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)

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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. 88398517 IBUMP(Standard Characters, see http://uspto.report/TM/88398517/mark.png) has been amended as follows:

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

Applicant amends the identification of goods herein. The amended description differentiates applicant's goods over those of the cited registration and concomitantly points to a class of customers not likely to purchase or use the registrant's goods. Applicant's ultimate customers and the channels of trade of applicant's goods are not likely to overlap those of registrant's goods. Accordingly, the is no real likelihood of confusion between applicant's mark and that of the cited registration. Specifically, applicant's customers, and the end users of applicant's goods, will be women seeking to conceive a child and pregnant women. These individuals are not prone to buying and installing electrodes for medical equipment. Applicant's goods have no electrodes or contacts for attaching electrodes. Applicant's customers and end users will have no occasion to need electrodes in their attending to fertility and pregnancy indicators.  Applicant's goods are likely to be sold in drug stores and baby paraphernalia retail outlets, whereas the registrant's electrodes would not be sold in such channels of trade but rather in medical hardware stores and via hospital wholesale suppliers.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for medical apparatus; medical apparatus, particularly to monitor fertility and pregnancy; medical apparatus, particularly pregnancy testing devices
Original Filing Basis:
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: medical apparatus; Medical apparatus in the nature of electrode-less capsules for monitoring fertility and pregnancy insertable vaginally for electronically and optically monitoring physiological parameters related to fertility and stages or conditions of pregnancy; medical apparatus, particularly to monitor fertility and pregnancy; medical apparatus, particularly pregnancy testing devicesClass 010 for Medical apparatus in the nature of electrode-less capsules for monitoring fertility and pregnancy insertable vaginally for electronically and optically monitoring physiological parameters related to fertility and stages or conditions of pregnancy
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.

The applicant's current attorney information: R. Neil Sudol. R. Neil Sudol of COSUD INTELLECTUAL PROPERTY SOLUTIONS, P.C., is located at

      714 COLORADO AVENUE
      BRIDGEPORT, Connecticut 06605-1601
      US
The docket/reference number is F29-023.

The phone number is 203-366-3560.

The fax number is 203-335-6779/6899.

The email address is rnsudol@cssiplaw.com

The applicants proposed attorney information: R. Neil Sudol. R. Neil Sudol of COSUD INTELLECTUAL PROPERTY SOLUTIONS, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      714 COLORADO AVENUE
      BRIDGEPORT, Connecticut 06605-1601
      United States
The docket/reference number is F29-023.

The phone number is 203-366-3560.

The fax number is 203-335-6779/6899.

The email address is rnsudol@cssiplaw.com

R. Neil Sudol submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: R. NEIL SUDOL. R. NEIL SUDOL of COSUD INTELLECTUAL PROPERTY SOLUTIONS, P.C., is located at

      714 COLORADO AVENUE
      BRIDGEPORT, Connecticut 06605-1601
      US
The docket/reference number is F29-023.

The phone number is 203-366-3560.

The fax number is 203-335-6779/6899.

The email address is rnsudol@cssiplaw.com; moconnell@cssiplaw.com; rnspatent@netzero.net; cosud@erols.com

The applicants proposed correspondence information: R. Neil Sudol. R. Neil Sudol of COSUD INTELLECTUAL PROPERTY SOLUTIONS, P.C., is located at

      714 COLORADO AVENUE
      BRIDGEPORT, Connecticut 06605-1601
      United States
The docket/reference number is F29-023.

The phone number is 203-366-3560.

The fax number is 203-335-6779/6899.

The email address is rnsudol@cssiplaw.com; moconnell@cssiplaw.com; rnspatent@netzero.net

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
IBUMP appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


Miscellaneous Statement
The mark is a coined term where "BUMP" is taken from the idiomatic expression "baby bump". Applicant provides answers to the Examining Attorney's queries as follows: Are any of applicant's goods electronic? -- Applicant's contemplated goods include electronic sensing and signaling components housed in an electrode-less capsule. The outer surface of the capsule will have no electrodes and no contacts for electrodes. See US Patent No. 10,349,820, attached, as evidence of applicant's contemplated goods. Are any of applicant's goods Internet-enabled? -- No. Applicant's electronics will communicate wirelessly with a cellular phone or other personal electronic digital device carried by the end user, to alert the user as to measurements of fertility and pregnancy related parameters including embryonic heart rate, uterine contractions, pH. Are any of applicant's goods capable of connecting to the Internet, or interacting with persons or devices via the internet? -- Applicant's goods cannot interact with the internet, but only with a nearby cellular phone or other personal electronic digital device. Can any of applicant's goods be used, controlled, or monitored via the Internet? -- No. Only the immediate user will have access to the data produced by the capsule. That access will be through a dedicated wireless link.

Original PDF file:
mis-68197117139-20191230162024743140_._S67-002_-_USP_10_349_820.pdf
Converted PDF file(s) ( 32 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5
Miscellaneous File6
Miscellaneous File7
Miscellaneous File8
Miscellaneous File9
Miscellaneous File10
Miscellaneous File11
Miscellaneous File12
Miscellaneous File13
Miscellaneous File14
Miscellaneous File15
Miscellaneous File16
Miscellaneous File17
Miscellaneous File18
Miscellaneous File19
Miscellaneous File20
Miscellaneous File21
Miscellaneous File22
Miscellaneous File23
Miscellaneous File24
Miscellaneous File25
Miscellaneous File26
Miscellaneous File27
Miscellaneous File28
Miscellaneous File29
Miscellaneous File30
Miscellaneous File31
Miscellaneous File32

SIGNATURE(S)
Response Signature
Signature: /R. Neil Sudol/     Date: 12/30/2019
Signatory's Name: R. Neil Sudol
Signatory's Position: Attorney for applicant, member NY State bar

Signatory's Phone Number: 203-366-3560

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:    R. NEIL SUDOL
   COSUD INTELLECTUAL PROPERTY SOLUTIONS, P.C.
   
   714 COLORADO AVENUE
   BRIDGEPORT, Connecticut 06605-1601
Mailing Address:    R. Neil Sudol
   COSUD INTELLECTUAL PROPERTY SOLUTIONS, P.C.
   714 COLORADO AVENUE
   BRIDGEPORT, Connecticut 06605-1601
        
Serial Number: 88398517
Internet Transmission Date: Mon Dec 30 16:49:56 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201912301649566
85368-88398517-70017f133ea3fda55caba309f
b86b1a528c384e934fa575346e5a6aa3897d0c2b
5-N/A-N/A-20191230162024743140