicant must clarify whether it is a surgical or medical instrument.	Medical instruments, namely, uterine and endometrial cell collectors
surgical retractors	This wording is a duplicate entry.	[Deleted]
consoles comprised of freezers, and/or digital temperature and timer modules for medical use in various disciplines, including obstetrics and gynecology, and dermatology	The wording “and/or” is indefinite and must be clarified. Generally, the terminology “and/or” and “or” is not sufficiently explicit language in identifications because it is not clear whether applicant is using the mark, or intends to use the mark, on all the identified goods.  See TMEP §1402.03(a).    Therefore, applicant should replace “and/or” with “and” in the identification of goods, if appropriate, or rewrite the identification with the “and/or” deleted and the goods specified using definite and unambiguous language.    Furthermore, the word “including” is also indefinite and must be replaced with a definite term such as “namely.”   Additionally, applicant must clarify the purpose or function of the medical device.	Medical apparatus in the nature of consoles comprised of freezers, digital temperature readers and timer modules for ______ {specify purpose or function} in various disciplines, namely, obstetrics and gynecology, and dermatology
fixed-focus and zoom-focus stereoscopic microscopes including optical power and video features for surgical operations	The word “including” is indefinite and must be replaced with a definite term such as “namely.”	fixed-focus and zoom-focus stereoscopic microscopes featuring optical power and video features for surgical operations
laboratory equipment for clinical medical use, namely, a culture system consisting primarily of a pump and cartridge for holding embryos and culturing media which supports the growth of embryos for in-vitro fertilization procedures	This wording is indefinite and must be clarified that it is a cell culture system.	laboratory equipment for clinical medical use, namely, a cell culture system consisting primarily of a pump and cartridge for holding embryos and culturing media which supports the growth of embryos for in-vitro fertilization procedures

 

Class 42:

 

The wording “genetic testing for scientific purposes” is indefinite and must be clarified to indicate that the genetic testing is for “research purposes.”

 

The wording “scientific research and development” and is indefinite and must be clarified to indicate that the genetic testing is for “research purposes.”

 

The wording “research and development in the field of reproduction and genetics” is indefinite and must indicate that the research and development is of a scientific nature.

Class 044:

The wording “medical testing” is indefinite and must be clarified to specify the purpose. Applicant may indicate that the medical testing is for diagnostic or treatment purposes.

 

Additionally, applicant must indicate the purpose of the “patient counseling services.” For example, applicant may indicate that the counseling services are for medical, genetic, or health purposes. 

 

 

Applicant may adopt the following identification, if accurate. Please note that any wording in bold below offers guidance and/or shows the changes being proposed for the identification of goods and/or services. If there is wording in the applicant's version of the identification of goods and/or services which should be removed, it will be shown with a line through it such as this: strikethrough. When making its amendments, applicant should enter them in standard font, not in bold.

 

Class 01: No Change

 

