Examiners Amendment

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  May 07, 2020

 

Application has been amended as shown below.  As agreed to by Jennifer Theis on April 16, 2020, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

 

IDENTIFICATION OF GOODS AND SERVICES

 

The identification of goods and services is amended to read as follows: 

 

Class 1:           Chemical reagents, other than for medical or veterinary use; chemical preparations, for scientific purposes, other than for medical or veterinary use; Biochemicals for scientific or research use, namely, reagents for testing biological samples; biochemical reagents for non-medical use; enzymes for scientific and research use; Testing reagents and preparations, namely, biological sample testing reagents used for non-medical purposes; Reagents for genetic test, namely, gene mutation tests comprised of reagents for non-medical use; diluents for diluting samples or reagents for scientific or laboratory purposes, other than for medical or veterinary use; Buffer solutions used for testing of biological samples other than for medical or veterinary use; Surfactants for pretreatment of samples for genetic testing; chemical reference materials for scientific or research use; Quality control materials, namely, fluids, frozen or lyophilized materials for testing and calibrating scientific or laboratory apparatus; Emulsifying agents used for preparing emulsion for genetic testing for non-medical purposes; chemical products for forming emulsion; chemical products for breaking emulsion; magnetic beads for use in scientific or research analysis for nucleic acid isolation and/or purification; DNA polymerase for scientific research purposes; Chemical preparations containing DNA fragments for scientific purposes; Chemical reagents for cell analysis tests for non-medical use; Chemical reagents for protein analysis tests for non-medical use; Detergents for laboratory use; Detergents for apparatus and instruments used in laboratories

 

Class 3:           Detergents for cleaning apparatus and instruments for genetic testing; Chemical cleaning solutions for genetic testing; cleaning preparations; Cleaning solutions for apparatus and instruments for genetic testing; cleaning preparations for apparatus and instruments

 

Class 5:           Diagnostic reagents and diagnostic preparations for medical or veterinary use; Chemical reagents for medical or veterinary use; chemical preparations for medical or veterinary purposes, namely, for testing of biological samples; Biochemical reagents for medical use, namely, diagnostic reagents for medicinal use; enzymes for use in medical analysis; Testing reagents and preparations for medical or veterinary use, namely, medical diagnostic reagents and assays for testing of body fluids including blood and/or tissues; reagents for genetic testing for medical or veterinary purposes; preparations for detecting mutations in genes for medical or veterinary purposes; diagnostic biomarker reagents for medical or veterinary use; Diluents for medical or veterinary use, namely, for diluting samples or reagents used in genetic testing; Quality control materials, namely, fluids, frozen or lyophilized materials for testing and calibrating genetic testing analyzers for medical or veterinary use; Quality control standard solutions and materials for testing and calibrating medical or veterinary apparatus, namely, artificial DNA or synthetic nucleic acid; detergents for medical or veterinary use; Cleaning solutions for medical or veterinary use, namely, for cleaning medical apparatus and instruments; Cleaning preparations for medical or veterinary use, namely, for cleaning medical apparatus and instruments; Medical diagnostic solutions, namely, sheath solutions for use in medical analysis; magnetic beads for use in medical analysis for nucleic acid isolation and/or purification; DNA polymerase for use in medical analysis; Chemical preparations containing DNA fragments for use in medical analysis for genetic testing; Chemical reagents for cell analysis tests for medical or clinical use; Chemical reagents for protein analysis tests for medical or clinical use

 

Class 9:           Testing apparatus and instruments for scientific, research or laboratory use, namely, instruments for genetic analysis; Laboratory apparatus and instruments, namely, instruments for genetic analysis; Measuring or testing machines and instruments for use in genetic testing; laboratory apparatus and furniture for use in genetic testing; Flow cytometers providing cell and particle analysis, detection, or counting for scientific and laboratory use; particle analyzers for scientific, research or laboratory use; genetic analyzer for scientific, research or laboratory use; particle counters, namely, flow cytometers and image analyzers for scientific, research or laboratory use; Genetic testing apparatus and instruments for scientific, research or laboratory use, namely, computer software for scientific analysis of genetic sequences, and devices for detecting gene mutation; Gene amplification analyzers for scientific, research or laboratory use, namely, for genetic analysis; DNA sequencer for scientific, research or laboratory use, namely, devices and/or computer software reading DNA base sequencing; biological sample pretreatment apparatus and instruments for scientific, research or laboratory use; measurement sample preparation apparatus and instruments for scientific, research or laboratory use; pretreatment apparatus and instruments for genetic testing for scientific, research or laboratory use; Testing instruments for genetic testing, namely, thermal cyclers and/or flow cytometers for scientific, research or laboratory use; laboratory instruments for extracting nucleic acid in a biological sample for scientific, research or laboratory use; microplates for laboratory experiment; test tubes for scientific, research or laboratory use; pipette tips for scientific, research or laboratory use; Computers; Downloadable computer programs for use in the field of scientific and laboratory analysis; Downloadable computer program for use in the field of medical, clinical or diagnostic analysis; Electronic downloadable publications in the nature of magazines and manuals in the field of genetic testing; Downloadable computer programs for genetic, cell and protein analysis; Cell analysis apparatus and instruments for scientific, research or laboratory use, namely, flow cytometers, flow-based analyzers and image analyzers; Protein analysis apparatus and instruments for scientific, research or laboratory use, namely, flow cytometers, flow-based analyzers and image analyzers

