Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 5/6/2019

 

 

DATABASE SEARCH:  The trademark examining attorney has searched the USPTO’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).

 

APPLICATION HAS BEEN AMENDED:  In accordance with the authorization granted by Clay A. Tillack, applicant’s attorney, on May 6, 2019, the trademark examining attorney has amended the application as indicated below.  Please advise the undersigned immediately of any objections.  Otherwise, no response is necessary.  TMEP §707.  Any amendments to the identification of goods and services may clarify or limit the goods and services, but may not add to or broaden the scope of the goods and services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

 

IDENTIFICATION OF GOODS AND SERVICES AMENDED

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

 

Class 9: “Computer hardware for healthcare facilities; downloadable computer software for healthcare facilities for use in the communication of information related to patients, staff, and equipment; downloadable computer software for healthcare facilities for use in collecting and displaying critical path patient related information on a real-time basis; downloadable computer software for use in healthcare facilities to collect, collate, store, analyze, display and distribute patient and patient bed data by means of a healthcare facility computer network; downloadable computer software for use in healthcare facilities to monitor and display patient status and location; downloadable computer software to monitor healthcare facility patient and patient bed data and issue alerts based thereon; downloadable computer software for healthcare facilities for the management and monitoring of patient health data; downloadable computer software for healthcare facilities for the communication and exchange of information among healthcare providers; downloadable computer software for healthcare facilities for the collection, editing, organizing, modifying, book marking, transmission, storage and sharing of data and information; data collection systems consisting of computer hardware and downloadable software for the collection of data for healthcare facilities; healthcare facility communication and location systems consisting of patient position and patient physical condition sensors and data input devices for computers; patient bed operational status and patient bed location sensors and data input devices for computers, and downloadable computer software to monitor patient and patient bed data and issue alerts based thereon; headwall electricity and gas distribution units primarily comprising electrical outlets, gas outlets, and telecommunications outlets for use in supplying medical gases and electricity to patient rooms in healthcare facilities; replacement parts specially adapted for all of the foregoing goods; Electrical and electronic remote controls for operating tables including sending and receiving apparatus, manual switching apparatus and control panels; Electrical apparatus and instruments, namely, computer monitors, computer monitoring networks comprising computer hardware and downloadable software for monitoring and analyzing vital signs, hardwired and wireless communication systems comprising electrical wires, access ports, transceivers, antennas, modems and computer hardware, and replacement parts therefor; optical fiber bundles and power transformers for amplification for use in the surgical and medical field”

 

Class 10: “Therapeutic pressure reduction patient support mattresses and therapeutic pressure reduction patient support mattress overlays for medical purposes; fluidized patient support apparatus in the nature of a therapeutic support mattress containing medical grade microspheres; medical stretchers; Medical apparatus, namely, patient positioning, manipulating and lifting apparatus to assist physically disabled individuals in transferring from one position to another; medical stirrup systems comprised of stirrup pads, stirrup straps, stirrup boots, stirrup adjustment sockets, and stirrup adjustment clamps; intravenous poles for medical use; Medical apparatus, namely, fixed, articulated and telescoping arms for supporting and positioning medical equipment, and to supply medical gas, electricity and provide communication hook ups; medical accessory racks specially fitted and adapted for holding medical accessories; medical examination lamps; head supporting cradles and head supporting pads for use in medical procedures in connection with medical beds; body extremity suspension, traction and support systems consisting of traction apparatus for medical use and supports for general medical use; commodes for medical patients and disabled persons for medical use; mobility aids, namely, invalid walkers; Medical apparatus, namely, airway clearance system comprised of vest, air-pulse generator, tubing and hand and foot pedal; medical products, namely, surgical beds, medical beds, and therapeutic beds; hospital beds for use by burn patients; mattresses, mattress overlays, and motorized patient transport mechanism, for transporting patients, all sold as a component of medical beds; replacement parts specially adapted for all of the foregoing goods; Durable medical equipment, namely, medical stirrup systems comprised of stirrup pads, stirrup straps, stirrup boots, stirrup adjustment sockets, and stirrup adjustment clamps; patient safety arm restraints; patient safety arm restraint pads; shoulder supports for medical use; shoulder support pads for medical use; mobile medical accessory racks; wall-mounted medical accessory racks; medical table adapters in the nature of supports for general medical use; arm, hand, and minor procedures surgery tables and legs and tops therefor; debridement kits comprised of medical drain trays, cut out pads, and supports for general medical use; finger and wrist traction accessories, namely, traction bars for medical use; finger traps for medical use; finger distraction hangers for medical use; upper extremity suspension systems comprised of upright supports, traction bars, universal bases, and adjustment handles, all for for medical use; shoulder supports for medical use; leg support systems comprised of supports, rods, straps, pads, and clamps, all for medical use; pads for knee holders, elbow holders, and wrist holders, all for use during surgery; operating room pads specifically adapted for operating tables, gurneys, and stools; donut head pads for medical use; arm support systems comprised of arm tables, supports, rods, straps, pads, and clamps, all for medical use; lateral patient positioners and positioning pads, namely, medical devices used in surgery to position patient’s limbs; universal medical accessory clamps for surgical instruments; leg preparation stands, pads, and straps, all for surgical use; anesthesia screens and mounting bases, for use with surgical tables; transparent medical patient drapes; operating room table restraint straps; operating table armboard restraint straps; operating table extensions; I.V. and irrigation towers for medical use; Surgical, medical, dental and veterinary apparatus and instruments, namely, blades, scalpel handles, and scalpels; pre-operative surgical marking pen; endoscopic kittner for medical purposes; medical equipment, namely, vessel loops; surgical clamp covers; suture booties; sterile tonsil snares for medical use; fluid collection basin for cath lab for medical purposes; medical instrument tip protectors; medical instrument tray corner protectors; surgical needles; wound drainage bulbs, evacuators and fluid collection containers, all for medical use; wound drains, nasal and catheter tube holders, all for medical use; wound closure devices, namely, sutures; surgical blades, scalpels, and surgical blade disarmers; needle nest for medical purposes; medical needle counter; medical syringe and scalpel handling system comprised of medical syringe and scalpel transfer tray; medical fluid absorption mats; medical cord cover specifically adapted for medical treatment; surgical skin markers; disposable light handles for medical lights; disposable light handle covers for medical lights; disposable covers for medical cameras; knives for use in medical procedures; cautery tip cleaners for assisting in the cleaning and removing of material from cautery tips during surgical procedures; pin covers for medical use; medical apparatus in the nature of sterile safety pins; Surgical, medical, and veterinary apparatus, devices and instruments, namely, ceiling service units specially adapted for mounting medical apparatus, for feeding electricity to medical apparatus and for supplying signals, liquids, and gases to and from medical apparatus; cameras especially made for medical purposes for broadcasting extracorporeal details of operations; patient transport systems comprised of patient stretchers and lifts for transporting patients to, and from, and for lifting patients onto and from, operating tables; invalid lifts, stretchers for patient transport; special furniture for medical purposes, namely, medical device and instrument tables, hand and arm positioning tables; medical operating tables; parts for medical operating tables, and accessories for medical operating tables, namely, leg-holding traction devices, carbon fiber elements, namely, table tops and table top parts for operating room tables for intraoperative X-ray diagnosis; head, pelvis, leg and knee supports for medical use; lamps for medical purposes, in particular for operating theatres; patient transferring apparatus, namely, stretchers; trolleys for medical purposes, namely, medical instrument and apparatus trolleys; lifting and transport devices for medical operating tables and operating table support; Special furniture for medical use, namely, leg support extenders for attachment to furniture; mobile and stationary invalid lifts and patient stretchers, all adapted for medical purposes; walking supports for disabled, namely, crutches, supporting canes, walking frames, all for medical purposes; Surgical and medical instruments and apparatus, namely, thermometers; Patient monitoring units, namely, vital signs monitors, central monitoring stations comprising computer monitors and downloadable computer software for monitoring vital signs, and remote monitoring apparatus for blood oxygen saturation (SPO2), capnography and electrocardiographs (ECGS); eye examination and diagnostic devices, namely, ophthalmoscopes for vision screening and glaucoma detection; ear diagnostic and therapeutic devices, namely, ear irrigation systems comprising irrigation syringes sold empty and pressure and temperature irrigation control apparatus for irrigating ears for medical use; light sources, namely, light boxes for surgical and medical instruments and medical examination lamps, and cases, structural parts, and fittings therefor”