Class 05: ASTRINGENTS FOR GYNECOLOGICAL USE; ASSISTED REPRODUCTION CULTURE MEDIA, NAMELY, FERTILIZATION, CLEAVAGE, AND BLASTOCYST DEVELOPMENT MEDIA, AND CRYOPRESERVATION MEDIA; AND ASSISTED REPRODUCTION ANDROLOGY MEDIA, NAMELY, SPERM WASHING MEDIA, SPERM FREEZING MEDIA, AND SPERM PREPARATION MEDIA; PHARMACEUTICAL PREPARATIONS, NAMELY, A DRUG DELIVERY SYSTEM COMPRISING COPPER AGENTS THAT FACILITATE THE DELIVERY OF PHARMACEUTICALS FOR USE IN CONTRACEPTION; VAGINAL JELLY FOR NORMALIZING PH LEVELS AND APPLICATOR SOLD AS A UNIT; APPLICATORS FOR VAGINAL JELLY FOR NORMALIZING PH LEVELS SOLD FILLED; DIAGNOSTIC BIOMARKER REAGENTS FOR MEDICAL PURPOSES; DIAGNOSTIC PREPARATIONS FOR MEDICAL PURPOSES; MEDIA AS DIAGNOSTIC PREPARATIONS FOR USE IN ASSISTED CONCEPTION, REPRODUCTIVE MEDICINE, EMBRYOLOGY AND ANDROLOGY; TISSUE CULTURE MEDIA FOR USE IN LABORATORY PROCEDURES AND MEDICAL TECHNOLOGIES in augmentation of bone and tissue for medical purposes; ASSISTED REPRODUCTION CULTURE MEDIA, NAMELY, FERTILIZATION, CLEAVAGE, AND BLASTOCYST DEVELOPMENT MEDIA, AND CRYOPRESERVATION MEDIA; ASSISTED REPRODUCTION ANDROLOGY MEDIA, NAMELY, SPERM WASHING MEDIA, SPERM FREEZING MEDIA, AND SPERM PREPARATION MEDIA EMBRYO TRANSFER MEDIA; CULTURE MEDIA FOR USE IN IN-VITRO FERTILIZATION PROCEDURES; PHARMACEUTICAL AND VETERINARY PREPARATIONS, NAMELY, CELL GROWTH MEDIA AND REAGENTS FOR MEDICINAL PURPOSES TO BE USED IN CONNECTION WITH THE EXTRACTION OF EGGS, ESPECIALLY IMMATURE EGGS, GROWTH, PURIFICATION AND FREEZING OF TISSUE AND CELLS, AND ARTIFICIAL INSEMINATION AND IVF (IN VITRO FERTILIZATION), ESPECIALLY IN VITRO MATURATION OF EGG CELLS; DIAGNOSTIC REAGENTS FOR MEDICAL AND CLINICAL USE, NAMELY, STAIN USED FOR DETERMINING THE MORPHOLOGY OF SPERM AND OTHER CELLS FOUND IN SEMEN SAMPLES FROM HUMANS AND ANIMALS; DISINFECTANTS; ASTRINGENTS, APPLICATOR SWABS AND ALCOHOL WIPES FOR GYNECOLOGICAL USE.

Class 09: no change

 

