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 |
88300860 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 107 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/88300860/mark.png |
| LITERAL ELEMENT |
PRINTED SPACER TECHNOLOGY |
| 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. |
| ARGUMENT(S) |
|
Applicant submits herewith an amendment to the identification of goods, and remarks responsive to the Office’s request for additional information. Applicant submitted this day an amendment to
allege use, including specimens showing the mark in use.
Regarding the identification of goods.
The Office suggested amended identification of goods. Applicant notes that the suggested goods in class 1 recite "waterproofing membranes", which is opposite to the membranes used in reverse
osmosis systems since such membranes must allow passage of water. Accordingly, Applicant has not adopted the suggested description in class 1.
The Office’s suggested identification in IC11 is close, but potentially confusing to those in the industry since it indicates that the goods are a “filter”. This could lead to confusion with industry
understanding of the terms. A reverse osmosis system uses “RO elements”, which are also sometimes called “filters”. Each such element or filter is generally made by winding in a spiral a stack of
sheets, comprising selectively permeable membranes, feed spacers, and permeate spacers. The membrane in in such a stack can also be called a “filter”, but that is potentially confusing with the use
of “filter” for the entire element.
The owner of the mark publishes on the web (http://aquamembranes.com/reduce-cost/, a screenshot of which is attached as evidence with this filing) an illustration showing how RO elements are
typically constructed. The example shows both conventional elements and elements using the company’s technology. The products include the membrane (a semipermeable sheet upon which the company
deposits features that help provide space between sheets in the stack) and elements that include such membranes (the specimens submitted with the allegation of use show such elements, since the
membranes are not separately visible once rolled into the element). The amended description of goods follows the office’s suggestion in class 11, except that is separately specifies “membranes” and
“elements” instead of the office’s suggested term “in the nature of filters” that can be understood as including one or both of such terms.
To the Office's specific questions for more information:
Are the spacers printed directly on the membranes? Applicant deposits spacing features directly on the membranes. Applicant's technology allows such features to be deposited by deposition of
polymer in a process similar to 3D printers, and by other means such as pick and place machines common in manufacturing.
Do the membranes feature spacers? This an unfortunate overload of the term "feature". The membranes comprise a flat, semipermable sheet such as is common in RO systems. Applicant's technology
places the spacing features onto that flat sheet, forming a "membrane having integrated spacing features." The resulting membrane can then be rolled, with other required sheets and spacers, into a
reverse osmosis element.
|
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_174283816-20190514191101931774_._web-tech-page.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\883\008\88300860\xml5\ROA0002.JPG |
| DESCRIPTION OF EVIDENCE FILE |
a screenshot of Applicant's web page providing more information about the goods as requested by the Office |
| GOODS AND/OR SERVICES SECTION (class deleted) |
| GOODS AND/OR SERVICES SECTION (class added) Original Class (009) |
| INTERNATIONAL CLASS |
011 |
| DESCRIPTION |
| Membranes for use in reverse osmosis elements, where such membranes include integrated separation features, and reverse elements
including such membranes, sll for use in water treatment devices and systems for sale to makers of reverse osmosis water treatment devices and systems. |
| FILING BASIS |
Section 1(b) |
| ADDITIONAL STATEMENTS SECTION |
| SUPPLEMENTAL REGISTER |
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to
'Supplemental Register'). NOTE: The applicant has separately filed an Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in
commerce. |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/VGeraldGrafe#42599/ |
| SIGNATORY'S NAME |
V Gerald Grafe |
| SIGNATORY'S POSITION |
attorney of record, New Mexico bar member |
| SIGNATORY'S PHONE NUMBER |
800 630 0969 |
| DATE SIGNED |
05/14/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Tue May 14 19:29:51 EDT 2019 |
| TEAS STAMP |
USPTO/ROA-XXX.XX.XX.XX-20
190514192951151579-883008
60-62019ff2e2722691472fc9
fafed89b3688e2b92ae69244c
69f6d21a39d1f09b-N/A-N/A-
20190514191101931774 |
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.
88300860 PRINTED SPACER TECHNOLOGY(Standard Characters, see http://uspto.report/TM/88300860/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant submits herewith an amendment to the identification of goods, and remarks responsive to the Office’s request for additional information. Applicant submitted this day an amendment to
allege use, including specimens showing the mark in use.
Regarding the identification of goods.
The Office suggested amended identification of goods. Applicant notes that the suggested goods in class 1 recite "waterproofing membranes", which is opposite to the membranes used in reverse
osmosis systems since such membranes must allow passage of water. Accordingly, Applicant has not adopted the suggested description in class 1.
The Office’s suggested identification in IC11 is close, but potentially confusing to those in the industry since it indicates that the goods are a “filter”. This could lead to confusion with industry
understanding of the terms. A reverse osmosis system uses “RO elements”, which are also sometimes called “filters”. Each such element or filter is generally made by winding in a spiral a stack of
sheets, comprising selectively permeable membranes, feed spacers, and permeate spacers. The membrane in in such a stack can also be called a “filter”, but that is potentially confusing with the use
of “filter” for the entire element.
The owner of the mark publishes on the web (http://aquamembranes.com/reduce-cost/, a screenshot of which is attached as evidence with this filing) an illustration showing how RO elements are
typically constructed. The example shows both conventional elements and elements using the company’s technology. The products include the membrane (a semipermeable sheet upon which the company
deposits features that help provide space between sheets in the stack) and elements that include such membranes (the specimens submitted with the allegation of use show such elements, since the
membranes are not separately visible once rolled into the element). The amended description of goods follows the office’s suggestion in class 11, except that is separately specifies “membranes” and
“elements” instead of the office’s suggested term “in the nature of filters” that can be understood as including one or both of such terms.
To the Office's specific questions for more information:
Are the spacers printed directly on the membranes? Applicant deposits spacing features directly on the membranes. Applicant's technology allows such features to be deposited by deposition of
polymer in a process similar to 3D printers, and by other means such as pick and place machines common in manufacturing.
Do the membranes feature spacers? This an unfortunate overload of the term "feature". The membranes comprise a flat, semipermable sheet such as is common in RO systems. Applicant's technology
places the spacing features onto that flat sheet, forming a "membrane having integrated spacing features." The resulting membrane can then be rolled, with other required sheets and spacers, into a
reverse osmosis element.
EVIDENCE
Evidence in the nature of a screenshot of Applicant's web page providing more information about the goods as requested by the Office has been attached.
Original PDF file:
evi_174283816-20190514191101931774_._web-tech-page.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 009 for membranes having integrated separation features for sale to makers of reverse osmosis water treatment devices and systems
Applicant hereby adds the following class of goods/services to the application:
New: Class 011 (Original Class: 009 ) for Membranes for use in reverse osmosis elements, where such membranes include integrated separation features, and reverse elements including such
membranes, sll for use in water treatment devices and systems for sale to makers of reverse osmosis water treatment devices and systems.
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.
ADDITIONAL STATEMENTS
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register'). NOTE: The applicant has separately filed an
Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in commerce.
SIGNATURE(S)
Response Signature
Signature: /VGeraldGrafe#42599/ Date: 05/14/2019
Signatory's Name: V Gerald Grafe
Signatory's Position: attorney of record, New Mexico bar member
Signatory's Phone Number: 800 630 0969
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: 88300860
Internet Transmission Date: Tue May 14 19:29:51 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20190514192951151
579-88300860-62019ff2e2722691472fc9fafed
89b3688e2b92ae69244c69f6d21a39d1f09b-N/A
-N/A-20190514191101931774
