Notation to File

DAWNLIGHT

DawnLight Technologies Inc.

Re: Application for DAWNLIGHT Serial No. 88461001   Thanks Annie for the quick response.    Best, Grace From: Burdecki, Anna <Anna.Burdecki@USPTO.GOV> Sent: Monday, March 23, 2020 2:05 PM To: Grace Pitcock Cc: Kim Van-Dinh; David R. Stevens Subject: RE: Application for DAWNLIGHT Serial No. 88461001   Can do, thanks!   I’ll get the EA out now and get this one moving to publication.   - Annie   From: Grace Pitcock <grace.pitcock@stevenslawgroup.com> Sent: Monday, March 23, 2020 1:50 PM To: Burdecki, Anna <Anna.Burdecki@USPTO.GOV> Cc: Kim Van-Dinh <Kim.VanDinh@stevenslawgroup.com>; David R. Stevens <dave.stevens@stevenslawgroup.com> Subject: Re: Application for DAWNLIGHT Serial No. 88461001   Annie-  Based on your feedback, we would like to request the Examiner's Amendment for Class 37 as follows:   Class 37:  Providing a website featuring information in the field of building construction for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies; Providing a website featuring information in the field of maintenance and repair of  machinery, vehicles, laboratory apparatus and instruments, construction machines and apparatus, for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances; Providing a website featuring information in the field of building construction for use in building supervision, construction site supervision, compliance tracking; Technical support services in the nature of providing installation of theft prevention devices   If you could confirm that this is fine, the client has already approved this.   Best, Grace From: Burdecki, Anna <Anna.Burdecki@USPTO.GOV> Sent: Monday, March 23, 2020 12:54 PM To: Grace Pitcock Cc: Kim Van-Dinh; David R. Stevens Subject: RE: Application for DAWNLIGHT Serial No. 88461001   It’s working now . . . I just tried to call you but got your voicemail.  Just give me a call when you get a second.    The bottom line is that you cannot have software goods or services in Class 37.  Regardless, you’ve already incorporated the software goods and services into Classes 9 and 42.    So, that leaves “providing a website” services at issue.  The services of “providing a website” are classified by the subject matter of the services being provided.  In this case, “for use in building and construction sight supervision . . .,”   For example:   “Providing a website featuring information in the field of building construction for use in building and construction site supervision . . .” would be in Class 37.   “Providing a website featuring non-downloadable software for use in building and construction site supervision . . . “ would be in Class 42.  (You already have these non-downloadable software services in Class 42.   “Providing a website featuring information in the field of surveillance for use in building and construction site supervision . . .” would be in Class 45.   If acceptable to you, you can amend Class 37 to read as follows: Providing a website featuring information in the field of building construction for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies; Providing a website featuring information in the field of maintenance and repair of {indicate specific goods} for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances; Providing a website featuring information in the field of building construction for use in building supervision, construction site supervision, compliance tracking; Technical support services in the nature of providing installation of theft prevention devices     From: Grace Pitcock <grace.pitcock@stevenslawgroup.com> Sent: Monday, March 23, 2020 12:28 PM To: Burdecki, Anna <Anna.Burdecki@USPTO.GOV> Cc: Kim Van-Dinh <Kim.VanDinh@stevenslawgroup.com>; David R. Stevens <dave.stevens@stevenslawgroup.com> Subject: Re: Application for DAWNLIGHT Serial No. 88461001   Hi Annie-   I tried calling and didn't get through.  In case you are able to call, my number is 646-734-7236.     The issue is that we are wanting to maintain the Class 37 building/construction/maintenance and repair services from the original application in addition to software services.  As I understand that "providing a website language" is acceptable in Class 37, for example, Reg. No.6010855, therefore we would like to keep this language "providing a website for" (each of these services).  In each instance, we can also replace "for" with "in the field of" if this is more appropriate.   Providing a website, software platform, recorded software and downloadable software for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies; Providing a website, software platform, recorded software and downloadable software for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances; Providing a website, software platform, recorded software and downloadable software for use in building supervision, construction site supervision, compliance tracking; Technical support services in the nature of providing installation of theft prevention devices   Happy to discuss if you have a moment.  ​ Best, Grace   From: Grace Pitcock Sent: Monday, March 23, 2020 12:14 PM To: Burdecki, Anna Cc: Kim Van-Dinh; David R. Stevens Subject: Re: Application for DAWNLIGHT Serial No. 88461001   ​Thanks. I will give you a ring now. From: Burdecki, Anna <Anna.Burdecki@USPTO.GOV> Sent: Monday, March 23, 2020 12:00 PM To: Grace Pitcock Cc: Kim Van-Dinh; David R. Stevens Subject: RE: Application for DAWNLIGHT Serial No. 88461001   Sure – try giving me a call . . . our systems are a little overwhelmed at the moment, but I think it’s working.   From: Grace Pitcock <grace.pitcock@stevenslawgroup.com> Sent: Monday, March 23, 2020 11:56 AM To: Burdecki, Anna <Anna.Burdecki@USPTO.GOV> Cc: Kim Van-Dinh <Kim.VanDinh@stevenslawgroup.com>; David R. Stevens <dave.stevens@stevenslawgroup.com> Subject: Re: Application for DAWNLIGHT Serial No. 88461001   ​Hi Annie-  Can we talk by phone briefly about this?  Are you reachable at the USPTO number listed on the Office Action?   Best, Grace From: Burdecki, Anna <Anna.Burdecki@USPTO.GOV> Sent: Saturday, March 21, 2020 2:15 PM To: Grace Pitcock Cc: Kim Van-Dinh; David R. Stevens Subject: RE: Application for DAWNLIGHT Serial No. 88461001   So, first of all, the services (both as they currently read in the ID and in your proposed amendments below) are misclassified in Class 37.    Downloadable and recorded software are Class 9 goods; SAAS/PAAS and non-downloadable software services are Class 42 services; website services are classified based on the subject matter of the services being provided.    Secondly, your proposed amendments are out of the scope of the ID because “site supervision, monitoring, and tracking” and “monitoring, maintenance and repair” services are not types of “website, software platform, recorded software and downloadable software” services, regardless of the classification.   All of the entries in the ID (other than these specific entries at issue, which are still indefinite and misclassified) are definite and cannot be amended at this point, other than to narrow the goods and services from the language in the amended ID.    Further, it appears that all of the specific entries at issue are already incorporated into the correct classes in the current ID, for example:   Class 9:  Electronic sensors and downloadable and recorded computer software for use in analyzing, tracking and reporting image, text, object, optical character, motion, sound, voice, gesture, body motion, body orientation and other data for use in healthcare, home monitoring, patient monitoring, medical, veterinary, repair, vehicle, home, building and construction site supervision, monitoring, safety and security services; Providing a downloadable computer software platform for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies, for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances, and for use in building supervision, construction site supervision, compliance tracking; Recorded software and downloadable software for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies, for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances, and for use in building supervision, construction site supervision, compliance tracking   Class 42:  Development of and providing software as a service (SAAS) services featuring software for use in monitoring, analyzing, tracking and alert notification of image, text, object, optical character, motion, sound, voice, gesture, body motion, body orientation, anomalous events and other data in connection with the provision of healthcare, home monitoring, patient monitoring, medical, veterinary, repair, vehicle, home, building and construction site supervision, monitoring, safety and security services; Development of and providing platform as a service (PAAS) services featuring software platforms for use in monitoring, analyzing, tracking and alert notification of image, text, object, optical character, motion, sound, voice, gesture, body motion, body orientation, anomalous events and other data in connection with the provision of healthcare, home monitoring, patient monitoring, medical, veterinary, repair, vehicle, home, building and construction site supervision, monitoring, safety and security services; Platform as a service (PAAS) services featuring computer software platforms for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies, for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances, and for use in building supervision, construction site supervision, compliance tracking; Providing a website featuring temporary use of non-downloadable software for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies, for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances, and for use in building supervision, construction site supervision, compliance tracking   So, in other words, by deleting the misclassified language at issue in Class 37, you’re not deleting those goods and services from the overall ID because the language at issue was already clarified and properly classified elsewhere in the ID.   If you’d like me to delete the language via EA, I’m happy to do so.  However, I can only keep this one in my docket until the end of the day Monday before needing to issue a final refusal. - Annie   From: Grace Pitcock <grace.pitcock@stevenslawgroup.com> Sent: Friday, March 20, 2020 7:12 PM To: Burdecki, Anna <Anna.Burdecki@USPTO.GOV> Cc: Kim Van-Dinh <Kim.VanDinh@stevenslawgroup.com>; David R. Stevens <dave.stevens@stevenslawgroup.com> Subject: Re: Application for DAWNLIGHT Serial No. 88461001   Annie-   Can you clarify why we cannot keep the original/amended language in Class 37?:   "Providing a website, software platform, recorded software and downloadable software for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies; Providing a website, software platform, recorded software and downloadable software for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances; Providing a website, software platform, recorded software and downloadable software for use in building supervision, construction site supervision, compliance tracking;"   For example, Reg. No.6010855 includes in Class 37:   "providing computer on-line searchable databases in the field of building and construction; updating of information related to building and construction; rental of digitized materials and databases in the field of building and construction; providing on-line websites and databases in the field of building and construction"   Best, Grace   From: Burdecki, Anna <Anna.Burdecki@USPTO.GOV> Sent: Friday, March 20, 2020 5:10 PM To: Grace Pitcock Cc: Kim Van-Dinh; David R. Stevens Subject: RE: Application for DAWNLIGHT Serial No. 88461001   Hi again,   Those would services (other than the technical support services in the nature of providing installation of theft preventions devices) would all be out of the scope of both the original application and the amended ID, so those amendments would not be allowed.    - Annie   From: Grace Pitcock <grace.pitcock@stevenslawgroup.com> Sent: Friday, March 20, 2020 4:05 PM To: Burdecki, Anna <Anna.Burdecki@USPTO.GOV> Cc: Kim Van-Dinh <Kim.VanDinh@stevenslawgroup.com>; Tram Nguyen <Tram.Nguyen@stevenslawgroup.com>; David R. Stevens <dave.stevens@stevenslawgroup.com> Subject: Re: Application for DAWNLIGHT Serial No. 88461001   Hi Annie-   Hi Annie-  Would it be possible to amend the deleted language as follows?:  Building and construction site supervision, monitoring and compliance tracking services; Monitoring, maintenance and repair services for machinery, vehicles, equipment, instruments and appliances; and Technical support services in the nature of providing installation of theft prevention devices If acceptable, I will still need to get sign off from the client, but don't think this should be a problem.   Thank you! Grace From: Burdecki, Anna <Anna.Burdecki@USPTO.GOV> Sent: Friday, March 20, 2020 2:05 PM To: Grace Pitcock Cc: Kim Van-Dinh; Tram Nguyen; David R. Stevens Subject: RE: Application for DAWNLIGHT Serial No. 88461001   Hi Grace, I’ve received the response and everything looks good, with the exception of Class 37.  I believe it was intended to read as follows (as the misclassified goods and services that still show up in the Class 37 ID have been properly classified and incorporated into the rest of the ID) . . .   Class 37:  Providing a website, software platform, recorded software and downloadable software for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies; Providing a website, software platform, recorded software and downloadable software for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances; Providing a website, software platform, recorded software and downloadable software for use in building supervision, construction site supervision, compliance tracking; Technical support services in the nature of providing installation of theft prevention devices   With your permission, I’m happy to amend the Class 37 services to read as above and get this one moving to publication.   Sincerely,   Annie   From: Burdecki, Anna Sent: Friday, February 14, 2020 3:48 PM To: Grace Pitcock <grace.pitcock@stevenslawgroup.com> Cc: Kim Van-Dinh <Kim.VanDinh@stevenslawgroup.com>; Tram Nguyen <Tram.Nguyen@stevenslawgroup.com>; David R. Stevens <dave.stevens@stevenslawgroup.com> Subject: RE: Application for DAWNLIGHT Serial No. 88461001   Thanks!  These would work, if correct:   Protection devices for personal use against accidents, namely, fall prevention, risk assessment, detection, notification and exit alarm devices being electronic sensors   Medical apparatus for use in continuous monitoring, tracking, analyzing and reporting vital signs and patient motion data in the nature of heart rate, activity levels, sleep quality and respiratory activity   Since it’s such a long ID, I’ll need review the entire ID once a response is filed rather than trying to finalize amendments and giving approval on the front end.  Once the response is filed, though, I’ll review the entire thing and we can work on any necessary further amendments at that point.    - Annie   From: Grace Pitcock <grace.pitcock@stevenslawgroup.com> Sent: Friday, February 14, 2020 1:47 PM To: Burdecki, Anna <Anna.Burdecki@USPTO.GOV> Cc: Kim Van-Dinh <Kim.VanDinh@stevenslawgroup.com>; Tram Nguyen <Tram.Nguyen@stevenslawgroup.com>; David R. Stevens <dave.stevens@stevenslawgroup.com> Subject: Re: Application for DAWNLIGHT Serial No. 88461001   Hi Annie-     Sorry you are not feeling well.  I have been a bit under the weather as well.  Thanks for providing this feedback.     In Class 9, we are fine with deleting "systems" from:  “for use in remote video monitoring, control, automation and notification” from each of the following:    Computer software platforms, recorded and downloadable, for use in remote video monitoring, control, automation and notification systems; Mobile software applications, downloadable, for use in remote video monitoring, control, automation and notification systems; Computer software applications, downloadable, for use in remote video monitoring, control, automation and notification systems; Computer programs, recorded, for use in remote video monitoring, control, automation and notification systems; Computer software, recorded, for use in remote video monitoring, control, automation and notification systems;    ... Computer software for medical purposes, recorded, namely, medical software for use in remote video monitoring, control, automation and notification systems;      For "protection devices for personal use against accidents", these are electronic sensor devices, can we add "notification" and "electronic sensor" to describe these devices, specifically:  "Protection devices for personal use against accidents, namely, fall prevention, risk assessment, detection, notification and exit alarm electronic sensor devices"   Would the following work for Class 10:  Medical apparatus for use in continuous monitoring, treating and diagnosing { indicate specific condition} which tracking, analyzing and reporting vital signs and motion data namely including  heart rate, activity levels, sleep quality and respiratory activity In Class 41: Thanks for the clarification on the educational information services and are fine with your first proposal: Education services, namely, providing educational information in the academic fields of science, technology, healthcare, artificial intelligence, artificial intelligence (AI) based monitoring, data collection, data analysis and data management for the purpose of academic study Please let me know if these work and whether there are any other changes.  Once you've confirmed, I will then need to confirm the final version with the client. Hope you feel better soon!   Best, Grace From: Burdecki, Anna <Anna.Burdecki@USPTO.GOV> Sent: Friday, February 14, 2020 1:21 PM To: Grace Pitcock Cc: Kim Van-Dinh; Tram Nguyen; David R. Stevens Subject: RE: Application for DAWNLIGHT Serial No. 88461001   Hi Grace, I apologize – I’ve been out sick the past few days.   As far as the software entries, each entry must specify the function of the software.  So, for example, software “for use in remote video monitoring, control, automation and notification systems” lacks a specific function.  However, something like software “for use in remote video monitoring, control, automation, and notification” (without the wording systems) provides the specific functions of remote video monitoring, remote video control, remote video automation, and remote video notification.  Or, something like “for use in operating remote video monitoring, control, automation and notification systems” would work, since it specifies “operation” as the function of the software.   As far as the “protection devices for personal use against accidents,” the actual common name of the devices will need to be specified.  For example, fall prevention devices could include anything from “nets for protection against accidents” or “shoes for protection against accidents.”   As far as the “medical apparatus for use in continuous monitoring . . . vital signs and motion data including heart rate, etc.,” this will need to be specified to make clear what is actually being monitored/tracked/analyzed/reported, not just what could be monitored/tracked/analyzed/reported.    As far as the educational information, as all “information” could be “educational,” the two ID manual notes below are helpful.  Basically, you can either “provide educational information” in specific fields (and classify the services based on the subject matter) or you can “provide educational information in academic field for the purpose of academic study (in which the educational services are classified in Class 41 no matter the subject matter).    041-1365 041 Providing educational information in the academic field of {specify, e.g., science, mathematics, etc.} for the purpose of academic study A 02/24/2011 SERVICES   09-2007 000-50 000 Providing educational information in the field of {indicate subject matter of information} [subject matter of information determines classification] A 02/10/2011 SERVICES 06-27-2019 - Educational information services are classified according to the service-related subject matter of the information. All information can be characterized as instructional or educational. Thus, describing information as “instructional” or “educational” is not sufficient to justify classification in Class 41. less   09-2007