Class 10: INSUFFLATOR UNITS for medical purposes COMPRISED OF CO2 INSUFFLATOR UNIT, PATIENT TUBING, AND CO2 TANK HOSE AND YOKE; CARDIAC CRYOSURGICAL SYSTEMS COMPRISED OF CARDIAC CRYOSURGICAL device,UNIT, HOSE AND CARDIAC PROBES for use in performing ablative surgery; MEDICAL AND SURGICAL DIAGNOSTIC SYSTEMS COMPRISED OF A CAMERA and /LIGHT SOURCE APPARATUS, CO2 INSUFFULATOR, FORCEPS, AND DIAGNOSTIC SHEATHS; SURGICAL EXCISION PROCEDURE SYSTEMS COMPRISED OF MONOPOLAR ELECTROSURGICAL GENERATOR, HANDPIECE ADAPTER, FOOTSWITCH ASSEMBLY, PATIENT RETURN PAD AND ADAPTER, AND METAL CARTRIDGE SYRINGE; SURGICAL INSTRUMENTS, NAMELY, INSTRUMENTS FOR UTERINE RESECTIONS; PROBES FOR TRANSVAGINAL SURGERY featuring , FIBER LIGHT SOURCES, RETRACTABLE NEEDLES FOR USE DURING SURGICAL PROCEDURES; SURGICAL PREPARATORY KITS COMPRISED OF XYLOCAINE CARTRIDGES, DISPOSABLE NEEDLES; CATHETERS AND PARTS AND FITTINGS THEREFORE; NEEDLES FOR MEDICAL PURPOSES; dropping PIPETTES FOR MEDICAL PURPOSES; DIAPHRAGMS FOR CONTRACEPTION; ENDOCERVICAL ASPIRATORS; CANNULAS; DIAGNOSTIC APPARATUS FOR DETERMINING SPERM QUANTIFICATION, NAMELY, ENDOCERVICAL SAMPLER, SPERM WASH MEDIUM, SYRINGE, VIAL HOLDER, HEATER, AND INTRAUTERINE INSEMINATION CATHETER; medical instruments, namely, CERVICAL AND ENDOMETRIAL SAMPLERS; BIOPSY INSTRUMENTS; SPECULA; TENACULA; SURGICAL RETRACTORS; CERVICAL DILATORS AND SOUNDS; RECTAL DILATORS AND SOUNDS; VAGINAL DILATORS AND SOUNDS; UTERINE DILATORS; CURETTES; FORCEPS FOR MEDICAL USE; CERVICAL SCRAPERS; UTERINE MANIPULATORS; ELASTIC STAY HOOKS, NAMELY, SURGICAL SKIN HOOKS; Medical instruments in the nature of IMPLANT INSERTION DEVICES, NAMELY, APPLICATORS USED TO IMPLANT THE TUBAL LIGATION CLIP; Surgical instruments in the nature of a SURGICAL ISOLATION BUBBLE SYSTEM COMPRISED PRIMARILY OF A DOUBLE ISOLATION CHAMBER; DISPOSABLE SURGICAL SCISSOR TIPS; ANOSCOPES; COLPOSCOPES; SURGICAL RETRACTORS; LIP RETRACTORS; SURGICAL INSTRUMENTS, NAMELY, OS FINDERS AND FUNDUS FINDERS; PESSARIES; SUTURE PASSERS; SUTURE GUIDES; FETAL AND VASCULAR ULTRASOUND DIAGNOSTIC APPARATUS AND PARTS AND FITTINGS THEREFOR; MEDICAL ULTRASOUND APPARATUS AND PARTS AND FITTINGS THEREFOR; FETAL MONITOR KITS for monitoring fetal vital signs COMPRISED PRIMARILY OF FETAL MONITOR, ULTRASOUND TRANSDUCERS, TOCOLYSIS TRANSDUCER, EVENT MARKER, REUSABLE TRANSDUCER BELT, ULTRASOUND GEL, PRINTER PAPER, POWER CORD, ELECTRONIC MEDICAL RECORD MANAGEMENT SOFTWARE, ETHERNET CABLES AND RECHARGEABLE BATTERY; FETAL VACUUM EXTRACTOR pumps for medical purposes; OBTURATOR TIPS; TROCARS; CHEMICALLY ACTIVATED HEATING PADS FOR MEDICAL PURPOSES; ENDOCERVICAL AND ENDOMETRIAL TISSUE SAMPLING DEVICES for diagnostic purposes; MEDICAL INSTRUMENTS FOR USE IN PERFORMING BIOPSIES; CRYOSURGICAL APPARATUS FOR USE IN PERFORMING ABLATIVE SURGERY; CRYOSURGICAL INSTRUMENTS; CRYOSURGICAL PROBES; SURGICAL INSTRUMENTS IN THE NATURE OF CELL COLLECTORS; NASAL TUBES FOR MEDICAL USE PROMOTING OXYGEN THERAPY; medical IRRIGATION APPARATUS FOR WOUND CLEANSING; ENDOSCOPIC EQUIPMENT FOR MEDICAL PURPOSES, NAMELY,  ENDOSCOPIC PROCEDURE KIT CONTAINING SUTURE, PASSER, GRASPERS AND KNOT PUSHER; MEDICAL VACUUM SYSTEM COMPRISING VACUUM PUMPS, COLLECTION FEEDERS, VACUUM GAUGES, EXTRACTOR CUPS AND LIDS; MEDICAL APPARATUS PROVIDING FILTRATION FOR REMOVING EMISSIONS OF SMOKE, AIRBORNE PARTICLES, GASEOUS OR LIKE BY-PRODUCTS