 

Class 16: {no changes}

 

Class 20: {no changes}

 

Class 27: {no changes}

 

Class 35: “Business management of healthcare facilities; business management for others, namely, healthcare providers; data processing services; business research services, namely, providing analysis of patient and caregiver data relative to specific facility locations for business purposes; inventory management in the field of medical equipment; direct retail services, namely, retail on-line ordering services also accessible by mail order and telephone and retail services by direct sales agent solicitation, all in the field of medical equipment and medical supplies; retail and wholesale store services featuring medical equipment and medical supplies”

 

Class 37: “Maintenance and repair of healthcare furnishings and equipment, repair of medical equipment, remanufacturing services in the nature of refurbishing medical equipment; technical support services, namely, providing installation, maintenance and repair advice in the fields of healthcare furnishings, healthcare equipment and medical equipment; cleaning and disinfecting medical and healthcare equipment and healthcare furnishings; Consulting services in the field of medical practice management for others, namely, installation of medical equipment hardware and information systems computer hardware within an operating room or medical facility”

 

Class 41: “Educational services, namely, healthcare classes, healthcare seminars and healthcare workshops”

 

Class 42: “Healthcare facility design services; design and installation of healthcare computer network information systems not including computer hardware; consulting services related to the design and implementation of healthcare computer network information systems not including computer hardware; technical support services for healthcare computer network information systems in the nature of monitoring of and troubleshooting problems with healthcare computer information systems not including computer hardware; Consulting services in the field of medical practice management for others, namely, integrating computer information systems not including computer hardware within an operating room or medical facility”

 

Class 44: “Consulting services in the field of healthcare, namely, consulting services in the field of medical care; medical services, namely, consultation services related to patient management, treatment and monitoring; medical equipment rental services; Consulting services in the field of medical practice management for others, namely, integrating medical equipment within an operating room or medical facility”

 

See TMEP §§1402.01, 1402.01(e).

 

DISCLAIMER WITHDRAWN

Applicant has authorized the withdrawal of applicant’s disclaimer of “CARE”.  The disclaimer is hereby deleted from the application.  See 15 U.S.C. §1056(a); TMEP §1213.01(c). 

 

 

/Douglas A. Mondell/

Douglas A. Mondell, Esq.

Trademark Examining Attorney

Law Office 127

(571) 272-0120

douglas.mondell@uspto.gov

 

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 Trademark Electronic Application System (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 5/6/2019 FOR U.S. APPLICATION SERIAL NO.88289738

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.gov.uspto.report/, 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)  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

 

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.