NOTE TO THE FILE


SERIAL NUMBER:            88461001

DATE:                                03/23/2020

NAME:                               aburdecki

NOTE:         

Searched:                                                             
     Google                            
     Lexis/Nexis                       
     OneLook
     Wikipedia
     Acronym Finder                         Protest evidence reviewed
     Other:

Checked:                                                             
     Geographic significance          
     Surname                          
     Translation
     ID with ID/CLASS mailbox

     Checked list of approved Canadian attorneys and agents

Discussed file with
Attorney/Applicant via:
    X   phone                               Left message with
    X   email                               Attorney/Applicant

     Requested Law Library search       X   Issued Examiner’s Amendment
     for:                                   and entered changes in TRADEUPS

        PRINT        DO NOT PRINT           Added design code in TRADEUPS
     Description of the mark
     Translation statement                  Re-imaged standard character
                                            drawing
     Negative translation statement             
     Consent of living individual           Contacted TM MADRID ID/CLASS
                                            about misclassified definite ID
     Changed TRADEUPS to:

     OTHER:

From: Grace Pitcock <grace.pitcock@stevenslawgroup.com>
Sent: Monday, March 23, 2020 2:13 PM
To: Burdecki, Anna <Anna.Burdecki@USPTO.GOV>
Cc: Kim Van-Dinh <Kim.VanDinh@stevenslawgroup.com>; David R. Stevens <dave.stevens@stevenslawgroup.com>
Subject: Re: Application for DAWNLIGHT Serial No. 88461001

 

Thanks Annie for the quick response. 

 

Best,

Grace


From: Burdecki, Anna <Anna.Burdecki@USPTO.GOV>
Sent: Monday, March 23, 2020 2:05 PM
To: Grace Pitcock
Cc: Kim Van-Dinh; David R. Stevens
Subject: RE: Application for DAWNLIGHT Serial No. 88461001

 

Can do, thanks!

 

I’ll get the EA out now and get this one moving to publication.

 

- Annie

 

From: Grace Pitcock <grace.pitcock@stevenslawgroup.com>
Sent: Monday, March 23, 2020 1:50 PM
To: Burdecki, Anna <
Anna.Burdecki@USPTO.GOV>
Cc: Kim Van-Dinh <
Kim.VanDinh@stevenslawgroup.com>; David R. Stevens <dave.stevens@stevenslawgroup.com>
Subject: Re: Application for DAWNLIGHT Serial No. 88461001

 

Annie-  Based on your feedback, we would like to request the Examiner's Amendment for Class 37 as follows:

 

Class 37:  Providing a website featuring information in the field of building construction for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies; Providing a website featuring information in the field of maintenance and repair of  machinery, vehicles, laboratory apparatus and instruments, construction machines and apparatus, for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances; Providing a website featuring information in the field of building construction for use in building supervision, construction site supervision, compliance tracking; Technical support services in the nature of providing installation of theft prevention devices

 

If you could confirm that this is fine, the client has already approved this.

 

Best,
Grace


From: Burdecki, Anna <Anna.Burdecki@USPTO.GOV>
Sent: Monday, March 23, 2020 12:54 PM
To: Grace Pitcock
Cc: Kim Van-Dinh; David R. Stevens
Subject: RE: Application for DAWNLIGHT Serial No. 88461001

 

It’s working now . . . I just tried to call you but got your voicemail.  Just give me a call when you get a second. 

 

The bottom line is that you cannot have software goods or services in Class 37.  Regardless, you’ve already incorporated the software goods and services into Classes 9 and 42. 

 

So, that leaves “providing a website” services at issue.  The services of “providing a website” are classified by the subject matter of the services being provided.  In this case, “for use in building and construction sight supervision . . .,”

 

For example:

 

“Providing a website featuring information in the field of building construction for use in building and construction site supervision . . .” would be in Class 37.

 

“Providing a website featuring non-downloadable software for use in building and construction site supervision . . . “ would be in Class 42.  (You already have these non-downloadable software services in Class 42.

 

“Providing a website featuring information in the field of surveillance for use in building and construction site supervision . . .” would be in Class 45.