FROM THE SITE OF MEDICAL PROCEDURES; LAPAROSCOPIC AND ENDOSCOPIC INSTRUMENTS, NAMELY, SURGICAL IRRIGATION AND ASPIRATION VALVES, SURGICAL PROBES AND SURGICAL ELECTRODES; IN VITRO FERTILIZATION KIT FOR THE PREPARATION OF SPERM FOR ARTIFICIAL INSEMINATION CONSISTING PRIMARILY OF A CONTAINER SPECIALLY ADAPTED WITH A MEDIUM FOR THE RECOVERY OF HIGH QUALITY MOTILE SPERM FROM SEMEN, A HEATER FOR THE MEDIUM CONTAINING SPERM AND INSTRUMENTS FOR TRANSPORTING SELECTED SEMEN TO THE FEMALE REPRODUCTIVE TRACT; PAP SMEAR COLLECTION KITS COMPRISING MEDICAL BRUSHES AND SCRAPERS FOR COLLECTION, SPECIMEN SLIDES, HOLDERS AND FIXATIVE; MEDICAL INSTRUMENTS FOR USE IN DIAGNOSING AND TREATING FEMALE URINARY INCONTINENCE, NAMELY, URODYNAMIC EQUIPMENT, FIBEROPTIC CATHETERS, AND PESSARIES; FAMILY PLANNING PRODUCTS, NAMELY, DIAPHRAGMS FOR CONTRACEPTION, TUBAL LIGATION SYSTEMS FOR CONTRACEPTION COMPRISED PRIMARILY OF TUBAL LIGATION CLIPS AND APPLICATORS, FERTILITY ASSESSMENT TOOLS IN THE NATURE OF ENDOCERVICAL ASPIRATOR, FERTILITY CANNULA, INSEMINATION CUP, FERTILITY TAMPONS, INTRAUTERINE INSEMINATION CATHETERS, SPERM SELECTION SYSTEMS COMPRISED PRIMARILY OF ENDOCERVICAL SAMPLER, SPERM WASH MEDIUM, SYRINGE, VIAL HOLDER, HEATER, AND INTRAUTERINE INSEMINATION CATHETER; AND IN VITRO FERTILIZATION MEDIA AND DEVICES IN THE NATURE OF EMBRYO TRANSFER CATHETERS, INTRAUTERINE INSEMINATION CATHETERS, UTERINE INFUSION CATHETERS, SEQUENTIAL CULTURE MEDIUM, CRYOPRESERVATION MEDIUM, MICROMANIPULATION MEDIUM, AND ANDROLOGY MEDIUM; CERVICAL AND UTERINE DIAGNOSIS AND TREATMENT KITS COMPRISED PRIMARILY OF TRAY, BRUSH, SCRAPER, FIXATIVE, SLIDE AND SLIDE TRANSPORTER FOR USE WITH PAP SMEAR COLLECTION; SURGICAL INSTRUMENTS, NAMELY, ENDOMETRIAL SAMPLERS, ENDOMETRIAL ABLATION INSTRUMENTS, COLPOSCOPES, BIOPSY PUNCHES, AND ELECTROSURGICAL EXCISION DEVICES; LAPAROSCOPIC PORT SITE CLOSURE DEVICES; OBSTETRICAL SURGICAL INSTRUMENTS FOR MONITORING AND FOR ASSISTING DELIVERY; MEDICAL DEVICES FOR USE IN THE FIELD OF WOMEN'S HEALTH, NAMELY, MEDICAL APPARATUS FOR GYNECOLOGICAL PROCEDURES, NAMELY, HYSTEROSALPINGO CONTRAST SONOGRAPHY AND SALINE INFUSED SONOHYSTEROGRAPHY; KITS COMPRISING MEDICAL DEVICES FOR THE USE IN THE FIELD OF WOMEN'S HEALTH, NAMELY, CATHETERS AND MEDICAL APPARATUS FOR GYNECOLOGICAL PROCEDURES, NAMELY, HYSTEROSALPINGO CONTRAST SONOGRAPHY AND SALINE INFUSED SONOHYSTEROGRAPHY; SURGICAL APPARATUS FOR MOUNTING, POSITIONING AND HOLDING UTERINE MANIPULATORS DURING GYNECOLOGICAL LAPAROSCOPIC SURGICAL PROCEDURES; MEDICAL EQUIPMENT, NAMELY, VITRIFICATION CARRIERS for vitrification of ______ {specify, e.g., human blastocysts, human reproductive tissue, human sperm, human oocytes and human embryos used for in vitro fertilization or treatment of infertility and other disorders relating to fertility and human reproduction}; MEDICAL DEVICES, NAMELY, DEVICES USED IN THE CRYOPRESERVATION OF BIOLOGICAL SPECIMENS; MEDICAL EQUIPMENT, NAMELY, A VITRIFICATION KIT FOR EMBRYOS, BLASTOCYTES, OR OTHER BIOLOGICAL CELLS, COMPRISED OF VITRIFICATION DEVICES AND SYNTHETIC MEDIA, NAMELY, VITRIFICATION AND WARMING SOLUTIONS; MEDICAL EQUIPMENT, NAMELY, A VITRIFICATION DEVICE FOR EMBRYOS AND BLASTOCYTES; CRYOPRESERVATION DEVICE FOR BIOLOGICAL CELLS FOR USE FOR IN VITRO FERTILIZATION; MEDICAL DEVICE FOR USE FOR IN VITRO FERTILIZATION, namely, incubators; CATHETERS; BIOLOGICAL