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. 88269511 OCSM(Standard Characters, see http://uspto.report/TM/88269511/mark.png) has been amended as follows:

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

The Office refuses registration, contending that aspects of the identification remain indefinite and/or were not supported by the original identification. Applicant respectfully disagrees, but has amended the relevant phase to read “measuring, detecting, and monitoring instruments, namely . . . vibrating alarms for providing audible visible, and haptic notifications to the occupant.” The Office Action asserts that prior wording “vibration motors” was beyond the scope of the original identification because motors are not “measuring, detecting and monitoring instruments, indicators and controllers.” Applicant respectfully disagrees. A “vibration motor . . . for providing haptic notifications” is a tactile indicator. However, Applicant has amended the term “vibration motor” to the more specific and limiting term “vibrating alarms” (which alarms typically include an eccentric motor to create the vibration). Applicant respectfully submits that the TMID Manual includes at least one approved description in class 9 reciting a vibrating alarm, namely Term ID 009-2005 for “Vibrating alarm incorporated into plastic medication cases sold empty as a reminder to take medication.”

The Office also refuses registration of the phrases “signal receivers” and “signal transmitters” without clarification of the types of signal. Applicant has modified the same to read “electronic signal transmitters” and “electronic signal transmitters” and respectfully submits these terms should be considered acceptable, at least by analogy to Term ID 009-2509.

In view of the foregoing amendments, Applicant respectfully submits that the application is now in condition for publication, and respectfully requests the same

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Information technology and audio-visual, multimedia and photographic devices, namely cameras, data processors, computer hardware, electronic display screens, audio speakers, and vibration motors; Measuring, detecting and monitoring instruments, indicators and controllers, namely cameras and data processors for determining characteristics of a vehicle occupant, electronic controllers for controlling deployment of occupant protection systems, and electronic display screens, audio speakers, or vibration motors for providing audible, visible, and haptic notifications to the occupant; Sensors, detectors, and sensor controllers for the determination of positions and distances; Optical devices, enhancers and correctors, namely, optical sensors, optical filters, optical data links, optical receivers, optical transmitters, optical transceivers; Recorded and downloadable computer software for image processing; Recorded and downloadable computer software for sensing characteristics of a vehicle occupant, controlling deployment of occupant protection systems based upon occupant characteristics, and providing audible, visible, and haptic notifications to the occupant; Safety, security, protection and signaling devices, namely an image capture, display, and processing system comprised of integrated circuits, sensors, namely electronic proximity sensors and switches, position and weight sensors, radar apparatus, and apparatus for recording, transmission, processing and reproduction of images or data for capturing an image of an occupant of a vehicle, central processing units programmed with software for processing information, data, or images for determining characteristics of the occupant based upon the captured image, electronic controllers for controlling deployment of occupant protection systems based upon occupant characteristics, and electronic display interfaces, electronic display screens, sound alarm units, and vibrating alarm units for providing audible, visible, and haptic notifications to the occupant based upon occupant position and posture; Signalling devices, namely signal receivers, signal transmitters, and signal processors; All the aforesaid goods being for use in the automobile industry
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.


Proposed:

Tracked Text Description: Information technology and audio-visual, multimedia and photographic devices, namely cameras, data processors, computer hardware, electronic display screens, audio speakers, and vibration motors; Information technology and audio-visual, multimedia and photographic devices, namely cameras, data processors, computer hardware, electronic display screens, and audio speakers; Measuring, detecting and monitoring instruments, indicators and controllers, namely cameras and data processors for determining characteristics of a vehicle occupant, electronic controllers for controlling deployment of occupant protection systems, and electronic display screens, audio speakers, or vibration motors for providing audible, visible, and haptic notifications to the occupant; Measuring, detecting and monitoring instruments, indicators and controllers, namely cameras and data processors for determining characteristics of a vehicle occupant, electronic controllers for controlling deployment of occupant protection systems, and electronic display screens, audio speakers, and vibrating alarms for providing audible, visible, and haptic notifications to the occupant; Sensors, detectors, and sensor controllers for the determination of positions and distances; Optical devices, enhancers and correctors, namely, optical sensors, optical filters, optical data links, optical receivers, optical transmitters, optical transceivers; Recorded and downloadable computer software for image processing; Recorded and downloadable computer software for sensing characteristics of a vehicle occupant, controlling deployment of occupant protection systems based upon occupant characteristics, and providing audible, visible, and haptic notifications to the occupant; Safety, security, protection and signaling devices, namely an image capture, display, and processing system comprised of integrated circuits, sensors, namely electronic proximity sensors and switches, position and weight sensors, radar apparatus, and apparatus for recording, transmission, processing and reproduction of images or data for capturing an image of an occupant of a vehicle, central processing units programmed with software for processing information, data, or images for determining characteristics of the occupant based upon the captured image, electronic controllers for controlling deployment of occupant protection systems based upon occupant characteristics, and electronic display interfaces, electronic display screens, sound alarm units, and vibrating alarm units for providing audible, visible, and haptic notifications to the occupant based upon occupant position and posture; Signalling devices, namely signal receivers, signal transmitters, and signal processors; Signalling devices, namely electronic signal receivers, electronic signal transmitters, and signal processors; All the aforesaid goods being for use in the automobile industryClass 009 for Information technology and audio-visual, multimedia and photographic devices, namely cameras, data processors, computer hardware, electronic display screens, and audio speakers; Measuring, detecting and monitoring instruments, indicators and controllers, namely cameras and data processors for determining characteristics of a vehicle occupant, electronic controllers for controlling deployment of occupant protection systems, and electronic display screens, audio speakers, and vibrating alarms for providing audible, visible, and haptic notifications to the occupant; Sensors, detectors, and sensor controllers for the determination of positions and distances; Optical devices, enhancers and correctors, namely, optical sensors, optical filters, optical data links, optical receivers, optical transmitters, optical transceivers; Recorded and downloadable computer software for image processing; Recorded and downloadable computer software for sensing characteristics of a vehicle occupant, controlling deployment of occupant protection systems based upon occupant characteristics, and providing audible, visible, and haptic notifications to the occupant; Safety, security, protection and signaling devices, namely an image capture, display, and processing system comprised of integrated circuits, sensors, namely electronic proximity sensors and switches, position and weight sensors, radar apparatus, and apparatus for recording, transmission, processing and reproduction of images or data for capturing an image of an occupant of a vehicle, central processing units programmed with software for processing information, data, or images for determining characteristics of the occupant based upon the captured image, electronic controllers for controlling deployment of occupant protection systems based upon occupant characteristics, and electronic display interfaces, electronic display screens, sound alarm units, and vibrating alarm units for providing audible, visible, and haptic notifications to the occupant based upon occupant position and posture; Signalling devices, namely electronic signal receivers, electronic signal transmitters, and signal processors; All the aforesaid goods being for use in the automobile industry
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following:

Current:
Class 042 for Design, development and programming of computer software; Software as a service (SAAS) services featuring software for processing information, data, or images for activating and controlling vehicle safety systems; Providing on-line non-downloadable software for image processing; Providing on-line non-downloadable software for sensing characteristics of a vehicle occupant, controlling deployment of occupant protection systems based upon the occupant characteristics, and providing audible, visible, and haptic notifications to the occupant based upon occupant characteristics; All the aforesaid services for use in the automotive industry
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.


Proposed:
Class 042 for Design, development and programming of computer software; Software as a service (SAAS) services featuring software for processing information, data, or images for activating and controlling vehicle safety systems; Providing on-line non-downloadable software for image processing; Providing on-line non-downloadable software for sensing characteristics of a vehicle occupant, controlling deployment of occupant protection systems based upon the occupant characteristics, and providing audible, visible, and haptic notifications to the occupant based upon occupant characteristics; All the aforesaid services for use in the automotive industry
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Continental Automotive GmbH a(n) gesellschaft mit beschränkter haftung (gmbh), legally organized under the laws of Germany, having an address of
      Vahrenwalder Straße 9
      Hannover, 30165
      Germany

Proposed: Continental Automotive GmbH, gesellschaft mit beschränkter haftung (gmbh) legally organized under the laws of Germany, having an address of
      Vahrenwalder Straße 9
      Hannover, 30165
      Germany
      Email Address: XXXX
Correspondence Information (current):
      John W. McGlynn
      PRIMARY EMAIL FOR CORRESPONDENCE: tmde@ratnerprestia.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is CTAM-230US.
Correspondence Information (proposed):
      John W. McGlynn
      PRIMARY EMAIL FOR CORRESPONDENCE: tmde@ratnerprestia.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is CTAM-230US.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /RexADonnelly/     Date: 06/11/2020
Signatory's Name: Rex A Donnelly
Signatory's Position: Attorney of record, Delaware Bar member

Signatory's Phone Number: 3027782500

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    John W. McGlynn
   RatnerPrestia
   Suite 350
   2200 Renaissance Boulevard
   King of Prussia, Pennsylvania 19406
Mailing Address:    John W. McGlynn
   RatnerPrestia
   Suite 350
   2200 Renaissance Boulevard
   King of Prussia, Pennsylvania 19406
        
Serial Number: 88269511
Internet Transmission Date: Fri Jun 12 10:00:58 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200612100058
279986-88269511-710b91c55a834ae42941334b
c39299e6350ca20589d1d536bbc88a67e96a95e3
a-N/A-N/A-20200610173342206392