 

If acceptable to you, you can amend Class 37 to read as follows:


Providing a website featuring information in the field of building construction for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies; Providing a website featuring information in the field of maintenance and repair of {indicate specific goods} for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances; Providing a website featuring information in the field of building construction for use in building supervision, construction site supervision, compliance tracking; Technical support services in the nature of providing installation of theft prevention devices

 

 

From: Grace Pitcock <grace.pitcock@stevenslawgroup.com>
Sent: Monday, March 23, 2020 12:28 PM
To: Burdecki, Anna <
Anna.Burdecki@USPTO.GOV>
Cc: Kim Van-Dinh <
Kim.VanDinh@stevenslawgroup.com>; David R. Stevens <dave.stevens@stevenslawgroup.com>
Subject: Re: Application for DAWNLIGHT Serial No. 88461001

 

Hi Annie-

 

I tried calling and didn't get through.  In case you are able to call, my number is 646-734-7236.  

 

The issue is that we are wanting to maintain the Class 37 building/construction/maintenance and repair services from the original application in addition to software services.  As I understand that "providing a website language" is acceptable in Class 37, for example, Reg. No.6010855, therefore we would like to keep this language "providing a website for" (each of these services).  In each instance, we can also replace "for" with "in the field of" if this is more appropriate.

 

Providing a website, software platform, recorded software and downloadable software for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies; Providing a website, software platform, recorded software and downloadable software for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances; Providing a website, software platform, recorded software and downloadable software for use in building supervision, construction site supervision, compliance tracking; Technical support services in the nature of providing installation of theft prevention devices

 

Happy to discuss if you have a moment. 

Best,

Grace

 


From: Grace Pitcock
Sent: Monday, March 23, 2020 12:14 PM
To: Burdecki, Anna
Cc: Kim Van-Dinh; David R. Stevens
Subject: Re: Application for DAWNLIGHT Serial No. 88461001

 

​Thanks. I will give you a ring now.


From: Burdecki, Anna <Anna.Burdecki@USPTO.GOV>
Sent: Monday, March 23, 2020 12:00 PM
To: Grace Pitcock
Cc: Kim Van-Dinh; David R. Stevens
Subject: RE: Application for DAWNLIGHT Serial No. 88461001

 

Sure – try giving me a call . . . our systems are a little overwhelmed at the moment, but I think it’s working.

 

From: Grace Pitcock <grace.pitcock@stevenslawgroup.com>
Sent: Monday, March 23, 2020 11:56 AM
To: Burdecki, Anna <
Anna.Burdecki@USPTO.GOV>
Cc: Kim Van-Dinh <
Kim.VanDinh@stevenslawgroup.com>; David R. Stevens <dave.stevens@stevenslawgroup.com>
Subject: Re: Application for DAWNLIGHT Serial No. 88461001

 

​Hi Annie-  Can we talk by phone briefly about this?  Are you reachable at the USPTO number listed on the Office Action?

 

Best,

Grace


From: Burdecki, Anna <Anna.Burdecki@USPTO.GOV>
Sent: Saturday, March 21, 2020 2:15 PM
To: Grace Pitcock
Cc: Kim Van-Dinh; David R. Stevens
Subject: RE: Application for DAWNLIGHT Serial No. 88461001

 

So, first of all, the services (both as they currently read in the ID and in your proposed amendments below) are misclassified in Class 37. 

 

Downloadable and recorded software are Class 9 goods; SAAS/PAAS and non-downloadable software services are Class 42 services; website services are classified based on the subject matter of the services being provided. 

 

Secondly, your proposed amendments are out of the scope of the ID because “site supervision, monitoring, and tracking” and “monitoring, maintenance and repair” services are not types of “website, software platform, recorded software and downloadable software” services, regardless of the classification.

 

All of the entries in the ID (other than these specific entries at issue, which are still indefinite and misclassified) are definite and cannot be amended at this point, other than to narrow the goods and services from the language in the amended ID. 

 

Further, it appears that all of the specific entries at issue are already incorporated into the correct classes in the current ID, for example:

 

Class 9:  Electronic sensors and downloadable and recorded computer software for use in analyzing, tracking and reporting image, text, object, optical character, motion, sound, voice, gesture, body motion, body orientation and other data for use in healthcare, home monitoring, patient monitoring, medical, veterinary, repair, vehicle, home, building and construction site supervision, monitoring, safety and security services; Providing a downloadable computer software platform for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies, for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances, and for use in building supervision, construction site supervision, compliance tracking; Recorded software and downloadable software for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies, for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances, and for use in building supervision, construction site supervision, compliance tracking

 

Class 42:  Development of and providing software as a service (SAAS) services featuring software for use in monitoring, analyzing, tracking and alert notification of image, text, object, optical character, motion, sound, voice, gesture, body motion, body orientation, anomalous events and other data in connection with the provision of healthcare, home monitoring, patient monitoring, medical, veterinary, repair, vehicle, home, building and construction site supervision, monitoring, safety and security services; Development of and providing platform as a service (PAAS) services featuring software platforms for use in monitoring, analyzing, tracking and alert notification of image, text, object, optical character, motion, sound, voice, gesture, body motion, body orientation, anomalous events and other data in connection with the provision of healthcare, home monitoring, patient monitoring, medical, veterinary, repair, vehicle, home, building and construction site supervision, monitoring, safety and security services; Platform as a service (PAAS) services featuring computer software platforms for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies, for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances, and for use in building supervision, construction site supervision, compliance tracking; Providing a website featuring temporary use of non-downloadable software for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies, for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances, and for use in building supervision, construction site supervision, compliance tracking

 

So, in other words, by deleting the misclassified language at issue in Class 37, you’re not deleting those goods and services from the overall ID because the language at issue was already clarified and properly classified elsewhere in the ID.

 

If you’d like me to delete the language via EA, I’m happy to do so.  However, I can only keep this one in my docket until the end of the day Monday before needing to issue a final refusal.


- Annie

 

From: Grace Pitcock <grace.pitcock@stevenslawgroup.com>
Sent: Friday, March 20, 2020 7:12 PM
To: Burdecki, Anna <
Anna.Burdecki@USPTO.GOV>
Cc: Kim Van-Dinh <
Kim.VanDinh@stevenslawgroup.com>; David R. Stevens <dave.stevens@stevenslawgroup.com>
Subject: Re: Application for DAWNLIGHT Serial No. 88461001

 

Annie-

 

Can you clarify why we cannot keep the original/amended language in Class 37?:

 

"Providing a website, software platform, recorded software and downloadable software for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomaliesProviding a website, software platform, recorded software and downloadable software for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliancesProviding a website, software platform, recorded software and downloadable software for use in building supervision, construction site supervision, compliance tracking;"

 

For example, Reg. No.6010855 includes in Class 37:
 
 "providing computer on-line searchable databases in the field of building and construction; updating of information related to building and construction; rental of digitized materials and databases in the field of building and construction; providing on-line websites and databases in the field of building and construction"

 

Best,

Grace

 


From: Burdecki, Anna <Anna.Burdecki@USPTO.GOV>
Sent: Friday, March 20, 2020 5:10 PM
To: Grace Pitcock
Cc: Kim Van-Dinh; David R. Stevens
Subject: RE: Application for DAWNLIGHT Serial No. 88461001

 

Hi again,

 

Those would services (other than the technical support services in the nature of providing installation of theft preventions devices) would all be out of the scope of both the original application and the amended ID, so those amendments would not be allowed. 

 

- Annie

 

From: Grace Pitcock <grace.pitcock@stevenslawgroup.com>
Sent: Friday, March 20, 2020 4:05 PM
To: Burdecki, Anna <
Anna.Burdecki@USPTO.GOV>
Cc: Kim Van-Dinh <
Kim.VanDinh@stevenslawgroup.com>; Tram Nguyen <Tram.Nguyen@stevenslawgroup.com>; David R. Stevens <dave.stevens@stevenslawgroup.com>
Subject: Re: Application for DAWNLIGHT Serial No. 88461001

 

Hi Annie-

 

Hi Annie-  Would it be possible to amend the deleted language as follows?:  Building and construction site supervision, monitoring and compliance tracking services; Monitoring, maintenance and repair services for machinery, vehicles, equipment, instruments and appliances; and Technical support services in the nature of providing installation of theft prevention devices

If acceptable, I will still need to get sign off from the client, but don't think this should be a problem.

 

Thank you!

Grace


From: Burdecki, Anna <Anna.Burdecki@USPTO.GOV>
Sent: Friday, March 20, 2020 2:05 PM
To: Grace Pitcock
Cc: Kim Van-Dinh; Tram Nguyen; David R. Stevens
Subject: RE: Application for DAWNLIGHT Serial No. 88461001

 

Hi Grace,


I’ve received the response and everything looks good, with the exception of Class 37.  I believe it was intended to read as follows (as the misclassified goods and services that still show up in the Class 37 ID have been properly classified and incorporated into the rest of the ID) . . .

 

Class 37:  Providing a website, software platform, recorded software and downloadable software for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies; Providing a website, software platform, recorded software and downloadable software for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances; Providing a website, software platform, recorded software and downloadable software for use in building supervision, construction site supervision, compliance tracking; Technical support services in the nature of providing installation of theft prevention devices

 

With your permission, I’m happy to amend the Class 37 services to read as above and get this one moving to publication.

 

Sincerely,

 

Annie

 

From: Burdecki, Anna
Sent: Friday, February 14, 2020 3:48 PM
To: Grace Pitcock <
grace.pitcock@stevenslawgroup.com>
Cc: Kim Van-Dinh <
Kim.VanDinh@stevenslawgroup.com>; Tram Nguyen <Tram.Nguyen@stevenslawgroup.com>; David R. Stevens <dave.stevens@stevenslawgroup.com>
Subject: RE: Application for DAWNLIGHT Serial No. 88461001

 

Thanks! 


These would work, if correct:

 

Protection devices for personal use against accidents, namely, fall prevention, risk assessment, detection, notification and exit alarm devices being electronic sensors

 

Medical apparatus for use in continuous monitoring, tracking, analyzing and reporting vital signs and patient motion data in the nature of heart rate, activity levels, sleep quality and respiratory activity

 

Since it’s such a long ID, I’ll need review the entire ID once a response is filed rather than trying to finalize amendments and giving approval on the front end.  Once the response is filed, though, I’ll review the entire thing and we can work on any necessary further amendments at that point. 

 

- Annie

 

From: Grace Pitcock <grace.pitcock@stevenslawgroup.com>
Sent: Friday, February 14, 2020 1:47 PM
To: Burdecki, Anna <
Anna.Burdecki@USPTO.GOV>
Cc: Kim Van-Dinh <
Kim.VanDinh@stevenslawgroup.com>; Tram Nguyen <Tram.Nguyen@stevenslawgroup.com>; David R. Stevens <dave.stevens@stevenslawgroup.com>
Subject: Re: Application for DAWNLIGHT Serial No. 88461001

 

Hi Annie-  

 

Sorry you are not feeling well.  I have been a bit under the weather as well.  Thanks for providing this feedback.  