CELL SAMPLING NEEDLE for medical purposes; MEDICAL APPARATUS AND INSTRUMENTS USED FOR THE VITRIFICATION AND/OR CRYOPRESERVATION OF BIOLOGICAL CELLS; MEDICAL APPARATUS FOR VITRIFICATION, CRYOPRESERVATION, AND CRYOSTORAGE OF CELLS, NAMELY, VESSELS AND CANES FOR THE COLLECTION, VITRIFICATION, CRYOSTORAGE, AND WARMING OF CELLS; MEDICAL INSTRUMENTS FOR USE IN THE MANIPULATION AND TRANSFER OF CELLS DURING ASSISTED REPRODUCTION TECHNOLOGY MEDICAL PROCEDURES; ELECTRODES FOR MEDICAL USE, NAMELY, ELECTRODES FOR SURGICAL USE PERFORMING BIOPSIES; MEDICAL INSTRUMENTS FOR USE IN PERFORMING BIOPSIES; MEDICAL DEVICES, NAMELY, INTRAUTERINE DEVICE CONSISTING OF COPPER SLEEVES THREADED ON A LENGTH OF SUTURE MATERIAL USED FOR CONTRACEPTION AND REPLACEMENT PARTS THEREFOR; MEDICAL INSTRUMENTS FOR USE IN THE FIELD OF OBSTETRICS AND GYNECOLOGY, NAMELY, A SLEEVE THAT INCORPORATES A COLPOTOMY CUP AND PNEUMO OCCLUSION BALLOON FOR LAPAROSCOPIC HYSTERECTOMY; SURGICAL INSTRUMENTS, NAMELY, RETRACTOR RING AND ELASTIC STAY HOOKS; DILATION DEVICES COMPRISED OF PENILE PROSTHETICS COMPRISED OF EXPANDERS, INSERTERS, AND DILATORS; ELECTROSURGICAL GENERATOR; MEDICAL ULTRASOUND TRANSDUCERS; UTERINE CONTRACTION SENSOR; ELECTRODES FOR MEDICAL USE; MEDICAL TUBING FOR SMOKE EVACUATION DURING ELECTROSURGICAL PROCEDURES; FETAL PULSE MONITORS; MEDICAL DOPPLER ULTRASOUND APPARATUS; BLOOD PRESSURE MEDICAL MEASURING AND MONITORING APPARATUS; MEDICAL APPARATUS, NAMELY, FETAL AND MATERNAL VITAL SIGN AND PHYSICAL DISTRESS MONITORS; MEDICAL INSTRUMENT, NAMELY, CERVICAL OS FINDER for locating and opening the cervical OS; surgical and medical instrument, namely, UTERINE DEPTH MEASURING TOOL; SURGICAL FORCEPS; SPECULUM; TENACULUM FORCEPS for medical use; PATIENT RETURN GROUNDING PAD, NAMELY, PATIENT MOVING DEVICE IN THE NATURE OF A LOW FRICTION PAD FOR SLIDING PATIENTS TO OR FROM A STRETCHER AND BED; medical instrument, namely, REMOTE EVENT MARKER for monitoring fetal activity; SURGICAL AND MEDICAL DEVICES, NAMELY, CRYOSURGICAL SYSTEMS CONSISTING OF PULSE-DEFROSTING, TWO-TRIGGER CRYOSURGICAL GUNS USED TO FREEZE TISSUE USING INTERCHANGEABLE TIP CONFIGURATIONS; STRAIGHT-FLOW AND REVERSE-FLOW PENCIL-TYPE CRYO-FREEZERS; medical and surgical instruments, namely, A SERIES OF CRYOSURGICAL FREEZER TIPS consisting of INCLUDING A HUMAN PAPILLOMA VIRUS SET for detecting human papilloma virus; SELF-CONTAINED, HAND-HELD LIQUID NITROGEN DISPENSERS FOR CRYOSURGERY; medical instruments, namely, FULL-SPECTRUM CERVICAL CELL COLLECTORS; medical instruments, namely, UTERINE cell collectors; medical instruments, namely, /ENDOMETRIAL CELL COLLECTORS; OBSTETRIC AND GYNECOLOGICAL BIOPSY INSTRUMENTS; LATERAL WALL RETRACTORS; SURGICAL RETRACTORS; medical apparatus in the nature of CONSOLES COMPRISED OF FREEZERS, AND/OR DIGITAL TEMPERATURE readers AND TIMER MODULES FOR MEDICAL USE IN VARIOUS DISCIPLINES, INCLUDING, namely, OBSTETRICS AND GYNECOLOGY, AND DERMATOLOGY; FIXED-FOCUS AND ZOOM-FOCUS STEREOSCOPIC MICROSCOPES INCLUDINGfeaturing OPTICAL POWER AND VIDEO FEATURES FOR SURGICAL OPERATIONS; HAND-SWITCHING AND FOOT-SWITCHING ELECTROSURGICAL PENCILS; LABORATORY EQUIPMENT FOR CLINICAL MEDICAL USE, NAMELY, A cell CULTURE SYSTEM CONSISTING PRIMARILY OF A PUMP AND CARTRIDGE FOR HOLDING EMBRYOS AND CULTURING MEDIA WHICH SUPPORTS THE GROWTH OF EMBRYOS FOR IN-VITRO FERTILIZATION PROCEDURES