 

Class 10:         Medical and veterinary apparatus and instruments for use in sample analysis procedures; Testing apparatus and instruments for medical or clinical use for diagnostic use, namely, apparatus for medical diagnostic testing in the fields of genetic testing; diagnostic apparatus and instruments for medical or clinical use for diagnosing gene mutation; Flow cytometers for diagnostic medical or clinical use; flow-based particle analyzers providing cell and particle analysis, detection, or counting for medical or clinical use; particle counters, namely, flow cytometers or flow-based analyzers, for medical or clinical use; genetic testing apparatus and instruments for medical or clinical diagnostic use, namely, apparatus for medical diagnostic testing in the field of gene analysis; gene amplification analyzers for detecting gene mutation for medical or clinical use; DNA sequencer for medical or clinical use, namely, for gene analysis; biological sample pretreatment apparatus and instruments for medical or clinical use; measurement sample preparation apparatus and instruments for medical or clinical use; pretreatment apparatus and instruments for genetic testing for medical or clinical use, namely, body fluids including blood and/or tissue pretreatment apparatus and instruments for medical use; Dropping pipettes for medical purposes; measuring apparatus and instruments for use in medical analysis for detecting gene mutation; medical containers especially adapted and designed for use with samples for in vitro diagnosis sold empty; medical sampling bottles especially designed for use in medical analysis, namely, for collecting and/or preserving biological samples; medical devices, namely, disposable beakers especially designed for use in medical analysis, namely, blood or tissue analysis, not for laboratory use; cell analysis apparatus and instruments for medical or clinical use, namely, flow cytometers, flow-based analyzers; protein analysis apparatus and instruments for medical or clinical use, namely, flow cytometers, flow-based analyzers

 

Class 42:         Scientific and technological research in the fields of genetic testing and oncology; scientific research, scientific analysis, and design relating thereto in the field of genetic testing and oncology; design and development of diagnostic products and service; diagnostic and analytical testing services for others, namely, performing genetic testing and diagnostic testing in the field of oncology; clinical trial services; testing services to detect or quantify gene mutations, gene variations, gene amplification, gene loss and gene fusion for scientific and research purposes; molecular biomarker testing services for scientific and research purposes; DNA sequencing services for scientific and research purposes; scientific and technological research to assist in the design, development and management of in-vitro diagnostic tests for scientific and research purposes; testing services for research in gene analysis; testing services to assist in treatment decision-making in diseases for scientific and research purposes; testing services for companion diagnostics for scientific and research purposes; testing and research relating to cell analysis for scientific purposes; Testing and research relating to protein analysis for scientific purposes; clinical laboratory testing services and reporting of results for scientific and research purposes; providing online non-downloadable computer programs for use in the field of scientific and laboratory analysis; providing online non-downloadable computer program for use in the field of medical, clinical or diagnostic analysis; providing online non-downloadable computer programs for genetic, cell and protein analysis

 

Class 44:         Providing medical information; medical diagnostic testing and reporting services pertaining to the monitoring, diagnosis and treatment of disease; medical diagnostic services to assist in the design, development and management of in-vitro diagnostic tests; providing medical data/information to healthcare professionals; testing services to provide information regarding disease conditions and disease prevention for medical purposes; diagnostic services, namely, medical diagnostic testing for diseases and disorders

 

See TMEP §§1402.01, 1402.01(e).

 

 

/Katherine M. Eissenstat/

Trademark Examining Attorney

Law Office 127

Tel: (571) 272-5886

Email: Katherine.Eissenstat@uspto.gov

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on May 07, 2020 for

U.S. Trademark Application Serial No. 88281102

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

/Katherine M. Eissenstat/

Trademark Examining Attorney

Law Office 127

Tel: (571) 272-5886

Email: Katherine.Eissenstat@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”