 

In Class 9, we are fine with deleting "systems" from:  “for use in remote video monitoring, control, automation and notification” from each of the following: 

 

Computer software platforms, recorded and downloadablefor use in remote video monitoring, control, automation and notification systemsMobile software applications, downloadable, for use in remote video monitoring, control, automation and notification systemsComputer software applications, downloadable, for use in remote video monitoring, control, automation and notification systemsComputer programs, recorded, for use in remote video monitoring, control, automation and notification systemsComputer software, recorded, for use in remote video monitoring, control, automation and notification systems

 

... Computer software for medical purposes, recordednamely, medical software for use in remote video monitoring, control, automation and notification systems

 

 

For "protection devices for personal use against accidents", these are electronic sensor devices, can we add "notification" and "electronic sensor" to describe these devices, specifically:  "Protection devices for personal use against accidents, namely, fall prevention, risk assessment, detection, notification and exit alarm electronic sensor devices"

 

Would the following work for Class 10: 

Medical apparatus for use in continuous monitoring, treating and diagnosing { indicate specific condition} which tracking, analyzing and reporting vital signs and motion data namely including  heart rate, activity levels, sleep quality and respiratory activity


In Class 41: Thanks for the clarification on the educational information services and are fine with your first proposal:

Education services, namely, providing educational information in the academic fields of science, technology, healthcare, artificial intelligence, artificial intelligence (AI) based monitoring, data collection, data analysis and data management for the purpose of academic study

Please let me know if these work and whether there are any other changes.  Once you've confirmed, I will then need to confirm the final version with the client.

Hope you feel better soon!

 

Best,

Grace


From: Burdecki, Anna <Anna.Burdecki@USPTO.GOV>
Sent: Friday, February 14, 2020 1:21 PM
To: Grace Pitcock
Cc: Kim Van-Dinh; Tram Nguyen; David R. Stevens
Subject: RE: Application for DAWNLIGHT Serial No. 88461001

 

Hi Grace,


I apologize – I’ve been out sick the past few days.

 

As far as the software entries, each entry must specify the function of the software.  So, for example, software “for use in remote video monitoring, control, automation and notification systems” lacks a specific function.  However, something like software “for use in remote video monitoring, control, automation, and notification” (without the wording systems) provides the specific functions of remote video monitoring, remote video control, remote video automation, and remote video notification.  Or, something like “for use in operating remote video monitoring, control, automation and notification systems” would work, since it specifies “operation” as the function of the software.

 

As far as the “protection devices for personal use against accidents,” the actual common name of the devices will need to be specified.  For example, fall prevention devices could include anything from “nets for protection against accidents” or “shoes for protection against accidents.”

 

As far as the “medical apparatus for use in continuous monitoring . . . vital signs and motion data including heart rate, etc.,” this will need to be specified to make clear what is actually being monitored/tracked/analyzed/reported, not just what could be monitored/tracked/analyzed/reported. 

 

As far as the educational information, as all “information” could be “educational,” the two ID manual notes below are helpful.  Basically, you can either “provide educational information” in specific fields (and classify the services based on the subject matter) or you can “provide educational information in academic field for the purpose of academic study (in which the educational services are classified in Class 41 no matter the subject matter). 

 


041-1365

041

Providing educational information in the academic field of {specify, e.g., science, mathematics, etc.} for the purpose of academic study

A

02/24/2011

SERVICES

 

09-2007


000-50

000

Providing educational information in the field of {indicate subject matter of information} [subject matter of information determines classification]

A

02/10/2011

SERVICES

06-27-2019 - Educational information services are classified according to the service-related subject matter of the information. All information can be characterized as instructional or educational. Thus, describing information as “instructional” or “educational” is not sufficient to justify classification in Class 41. less

 

09-2007

 

At a glance, the rest of the edits look like wording that would work.  However, I’ll need to do a more careful review of the ID once a response is filed.  If I find any other issues, I can work with you on an Examiner’s Amendment at that time.

 

Sincerely,

 

Annie

 

From: Grace Pitcock <grace.pitcock@stevenslawgroup.com>
Sent: Tuesday, February 11, 2020 12:17 PM
To: Burdecki, Anna <
Anna.Burdecki@USPTO.GOV>
Cc: Kim Van-Dinh <
Kim.VanDinh@stevenslawgroup.com>; Tram Nguyen <Tram.Nguyen@stevenslawgroup.com>; David R. Stevens <dave.stevens@stevenslawgroup.com>
Subject: Re: Application for DAWNLIGHT Serial No. 88461001

 

​Thanks!  I look forward to hearing back from you.

 

Best,

Grace


From: Burdecki, Anna <Anna.Burdecki@USPTO.GOV>
Sent: Monday, February 10, 2020 3:55 PM
To: Grace Pitcock
Cc: Kim Van-Dinh; Tram Nguyen; David R. Stevens
Subject: RE: Application for DAWNLIGHT Serial No. 88461001

 

Thanks – I’ll try to look this over in the next day or so J

 

From: Grace Pitcock <grace.pitcock@stevenslawgroup.com>
Sent: Monday, February 10, 2020 3:07 PM
To: Burdecki, Anna <
Anna.Burdecki@USPTO.GOV>
Cc: Kim Van-Dinh <
Kim.VanDinh@stevenslawgroup.com>; Tram Nguyen <Tram.Nguyen@stevenslawgroup.com>; David R. Stevens <dave.stevens@stevenslawgroup.com>
Subject: Re: Application for DAWNLIGHT Serial No. 88461001

 

Hi Annie-

 

Yes, of course. I have highlighted the specific areas below.  Thank you.

 

Class 9:  Electronic devices used to track, analyze and report health, wellness, fitness, stress, activity and sleep metrics; Electronic devices used to track, analyze and report vital signs and motion data including heart rate, activity levels, sleep quality and respiratory activity; Electronic devices for environmental, health, safety, security and equipment monitoring, control, automation and notification systems; downloadable and recorded computer software for use in environmental, health, safety, security and equipment monitoring, control, automation and notification systems; Electronic devices and downloadable and recorded computer software that allow users to remotely interact with environmental, health, safety, security and equipment monitoring, control, automation and notification systems; Electronic devices and downloadable and recorded computer software that allow the sharing and transmission of data and information between devices for the purposes of facilitating environmental, health, safety, security, equipment monitoring, control, automation and notification; electronic radar sensors; electronic video and audio sensors; Electronic sensors and downloadable and recorded computer software for motion, humidity, temperature, and light for use in monitoring, tracking, control, automation of building, facility, factory and manufacturing environments; Electronic sensors and downloadable and recorded computer software for use in monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances; Electronic sensors and downloadable and recorded computer software for use in building supervision, construction site supervision, compliance tracking, detection of anomalies; Electronic sensors and downloadable and recorded software programs for image detection, text recognition, optical character recognition, body orientation recognition, motion detection, object detection, video object detection, sound recognition, voice recognition, image recognition, remote image sensing, scene analysis, scene recognition, character detection and recognition, vehicle type recognition, vehicle recognition, vehicle detection, garment attributes recognition, pedestrian detection, pedestrian attributes detection, people detection, people counting, density estimation, commercial invoicing recognition, image processing, video stabilization, modifying the appearance of photographs and videos, taking and editing photographs and recording and editing videos, security systems, and authentication of electronic payment processing; Downloadable and recorded software for use in recording, viewing, storing, sharing and analyzing online audio and video; downloadable and recorded computer software for use as an application programming interface (API); Downloadable and recorded data analytic software programs for gathering, compiling, reporting and analyzing graphical, visual and audial information and data; Downloadable and recorded computer software for processing data; Downloadable and recorded software programs for artificial intelligence (AI) based image, text, object, optical character, body orientation, motion, sound detection and recognition; Electronic sensors and downloadable and recorded computer software for use in analyzing, tracking and reporting image, text, object, optical character, motion, sound, voice, gesture, body motion, body orientation and other data for use in healthcare, home monitoring, patient monitoring, medical, veterinary, repair, vehicle, home, building and construction site supervision, monitoring, safety and security services; Data processing apparatus; Apparatus for image recognition and processing; Apparatus for object identification; Apparatus for gesture recognition and analysis; Apparatus for body orientation detection; Apparatus for body motion detection; Apparatus for object motion detection; Apparatus for sound recognition; Apparatus for voice recognition; Apparatus for optical character identification; Fingerprint scanner; Downloadable software, namely, computer programs for editing images, sound and video; Computer software applications, downloadable, for word and images processing; Downloadable mobile applications for editing photosDownloadable and recorded software for processing images, graphics and text; Downloadable and recorded computer software for organizing and viewing digital images and photographs; Downloadable and recorded computer software for processing digital images; Downloadable and recorded computer programs in the field of health care; Downloadable and recorded computer programs for medical purposes; Monitoring apparatus being electric wireless controllers to remotely monitor and diagnose function and status of other electrical, electronic, and mechanical devices or systems, namely, environmental, building, health, safety, security, and transportation equipment, devices or systems; Computer software platforms, recorded and downloadable, for use in remote video monitoring, control, automation and notification systems; Mobile software applications, downloadable, for use in remote video monitoring, control, automation and notification systems; Computer software applications, downloadable, for use in remote video monitoring, control, automation and notification systems; Computer programs, recorded, for use in remote video monitoring, control, automation and notification systems; Computer software, recorded, for use in remote video monitoring, control, automation and notification systemsdownloadable and recorded computer software for image, object, motion, gesture and sound detection for use in education and entertainment; downloadable and recorded gesture and motion detection software for use in education and entertainment; Attendance machines being counting machines for counting how many people are in attendance at an event; Optical character readers; Encoded identification bracelets, magnetic; Pattern recognition systems composed of computer chips, computer hardware and software; Data processing equipment; Object recognition device, namely, cameras, video cameras and computer hardware used for object scanning and recognition; Attendance machines in the nature of electronic readers and controllers for controlling access to a premises; Wearable activity trackers; Monitoring devices being video cameras for security and safety of buildings, construction sites and facilities; Anti-theft alarms for buildings, construction sites and facilities; Theft prevention installations being video cameras, electric; Wearable and contactless wearable activity trackers; Monitoring apparatus not for medical purposes, namely, video cameras and scanners; Computer software for medical purposes, recorded, namely, medical software for use in remote video monitoring, control, automation and notification systems; Wearable computers in the nature of head mounted and wrist mounted computers, ring scanners; Downloadable graphics for mobile phones; Electronic cards for processing images; Baby monitors; Video baby monitors; Integrated circuit chips; Electronic chips for the manufacture of integrated circuits; Remote control apparatus, namely, remote control for video monitoring cameras; Protection devices for personal use against accidents, namely, fall prevention, risk assessment, detection, notification and exit alarm electronic sensor devices; Anti-theft warning apparatus; 