 

Class 42: GENETIC TESTING FOR SCIENTIFIC research PURPOSES; MEDICAL RESEARCH; SCIENTIFIC RESEARCH AND DEVELOPMENT in the field of reproduction and genetics; DNA ANALYSIS SERVICES TO DETERMINE PATERNITY; LABORATORY RESEARCH IN THE FIELD OF GENETIC REPRODUCTION; scientific RESEARCH AND DEVELOPMENT IN THE FIELD OF REPRODUCTION AND GENETICS

Class 044: MEDICAL LABORATORY SERVICES, NAMELY, MEDICAL TESTING for diagnostic or treatment purposes AND PATIENT genetic COUNSELING SERVICES REGARDING HUMAN REPRODUCTION; MEDICAL LABORATORY SERVICES IN THE FIELD OF REPRODUCTION AND GENETICS; MEDICAL LABORATORY SERVICES FOR SCIENTIFIC PURPOSES; GENETIC TESTING AND SCREENING FOR MEDICAL PURPOSES AND PATIENT COUNSELING; MEDICAL TESTING FOR DIAGNOSTIC OR TREATMENT PURPOSES IN THE FIELD OF BLASTOCOELE BIOPSY; MEDICAL TESTING FOR DIAGNOSTIC OR TREATMENT PURPOSES IN THE FIELD OF ENDOMETRIAL RECEPTIVITY FOR EMBRYO TRANSFER; DNA SCREENING FOR MEDICAL PURPOSES; MEDICAL TESTING FOR DIAGNOSTIC OR TREATMENT PURPOSES IN THE FIELD OF EMBRYO MITOCHONDRIAL DNA; MEDICAL LABORATORY SERVICES, NAMELY, MEDICAL TESTING for diagnostic or treatment purposes AND PATIENT genetic COUNSELING SERVICES REGARDING HUMAN REPRODUCTION

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).

 

 

For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual.  See TMEP §1402.04.

 

 

TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE:  Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application.  See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820.  TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services.  37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04.  However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.  

 

 

 

/Cassondra Anderson/

Examining Attorney

Law Office 103

(571) 272-5595

Cassondra.Anderson@uspto.gov

 

TO RESPOND TO THIS LETTER:  Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.  Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application.  For technical assistance with online forms, e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned trademark examining attorney.  E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

 

All informal e-mail communications relevant to this application will be placed in the official application record.

 

WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants).  If an applicant is represented by an attorney, the attorney must sign the response. 

 

PERIODICALLY CHECK THE STATUS OF THE APPLICATION:  To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/.  Please keep a copy of the TSDR status screen.  If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 1/11/2019 FOR U.S. APPLICATION SERIAL NO. 88153619

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 1/11/2019 (or sooner if specified in the Office action).  A response transmitted through the Trademark Electronic Application System (TEAS) must be received before midnight Eastern Time of the last day of the response period.  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the TEAS response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.