Downloadable and recorded virtual reality software for medical teaching; Downloadable and recorded chatting robot software for analog dialogue; Computer software for medical research, recorded; humanoid robots with artificial intelligence; selfie lenses for mobile phone cameras; selfie lenses for cameras; cameras for photography; teaching robots; blank electronic chip cards for computers; blank electronic chip cards for mobile phones; Computer hardware; Smartglasses; Smartwatches; Interactive touch screen terminals; Data processing equipment, namely, couplers; electronic data recorders, namely, black boxes; Hologram apparatus; Electronic notice boards; luminous light-emitting electronic pointers; Smartphones; Telecommunications transmitters; Infrared detectors; Teaching apparatus, namely, manipulative blocks used as teaching aids for the visualization of math concepts; 3D spectacles; Photography, namely, photographic slides; Downloadable mobile applications for monitoring a user's smart phone and online activities for the purposes of analyzing cognitive ability, health and general well-being, and featuring healthcare recommendations, diagnosis and wellness information; Downloadable software for analyzing and reporting on Internet traffic, for analyzing the effectiveness of web site marketing, and for tracking web site activity and managing, monitoring, tracking and optimizing the performance and effectiveness of web sites and online marketing campaigns; Downloadable video recordings and written articles in the fields of science, technology, healthcare, artificial intelligence, artificial intelligence (AI) based monitoring, data collection, data analysis and data management; Connected electronic devices and smart electronic devices for collecting, processing, analyzing, and responding to electronic sensor data and communicating back data, files, sounds, and images in the nature of a desired voice file, audio file, audiovisual file, visual file, text file, content file, data file, photo, video, electronic work, audiovisual work, multimedia work and literary work; Connected electronic devices and smart electronic devices for collecting, processing, analyzing, and responding to data in the nature of internet and device activity and transmitting back data, files, sounds, and images in the nature of a desired voice file, audio file, audiovisual file, visual file, text file, content file, data file, photo, video, electronic work, audiovisual work, multimedia work and literary work; Humanoid robots with artificial intelligence, laboratory robots, and teaching robots that can collect, process, analyze and respond to electronic sensor data and communicate back a desired voice file, audio file, audiovisual file, visual file, text file, content file, data file, photo, video, electronic work, audiovisual work, multimedia work and literary work; Providing a downloadable computer software platform for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies, for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances, and for use in building supervision, construction site supervision, compliance tracking; Recorded software and downloadable software for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies, for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances, and for use in building supervision, construction site supervision, compliance tracking

 

Class 10:  Medical devices for monitoring vital signs, blood properties and respiratory events used to track, analyze and report health, wellness, fitness, stress, activity and sleep metrics; Medical apparatus for use in continuous monitoring, treating and diagnosing { indicate specific condition} which tracking, analyzing and reporting vital signs and motion data namely including  heart rate, activity levels, sleep quality and respiratory activity; Health and wellness instruments and apparatuses, namely, patient monitoring sensors and alarms for automated health, safety and wellness monitoring, tracking, analysis and alert notification systems; General health and wellness instruments and apparatus, namely, patient monitoring sensors and alarms featuring software for storing, relaying, tracking, measuring, displaying and automated alert notification of biometric data such as heart rate, respiration, body movement, activity intensity, type of activity, sleep quality and body movement; Video and audio patient monitoring sensors for use in remote monitoring, analysis and alert notification of patient health, safety and wellness; Medical devices, namely, patient monitors and patient sensors for monitoring, measuring, tracking, analyzing and alert notification of vital signs, sleep activity, bodily movements and respiratory events; Medical instruments, namely, health monitors comprising sensor that monitors the health of the elderly or disabled in their own homes; Medical device, namely, a device for measuring leg movements during sleep; Portable medical devices with sensors to monitor the physical movements of a patient wearing or carrying the device; Health monitoring, analysis and alert notification apparatus and instruments, namely, patient medical monitors for monitoring patient vital signs including heart rate, respiratory rate, temperature, blood pressure, lung function for medical, dental or veterinary use; Surgical robots that can collect, process, analyze and respond to electronic sensor data and communicate back a desired voice file, audio file, audiovisual file, visual file, text file, content file, data file, photo, video, electronic work, audiovisual work, multimedia work and literary work; Medical robots for monitoring patients vital signs, tracking and recording patient data and interactive body assistance that can collect, process, analyze and respond to electronic sensor data and communicate back a desired voice file, audio file, audiovisual file, visual file, text file, content file, data file, photo, video, electronic work, audiovisual work, multimedia work and literary work; Video and audio sensors being patient monitoring sensors for use in remote monitoring, analysis and alert notification of patient health, safety and wellness

 

 

Class 35:  Advertising services; Marketing services; Sales promotion for others; Marketing, advertising, and promoting the goods and services of others; Business data analysis, namely, collection, tracking, analysis and reporting of consumer behavioral data for marketing purposesBusiness data analytics and processing; Providing business information; Compilation of information into computer databases; Systemization of information into computer databases; Compiling and processing of business data including graphical, image, text, object, optical character, object recognition, gesture, pedestrian traffic, motion, sound, visual information and other data; Analyzing and compiling business data including graphical, image, text, object, optical character, object recognition, gesture, pedestrian traffic, motion, sound, visual information and other data; Updating and maintenance of data in computer databases; Record management services, namely, web document indexing for commercial or advertising purposes for others; Search engine optimization for sales promotion; Presentation of goods and services on communication media, for retail purposes; Electronic data collection and data submission services for business purposes in the fields of retail, medicine and healthcare; Provision of an on-line marketplace for buyers and sellers of goods and services; Processing, analyzing, tracking and reporting business data in the nature of image, text, object, optical character, motion, sound, voice, gesture, body motion, body orientation and other data for use in healthcare, home monitoring, medical, building construction, construction, repair, vehicle security, home security, building and construction site supervision, safety and security and veterinary services; Consulting services in the field of medical practice management for others

 

Class 36:  Insurance and financial information and consultancy services

 

Class 37:  Technical support services in the nature of providing installation of theft prevention devices

 

Class 41:  Education services, namely, providing training and seminars in the fields of science, technology, healthcare, artificial intelligence, artificial intelligence (AI) based monitoring, data collection, data analysis and data management; Education services, namely, providing educational information in the academic fields of science, technology, healthcare, artificial intelligence, artificial intelligence (AI) based monitoring, data collection, data analysis and data management for the purpose of academic study; Providing online non-downloadable videos and articles in the fields of science, technology, healthcare, artificial intelligence, artificial intelligence (AI) based monitoring, data collection, data analysis and data management

 

Class 42:  Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in monitoring, tracking, analyzing and alert notification of health, wellness, fitness, stress, activity and sleep metrics; Development of and providing software as a service (SAAS) services featuring software for use in monitoring, tracking, analyzing and alert notification of health, wellness, fitness, stress, activity and sleep metrics; Development of and providing platform as a service (PAAS) services featuring software platforms for use in monitoring, tracking, analyzing and alert notification of health, wellness, fitness, stress, activity and sleep metrics; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in monitoring, tracking, analyzing and alert notification of healthcare related metrics including heart rate, activity levels, sleep quality and respiratory activity; Development of and providing software as a service (SAAS) services featuring software for use in monitoring, tracking, analyzing and alert notification of healthcare related metrics including heart rate, activity levels, sleep quality and respiratory activity; Development of and providing platform as a service (PAAS) services featuring software platforms for use in monitoring, tracking, analyzing and alert notification of healthcare related metrics including heart rate, activity levels, sleep quality and respiratory activity; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in environmental, health, safety, security and equipment monitoring, control, automation and notification systems; Development of and providing software as a service (SAAS) services featuring software for use in environmental, health, safety, security and equipment monitoring, control, automation and notification systems; Development of and providing platform as a service (PAAS) services featuring software platforms for use in environmental, health, safety, security and equipment monitoring, control, automation and notification systems; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in remotely interacting with environmental, building, health, safety, security and equipment monitoring, control, automation and notification systems; Development of and providing software as a service (SAAS) services featuring software for use in remotely interacting with environmental, building, health, safety, security and equipment monitoring, control, automation and notification systems; Development of and providing platform as a service (PAAS) services featuring software platforms for use in remotely interacting with environmental, building, health, safety, security and equipment monitoring, control, automation and notification systems; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in sharing and transmission of data and information between electronic monitoring devices and sensors for the purposes of facilitating environmental, health, safety, security, equipment monitoring, control, automation and notification; Development of and providing software as a service (SAAS) services featuring software for use in sharing and transmission of data and information between electronic monitoring devices and sensors for the purposes of facilitating environmental, health, safety, security, equipment monitoring, control, automation and notification; Development of and providing platform as a service (PAAS) services featuring software platforms for use in sharing and transmission of data and information between electronic monitoring devices and sensors for the purposes of facilitating environmental, health, safety, security, equipment monitoring, control, automation and notification; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in motion, humidity, temperature, and light monitoring, tracking, control, automation in building, facility, factory and manufacturing environments; Development of and providing software as a service (SAAS) services featuring software for use in motion, humidity, temperature, and light monitoring, tracking, control, automation in building, facility, factory and manufacturing environments; Development of and providing platform as a service (PAAS) services featuring software platforms for use in motion, humidity, temperature, and light monitoring, tracking, control, automation in building, facility, factory and manufacturing environments; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances; Development of and providing software as a service (SAAS) services featuring software for use in monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances; Development of and providing platform as a service (PAAS) services featuring software platforms for use in monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in building supervision, construction site supervision, compliance tracking, detection of anomalies; Development of and providing software as a service (SAAS) services featuring software for use in building supervision, construction site supervision, compliance tracking, detection of anomalies; Development of and providing platform as a service (PAAS) services featuring software platforms for use in building supervision, construction site supervision, compliance tracking, detection of anomalies; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in image detection, text recognition, optical character recognition, body orientation recognition, motion detection, object detection, video object detection, sound recognition, voice recognition, image recognition, remote image sensing, scene analysis, scene recognition, character detection and recognition, object detection and tracking, vehicle type recognition, vehicle recognition, vehicle detection, garment attributes recognition, pedestrian detection, pedestrian attributes detection, people detection, people counting, density estimation, commercial invoicing recognition, image processing, video stabilization, modifying the appearance of photographs and videos, taking and editing photographs and recording and editing videos, security systems, and authentication of electronic payment processing; Development of and providing software as a service (SAAS) services featuring software for use in image detection, text recognition, optical character recognition, body orientation recognition, motion detection, object detection, video object detection, sound recognition, voice recognition, image recognition, remote image sensing, scene analysis, scene recognition, character detection and recognition, object detection and tracking, vehicle type recognition, vehicle recognition, vehicle detection, garment attributes recognition, pedestrian detection, pedestrian attributes detection, people detection, people counting, density estimation, commercial invoicing recognition, image processing, video stabilization, modifying the appearance of photographs and videos, taking and editing photographs and recording and editing videos, security systems, and authentication of electronic payment processing; Development of and providing platform as a service (PAAS) services featuring software platforms for use in image detection, text recognition, optical character recognition, body orientation recognition, motion detection, object detection, video object detection, sound recognition, voice recognition, image recognition, remote image sensing, scene analysis, scene recognition, character detection and recognition, object detection and tracking, vehicle type recognition, vehicle recognition, vehicle detection, garment attributes recognition, pedestrian detection, pedestrian attributes detection, people detection, people counting, density estimation, commercial invoicing recognition, image processing, video stabilization, modifying the appearance of photographs and videos, taking and editing photographs and recording and editing videos, security systems, and authentication of electronic payment processing; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in recording, viewing, storing, sharing and analyzing online audio and video; Development of and providing software as a service (SAAS) services featuring software for use in recording, viewing, storing, sharing and analyzing online audio and video; Development of and providing platform as a service (PAAS) services featuring software platforms for use in recording, viewing, storing, sharing and analyzing online audio and video; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in gathering, compiling, reporting and analyzing graphical, visual and audial information and data; Development of and providing software as a service (SAAS) services featuring software for use in gathering, compiling, reporting and analyzing graphical, visual and audial information and data; Development of and providing platform as a service (PAAS) services featuring software for use in gathering, compiling, reporting and analyzing graphical, visual and audial information and data; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in artificial intelligence (AI) based image, text, object, optical character, body orientation, motion, sound detection and recognition; Development of and providing software as a service (SAAS) services featuring software for use in artificial intelligence (AI) based image, text, object, optical character, body orientation, motion, sound detection and recognition; Development of and providing platform as a service (PAAS) services featuring software platforms for use in artificial intelligence (AI) based image, text, object, optical character, body orientation, motion, sound detection and recognition; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in monitoring, analyzing, tracking and alert notification of image, text, object, optical character, motion, sound, voice, gesture, body motion, body orientation, anomalous events and other data in connection with the provision of healthcare, home monitoring, patient monitoring, medical, veterinary, repair, vehicle, home, building and construction site supervision, monitoring, safety and security services; Development of and providing software as a service (SAAS) services featuring software for use in monitoring, analyzing, tracking and alert notification of image, text, object, optical character, motion, sound, voice, gesture, body motion, body orientation, anomalous events and other data in connection with the provision of healthcare, home monitoring, patient monitoring, medical, veterinary, repair, vehicle, home, building and construction site supervision, monitoring, safety and security services; Development of and providing platform as a service (PAAS) services featuring software platforms for use in monitoring, analyzing, tracking and alert notification of image, text, object, optical character, motion, sound, voice, gesture, body motion, body orientation, anomalous events and other data in connection with the provision of healthcare, home monitoring, patient monitoring, medical, veterinary, repair, vehicle, home, building and construction site supervision, monitoring, safety and security services; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in processing data; Development of and providing software as a service (SAAS) services featuring software for use in processing data; Development of and providing platform as a service (PAAS) services featuring software platforms for use in processing data; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in editing images, sound and video; Development of and providing software as a service (SAAS) services featuring software for use in editing images, sound and video; Development of and providing platform as a service (PAAS) services featuring software platforms for use in editing images, sound and video; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in health care, medical services, home-based care for the disabled and elderly, building safety, security, babysitting, childcare, hospitality, construction site safety, vehicle security; Development of and providing software as a service (SAAS) services featuring software for use in health care, medical services, home-based care for the disabled and elderly, building safety, security, babysitting, childcare, hospitality, construction site safety, vehicle security; Development of and providing platform as a service (PAAS) services featuring software platforms for use in health care, medical services, home-based care for the disabled and elderly, building safety, security, babysitting, childcare, hospitality, construction site safety, vehicle security; Computer programming; Computer software design; Updating of computer software; Electronic data storage; Electronic storage of electronic media, namely, images, text, audio, and video data; Maintenance of computer software; Providing information on computer technology and programming via a web site; Installation of computer software; Conversion of data or documents from physical to electronic media; Computer system design; Cloud computing featuring software for use in database management and image, sound, and video processing; Software as a service (SAAS) services featuring software for for use in remote video monitoring, control, automation and notification systems; Platform as a service (PAAS) services featuring computer software platforms for use in remote video monitoring, control, automation and notification systems; Platform as a service (PAAS) services featuring computer software platforms for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies, for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances, and for use in building supervision, construction site supervision, compliance tracking; Providing a website featuring temporary use of non-downloadable software for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies, for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances, and for use in building supervision, construction site supervision, compliance tracking; Providing an internet site for medical purposes, namely, providing a website featuring on-line non-downloadable software that allows users to remotely interact with patient monitoring and automated alert notification systems

 

Class 44:  Health care services; Home healthcare services; Medical services; Medical diagnostic and monitoring services through the use of wearable and contactless medical devices, sensors and monitoring apparatuses; Health care services, namely, collection and provision of health data and information for treatment and diagnostic purposes; Providing medical information and data being medical information; Health monitoring services being medical services provided through the use of wearable and contactless monitoring devices and sensors with automated alert and monitoring capacity for use in connection with health care, home health, medical, and veterinary services; Healthcare, veterinary and medical services, namely, monitoring, storing, relaying, tracking, measuring, analyzing, displaying and automated alert notification of vital signs and motion data such as heart rate, respiration, body movement, body orientation, activity intensity, type of activity, sleep quality and body movement; Healthcare and wellbeing services, namely, providing an internet site featuring medical information for use in monitoring, tracking, analyzing, reporting, automated alert notification of health, wellness, fitness, stress, activity and sleep metrics; Health care and medical services, namely, monitoring, tracking, analyzing, reporting and automated alert notification of vital signs and motion data including heart rate, activity levels, body orientation, sleep quality and respiratory activity; Providing health care and wellness information and recommendations being health advice online, through a website, downloadable mobile applications and via electronic communications; Providing information regarding medical diagnosis and health online, through downloadable mobile applications, a website, and via electronic communications; Consulting services in the field of healthcare, namely, consulting services in the field of medical care; Medical services, namely, medical consultation services related to patient management, treatment and monitoring; Medical equipment rental services

 

Class 45:  Home and building security monitoring using wireless and wired sensors, motion detectors, alarms, audio devices, video devices, home automation devices, and security devices and equipment; safety and security monitoring being monitoring of alarms using sensors, cameras and motion detectors; Home security alarm monitoring; Monitoring of security alarm systems; Home and facility medical alarm monitoring for elderly people, disabled people, and children

 


From: Burdecki, Anna <Anna.Burdecki@USPTO.GOV>
Sent: Monday, February 10, 2020 2:25 PM
To: Grace Pitcock
Cc: Kim Van-Dinh; Tram Nguyen; David R. Stevens
Subject: RE: Application for DAWNLIGHT Serial No. 88461001

 

Hi Grace,


Can you pull out (or highlight) the parts which are different than the wording which I suggested in my Office action? 

 

I’m happy to look at those specific entries.

 

- Annie

 

From: Grace Pitcock <grace.pitcock@stevenslawgroup.com>
Sent: Monday, February 10, 2020 2:06 PM
To: Burdecki, Anna <
Anna.Burdecki@USPTO.GOV>
Cc: Kim Van-Dinh <
Kim.VanDinh@stevenslawgroup.com>; Tram Nguyen <Tram.Nguyen@stevenslawgroup.com>; David R. Stevens <dave.stevens@stevenslawgroup.com>
Subject: Application for DAWNLIGHT Serial No. 88461001

 

Dear Anna Burdecki,

 

Applicant would like to adopt the following amendments to the goods/services description along the lines suggested in your Office Action.  If you could confirm whether these are acceptable, I would greatly appreciate it.   If not, I can try to further revise the wording.  Thank you.

 

Best Regards,

Grace

 

Class 9:  Electronic devices used to track, analyze and report health, wellness, fitness, stress, activity and sleep metrics; Electronic devices used to track, analyze and report vital signs and motion data including heart rate, activity levels, sleep quality and respiratory activity; Electronic devices for environmental, health, safety, security and equipment monitoring, control, automation and notification systems; downloadable and recorded computer software for use in environmental, health, safety, security and equipment monitoring, control, automation and notification systems; Electronic devices and downloadable and recorded computer software that allow users to remotely interact with environmental, health, safety, security and equipment monitoring, control, automation and notification systems; Electronic devices and downloadable and recorded computer software that allow the sharing and transmission of data and information between devices for the purposes of facilitating environmental, health, safety, security, equipment monitoring, control, automation and notification; electronic radar sensors; electronic video and audio sensors; Electronic sensors and downloadable and recorded computer software for motion, humidity, temperature, and light for use in monitoring, tracking, control, automation of building, facility, factory and manufacturing environments; Electronic sensors and downloadable and recorded computer software for use in monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances; Electronic sensors and downloadable and recorded computer software for use in building supervision, construction site supervision, compliance tracking, detection of anomalies; Electronic sensors and downloadable and recorded software programs for image detection, text recognition, optical character recognition, body orientation recognition, motion detection, object detection, video object detection, sound recognition, voice recognition, image recognition, remote image sensing, scene analysis, scene recognition, character detection and recognition, vehicle type recognition, vehicle recognition, vehicle detection, garment attributes recognition, pedestrian detection, pedestrian attributes detection, people detection, people counting, density estimation, commercial invoicing recognition, image processing, video stabilization, modifying the appearance of photographs and videos, taking and editing photographs and recording and editing videos, security systems, and authentication of electronic payment processing; Downloadable and recorded software for use in recording, viewing, storing, sharing and analyzing online audio and video; downloadable and recorded computer software for use as an application programming interface (API); Downloadable and recorded data analytic software programs for gathering, compiling, reporting and analyzing graphical, visual and audial information and data; Downloadable and recorded computer software for processing data; Downloadable and recorded software programs for artificial intelligence (AI) based image, text, object, optical character, body orientation, motion, sound detection and recognition; Electronic sensors and downloadable and recorded computer software for use in analyzing, tracking and reporting image, text, object, optical character, motion, sound, voice, gesture, body motion, body orientation and other data for use in healthcare, home monitoring, patient monitoring, medical, veterinary, repair, vehicle, home, building and construction site supervision, monitoring, safety and security services; Data processing apparatus; Apparatus for image recognition and processing; Apparatus for object identification; Apparatus for gesture recognition and analysis; Apparatus for body orientation detection; Apparatus for body motion detection; Apparatus for object motion detection; Apparatus for sound recognition; Apparatus for voice recognition; Apparatus for optical character identification; Fingerprint scanner; Downloadable software, namely, computer programs for editing images, sound and video; Computer software applications, downloadable, for word and images processing; Downloadable mobile applications for editing photosDownloadable and recorded software for processing images, graphics and text; Downloadable and recorded computer software for organizing and viewing digital images and photographs; Downloadable and recorded computer software for processing digital images; Downloadable and recorded computer programs in the field of health care; Downloadable and recorded computer programs for medical purposes; Monitoring apparatus being electric wireless controllers to remotely monitor and diagnose function and status of other electrical, electronic, and mechanical devices or systems, namely, environmental, building, health, safety, security, and transportation equipment, devices or systems; Computer software platforms, recorded and downloadable, for use in remote video monitoring, control, automation and notification systems; Mobile software applications, downloadable, for use in remote video monitoring, control, automation and notification systems; Computer software applications, downloadable, for use in remote video monitoring, control, automation and notification systems; Computer programs, recorded, for use in remote video monitoring, control, automation and notification systems; Computer software, recorded, for use in remote video monitoring, control, automation and notification systemsdownloadable and recorded computer software for image, object, motion, gesture and sound detection for use in education and entertainment; downloadable and recorded gesture and motion detection software for use in education and entertainment; Attendance machines being counting machines for counting how many people are in attendance at an event; Optical character readers; Encoded identification bracelets, magnetic; Pattern recognition systems composed of computer chips, computer hardware and software; Data processing equipment; Object recognition device, namely, cameras, video cameras and computer hardware used for object scanning and recognition; Attendance machines in the nature of electronic readers and controllers for controlling access to a premises; Wearable activity trackers; Monitoring devices being video cameras for security and safety of buildings, construction sites and facilities; Anti-theft alarms for buildings, construction sites and facilities; Theft prevention installations being video cameras, electric; Wearable and contactless wearable activity trackers; Monitoring apparatus not for medical purposes, namely, video cameras and scanners; Computer software for medical purposes, recorded, namely, medical software for use in remote video monitoring, control, automation and notification systems; Wearable computers in the nature of head mounted and wrist mounted computers, ring scanners; Downloadable graphics for mobile phones; Electronic cards for processing images; Baby monitors; Video baby monitors; Integrated circuit chips; Electronic chips for the manufacture of integrated circuits; Remote control apparatus, namely, remote control for video monitoring cameras; Protection devices for personal use against accidents, namely, fall prevention, risk assessment, detection and exit alarm devices; Anti-theft warning apparatus; 

Downloadable and recorded virtual reality software for medical teaching; Downloadable and recorded chatting robot software for analog dialogue; Computer software for medical research, recorded; humanoid robots with artificial intelligence; selfie lenses for mobile phone cameras; selfie lenses for cameras; cameras for photography; teaching robots; blank electronic chip cards for computers; blank electronic chip cards for mobile phones; Computer hardware; Smartglasses; Smartwatches; Interactive touch screen terminals; Data processing equipment, namely, couplers; electronic data recorders, namely, black boxes; Hologram apparatus; Electronic notice boards; luminous light-emitting electronic pointers; Smartphones; Telecommunications transmitters; Infrared detectors; Teaching apparatus, namely, manipulative blocks used as teaching aids for the visualization of math concepts; 3D spectacles; Photography, namely, photographic slides; Downloadable mobile applications for monitoring a user's smart phone and online activities for the purposes of analyzing cognitive ability, health and general well-being, and featuring healthcare recommendations, diagnosis and wellness information; Downloadable software for analyzing and reporting on Internet traffic, for analyzing the effectiveness of web site marketing, and for tracking web site activity and managing, monitoring, tracking and optimizing the performance and effectiveness of web sites and online marketing campaigns; Downloadable video recordings and written articles in the fields of science, technology, healthcare, artificial intelligence, artificial intelligence (AI) based monitoring, data collection, data analysis and data management; Connected electronic devices and smart electronic devices for collecting, processing, analyzing, and responding to electronic sensor data and communicating back data, files, sounds, and images in the nature of a desired voice file, audio file, audiovisual file, visual file, text file, content file, data file, photo, video, electronic work, audiovisual work, multimedia work and literary work; Connected electronic devices and smart electronic devices for collecting, processing, analyzing, and responding to data in the nature of internet and device activity and transmitting back data, files, sounds, and images in the nature of a desired voice file, audio file, audiovisual file, visual file, text file, content file, data file, photo, video, electronic work, audiovisual work, multimedia work and literary work; Humanoid robots with artificial intelligence, laboratory robots, and teaching robots that can collect, process, analyze and respond to electronic sensor data and communicate back a desired voice file, audio file, audiovisual file, visual file, text file, content file, data file, photo, video, electronic work, audiovisual work, multimedia work and literary work; Providing a downloadable computer software platform for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies, for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances, and for use in building supervision, construction site supervision, compliance tracking; Recorded software and downloadable software for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies, for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances, and for use in building supervision, construction site supervision, compliance tracking

 

Class 10:  Medical devices for monitoring vital signs, blood properties and respiratory events used to track, analyze and report health, wellness, fitness, stress, activity and sleep metrics; Medical apparatus for use in continuous monitoring, treating and diagnosing { indicate specific condition} which tracking, analyzing and reporting vital signs and motion data including heart rate, activity levels, sleep quality and respiratory activity; Health and wellness instruments and apparatuses, namely, patient monitoring sensors and alarms for automated health, safety and wellness monitoring, tracking, analysis and alert notification systems; General health and wellness instruments and apparatus, namely, patient monitoring sensors and alarms featuring software for storing, relaying, tracking, measuring, displaying and automated alert notification of biometric data such as heart rate, respiration, body movement, activity intensity, type of activity, sleep quality and body movement; Video and audio patient monitoring sensors for use in remote monitoring, analysis and alert notification of patient health, safety and wellness; Medical devices, namely, patient monitors and patient sensors for monitoring, measuring, tracking, analyzing and alert notification of vital signs, sleep activity, bodily movements and respiratory events; Medical instruments, namely, health monitors comprising sensor that monitors the health of the elderly or disabled in their own homes; Medical device, namely, a device for measuring leg movements during sleep; Portable medical devices with sensors to monitor the physical movements of a patient wearing or carrying the device; Health monitoring, analysis and alert notification apparatus and instruments, namely, patient medical monitors for monitoring patient vital signs including heart rate, respiratory rate, temperature, blood pressure, lung function for medical, dental or veterinary use; Surgical robots that can collect, process, analyze and respond to electronic sensor data and communicate back a desired voice file, audio file, audiovisual file, visual file, text file, content file, data file, photo, video, electronic work, audiovisual work, multimedia work and literary work; Medical robots for monitoring patients vital signs, tracking and recording patient data and interactive body assistance that can collect, process, analyze and respond to electronic sensor data and communicate back a desired voice file, audio file, audiovisual file, visual file, text file, content file, data file, photo, video, electronic work, audiovisual work, multimedia work and literary work; Video and audio sensors being patient monitoring sensors for use in remote monitoring, analysis and alert notification of patient health, safety and wellness

 

 

Class 35:  Advertising services; Marketing services; Sales promotion for others; Marketing, advertising, and promoting the goods and services of others; Business data analysis, namely, collection, tracking, analysis and reporting of consumer behavioral data for marketing purposesBusiness data analytics and processing; Providing business information; Compilation of information into computer databases; Systemization of information into computer databases; Compiling and processing of business data including graphical, image, text, object, optical character, object recognition, gesture, pedestrian traffic, motion, sound, visual information and other data; Analyzing and compiling business data including graphical, image, text, object, optical character, object recognition, gesture, pedestrian traffic, motion, sound, visual information and other data; Updating and maintenance of data in computer databases; Record management services, namely, web document indexing for commercial or advertising purposes for others; Search engine optimization for sales promotion; Presentation of goods and services on communication media, for retail purposes; Electronic data collection and data submission services for business purposes in the fields of retail, medicine and healthcare; Provision of an on-line marketplace for buyers and sellers of goods and services; Processing, analyzing, tracking and reporting business data in the nature of image, text, object, optical character, motion, sound, voice, gesture, body motion, body orientation and other data for use in healthcare, home monitoring, medical, building construction, construction, repair, vehicle security, home security, building and construction site supervision, safety and security and veterinary services; Consulting services in the field of medical practice management for others

 

Class 36:  Insurance and financial information and consultancy services

 

Class 37:  Technical support services in the nature of providing installation of theft prevention devices

 

Class 41:  Education services, namely, providing training and seminars in the fields of science, technology, healthcare, artificial intelligence, artificial intelligence (AI) based monitoring, data collection, data analysis and data management; Education services, namely, providing educational information in the academic fields of science, technology, healthcare, artificial intelligence, artificial intelligence (AI) based monitoring, data collection, data analysis and data management for the purpose of academic study; Providing online non-downloadable videos and articles in the fields of science, technology, healthcare, artificial intelligence, artificial intelligence (AI) based monitoring, data collection, data analysis and data management

 

Class 42:  Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in monitoring, tracking, analyzing and alert notification of health, wellness, fitness, stress, activity and sleep metrics; Development of and providing software as a service (SAAS) services featuring software for use in monitoring, tracking, analyzing and alert notification of health, wellness, fitness, stress, activity and sleep metrics; Development of and providing platform as a service (PAAS) services featuring software platforms for use in monitoring, tracking, analyzing and alert notification of health, wellness, fitness, stress, activity and sleep metrics; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in monitoring, tracking, analyzing and alert notification of healthcare related metrics including heart rate, activity levels, sleep quality and respiratory activity; Development of and providing software as a service (SAAS) services featuring software for use in monitoring, tracking, analyzing and alert notification of healthcare related metrics including heart rate, activity levels, sleep quality and respiratory activity; Development of and providing platform as a service (PAAS) services featuring software platforms for use in monitoring, tracking, analyzing and alert notification of healthcare related metrics including heart rate, activity levels, sleep quality and respiratory activity; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in environmental, health, safety, security and equipment monitoring, control, automation and notification systems; Development of and providing software as a service (SAAS) services featuring software for use in environmental, health, safety, security and equipment monitoring, control, automation and notification systems; Development of and providing platform as a service (PAAS) services featuring software platforms for use in environmental, health, safety, security and equipment monitoring, control, automation and notification systems; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in remotely interacting with environmental, building, health, safety, security and equipment monitoring, control, automation and notification systems; Development of and providing software as a service (SAAS) services featuring software for use in remotely interacting with environmental, building, health, safety, security and equipment monitoring, control, automation and notification systems; Development of and providing platform as a service (PAAS) services featuring software platforms for use in remotely interacting with environmental, building, health, safety, security and equipment monitoring, control, automation and notification systems; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in sharing and transmission of data and information between electronic monitoring devices and sensors for the purposes of facilitating environmental, health, safety, security, equipment monitoring, control, automation and notification; Development of and providing software as a service (SAAS) services featuring software for use in sharing and transmission of data and information between electronic monitoring devices and sensors for the purposes of facilitating environmental, health, safety, security, equipment monitoring, control, automation and notification; Development of and providing platform as a service (PAAS) services featuring software platforms for use in sharing and transmission of data and information between electronic monitoring devices and sensors for the purposes of facilitating environmental, health, safety, security, equipment monitoring, control, automation and notification; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in motion, humidity, temperature, and light monitoring, tracking, control, automation in building, facility, factory and manufacturing environments; Development of and providing software as a service (SAAS) services featuring software for use in motion, humidity, temperature, and light monitoring, tracking, control, automation in building, facility, factory and manufacturing environments; Development of and providing platform as a service (PAAS) services featuring software platforms for use in motion, humidity, temperature, and light monitoring, tracking, control, automation in building, facility, factory and manufacturing environments; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances; Development of and providing software as a service (SAAS) services featuring software for use in monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances; Development of and providing platform as a service (PAAS) services featuring software platforms for use in monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in building supervision, construction site supervision, compliance tracking, detection of anomalies; Development of and providing software as a service (SAAS) services featuring software for use in building supervision, construction site supervision, compliance tracking, detection of anomalies; Development of and providing platform as a service (PAAS) services featuring software platforms for use in building supervision, construction site supervision, compliance tracking, detection of anomalies; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in image detection, text recognition, optical character recognition, body orientation recognition, motion detection, object detection, video object detection, sound recognition, voice recognition, image recognition, remote image sensing, scene analysis, scene recognition, character detection and recognition, object detection and tracking, vehicle type recognition, vehicle recognition, vehicle detection, garment attributes recognition, pedestrian detection, pedestrian attributes detection, people detection, people counting, density estimation, commercial invoicing recognition, image processing, video stabilization, modifying the appearance of photographs and videos, taking and editing photographs and recording and editing videos, security systems, and authentication of electronic payment processing; Development of and providing software as a service (SAAS) services featuring software for use in image detection, text recognition, optical character recognition, body orientation recognition, motion detection, object detection, video object detection, sound recognition, voice recognition, image recognition, remote image sensing, scene analysis, scene recognition, character detection and recognition, object detection and tracking, vehicle type recognition, vehicle recognition, vehicle detection, garment attributes recognition, pedestrian detection, pedestrian attributes detection, people detection, people counting, density estimation, commercial invoicing recognition, image processing, video stabilization, modifying the appearance of photographs and videos, taking and editing photographs and recording and editing videos, security systems, and authentication of electronic payment processing; Development of and providing platform as a service (PAAS) services featuring software platforms for use in image detection, text recognition, optical character recognition, body orientation recognition, motion detection, object detection, video object detection, sound recognition, voice recognition, image recognition, remote image sensing, scene analysis, scene recognition, character detection and recognition, object detection and tracking, vehicle type recognition, vehicle recognition, vehicle detection, garment attributes recognition, pedestrian detection, pedestrian attributes detection, people detection, people counting, density estimation, commercial invoicing recognition, image processing, video stabilization, modifying the appearance of photographs and videos, taking and editing photographs and recording and editing videos, security systems, and authentication of electronic payment processing; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in recording, viewing, storing, sharing and analyzing online audio and video; Development of and providing software as a service (SAAS) services featuring software for use in recording, viewing, storing, sharing and analyzing online audio and video; Development of and providing platform as a service (PAAS) services featuring software platforms for use in recording, viewing, storing, sharing and analyzing online audio and video; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in gathering, compiling, reporting and analyzing graphical, visual and audial information and data; Development of and providing software as a service (SAAS) services featuring software for use in gathering, compiling, reporting and analyzing graphical, visual and audial information and data; Development of and providing platform as a service (PAAS) services featuring software for use in gathering, compiling, reporting and analyzing graphical, visual and audial information and data; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in artificial intelligence (AI) based image, text, object, optical character, body orientation, motion, sound detection and recognition; Development of and providing software as a service (SAAS) services featuring software for use in artificial intelligence (AI) based image, text, object, optical character, body orientation, motion, sound detection and recognition; Development of and providing platform as a service (PAAS) services featuring software platforms for use in artificial intelligence (AI) based image, text, object, optical character, body orientation, motion, sound detection and recognition; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in monitoring, analyzing, tracking and alert notification of image, text, object, optical character, motion, sound, voice, gesture, body motion, body orientation, anomalous events and other data in connection with the provision of healthcare, home monitoring, patient monitoring, medical, veterinary, repair, vehicle, home, building and construction site supervision, monitoring, safety and security services; Development of and providing software as a service (SAAS) services featuring software for use in monitoring, analyzing, tracking and alert notification of image, text, object, optical character, motion, sound, voice, gesture, body motion, body orientation, anomalous events and other data in connection with the provision of healthcare, home monitoring, patient monitoring, medical, veterinary, repair, vehicle, home, building and construction site supervision, monitoring, safety and security services; Development of and providing platform as a service (PAAS) services featuring software platforms for use in monitoring, analyzing, tracking and alert notification of image, text, object, optical character, motion, sound, voice, gesture, body motion, body orientation, anomalous events and other data in connection with the provision of healthcare, home monitoring, patient monitoring, medical, veterinary, repair, vehicle, home, building and construction site supervision, monitoring, safety and security services; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in processing data; Development of and providing software as a service (SAAS) services featuring software for use in processing data; Development of and providing platform as a service (PAAS) services featuring software platforms for use in processing data; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in editing images, sound and video; Development of and providing software as a service (SAAS) services featuring software for use in editing images, sound and video; Development of and providing platform as a service (PAAS) services featuring software platforms for use in editing images, sound and video; Development of and providing temporary use of online non-downloadable software and non-downloadable cloud-based software for use in health care, medical services, home-based care for the disabled and elderly, building safety, security, babysitting, childcare, hospitality, construction site safety, vehicle security; Development of and providing software as a service (SAAS) services featuring software for use in health care, medical services, home-based care for the disabled and elderly, building safety, security, babysitting, childcare, hospitality, construction site safety, vehicle security; Development of and providing platform as a service (PAAS) services featuring software platforms for use in health care, medical services, home-based care for the disabled and elderly, building safety, security, babysitting, childcare, hospitality, construction site safety, vehicle security; Computer programming; Computer software design; Updating of computer software; Electronic data storage; Electronic storage of electronic media, namely, images, text, audio, and video data; Maintenance of computer software; Providing information on computer technology and programming via a web site; Installation of computer software; Conversion of data or documents from physical to electronic media; Computer system design; Cloud computing featuring software for use in database management and image, sound, and video processing; Software as a service (SAAS) services featuring software for for use in remote video monitoring, control, automation and notification systems; Platform as a service (PAAS) services featuring computer software platforms for use in remote video monitoring, control, automation and notification systems; Platform as a service (PAAS) services featuring computer software platforms for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies, for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances, and for use in building supervision, construction site supervision, compliance tracking; Providing a website featuring temporary use of non-downloadable software for use in building and construction site supervision, monitoring, compliance tracking, safety reporting, detection and alert notification of anomalies, for use in maintenance and repair services including monitoring, maintenance and anomaly detection of machinery, vehicles, equipment, instruments and appliances, and for use in building supervision, construction site supervision, compliance tracking; Providing an internet site for medical purposes, namely, providing a website featuring on-line non-downloadable software that allows users to remotely interact with patient monitoring and automated alert notification systems

 

Class 44:  Health care services; Home healthcare services; Medical services; Medical diagnostic and monitoring services through the use of wearable and contactless medical devices, sensors and monitoring apparatuses; Health care services, namely, collection and provision of health data and information for treatment and diagnostic purposes; Providing medical information and data being medical information; Health monitoring services being medical services provided through the use of wearable and contactless monitoring devices and sensors with automated alert and monitoring capacity for use in connection with health care, home health, medical, and veterinary services; Healthcare, veterinary and medical services, namely, monitoring, storing, relaying, tracking, measuring, analyzing, displaying and automated alert notification of vital signs and motion data such as heart rate, respiration, body movement, body orientation, activity intensity, type of activity, sleep quality and body movement; Healthcare and wellbeing services, namely, providing an internet site featuring medical information for use in monitoring, tracking, analyzing, reporting, automated alert notification of health, wellness, fitness, stress, activity and sleep metrics; Health care and medical services, namely, monitoring, tracking, analyzing, reporting and automated alert notification of vital signs and motion data including heart rate, activity levels, body orientation, sleep quality and respiratory activity; Providing health care and wellness information and recommendations being health advice online, through a website, downloadable mobile applications and via electronic communications; Providing information regarding medical diagnosis and health online, through downloadable mobile applications, a website, and via electronic communications; Consulting services in the field of healthcare, namely, consulting services in the field of medical care; Medical services, namely, medical consultation services related to patient management, treatment and monitoring; Medical equipment rental services

 

Class 45:  Home and building security monitoring using wireless and wired sensors, motion detectors, alarms, audio devices, video devices, home automation devices, and security devices and equipment; safety and security monitoring being monitoring of security alarms using sensors, cameras and motion detectors; Home security alarm monitoring; Monitoring of security alarm systems; Home and facility medical alarm monitoring for elderly people, disabled people, and children

 

 


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