Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88464072 SAMPLESTREAM(Standard Characters, see http://uspto.report/TM/88464072/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of arguments and evidence showing that SAMPLESTREAM is not descriptive has been attached.
Original PDF file:
evi_7680197202-20200108191022984822_._Exhibit_1_-_Sample_Stream_Google_Search.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_7680197202-20200108191022984822_._Exhibit_2_-_Samplestream_Google_Search.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_7680197202-20200108191022984822_._Exhibit_3_-_EXTEND_YOUR_BEAUTY.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_7680197202-20200108191022984822_._Exhibit_4_-_WET_ONES.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_7680197202-20200108191022984822_._Exhibit_5_-_ZEN_HABITAT.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_7680197202-20200108191022984822_._Exhibit_6_-_WITE-OUT__2_Trademarks_.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_7680197202-20200108191022984822_._Exhibit_7_-_GLASS_DOCTOR.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_7680197202-20200108191022984822_._Exhibit_8_-_NOBURST.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_1-7680197202-20200108191022984822_._tein_Technologies_-_SAMPLESTREAM_-_Response_to_Office_Action.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
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Evidence-8

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Scientific apparatus configured to filter, concentrate, and/or purify substances based on an accompanying membrane having particular selectivity qualities; Automated scientific apparatus configured to filter, concentrate, and/or purify substances based on an accompanying membrane having particular selectivity qualities
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Scientific apparatus configured to filter, concentrate, and/or purify substances based on an accompanying membrane having particular selectivity qualities; Scientific apparatus configured to filter, concentrate, and purify substances using an accompanying membrane having particular selectivity qualities; Automated scientific apparatus configured to filter, concentrate, and/or purify substances based on an accompanying membrane having particular selectivity qualities; Scientific apparatus configured to filter and purify substances using an accompanying membrane having particular selectivity qualities; Scientific apparatus configured to filter and concentrate substances using an accompanying membrane having particular selectivity qualities; Scientific apparatus configured to concentrate and purify substances using an accompanying membrane having particular selectivity qualities; Scientific apparatus configured to purify substances using an accompanying membrane having particular selectivity qualities; Scientific apparatus configured to filter substances using an accompanying membrane having particular selectivity qualities; Scientific apparatus configured to concentrate substances using an accompanying membrane having particular selectivity qualities; Automated scientific apparatus configured to filter, concentrate, and purify substances using an accompanying membrane having particular selectivity qualities; Automated scientific apparatus configured to filter and purify substances using an accompanying membrane having particular selectivity qualities; Automated scientific apparatus configured to filter and concentrate substances using an accompanying membrane having particular selectivity qualities; Automated scientific apparatus configured to concentrate and purify substances using an accompanying membrane having particular selectivity qualities; Automated scientific apparatus configured to purify substances using an accompanying membrane having particular selectivity qualities; Automated scientific apparatus configured to filter substances using an accompanying membrane having particular selectivity qualities; Automated scientific apparatus configured to concentrate substances using an accompanying membrane having particular selectivity qualitiesClass 009 for Scientific apparatus configured to filter, concentrate, and purify substances using an accompanying membrane having particular selectivity qualities; Scientific apparatus configured to filter and purify substances using an accompanying membrane having particular selectivity qualities; Scientific apparatus configured to filter and concentrate substances using an accompanying membrane having particular selectivity qualities; Scientific apparatus configured to concentrate and purify substances using an accompanying membrane having particular selectivity qualities; Scientific apparatus configured to purify substances using an accompanying membrane having particular selectivity qualities; Scientific apparatus configured to filter substances using an accompanying membrane having particular selectivity qualities; Scientific apparatus configured to concentrate substances using an accompanying membrane having particular selectivity qualities; Automated scientific apparatus configured to filter, concentrate, and purify substances using an accompanying membrane having particular selectivity qualities; Automated scientific apparatus configured to filter and purify substances using an accompanying membrane having particular selectivity qualities; Automated scientific apparatus configured to filter and concentrate substances using an accompanying membrane having particular selectivity qualities; Automated scientific apparatus configured to concentrate and purify substances using an accompanying membrane having particular selectivity qualities; Automated scientific apparatus configured to purify substances using an accompanying membrane having particular selectivity qualities; Automated scientific apparatus configured to filter substances using an accompanying membrane having particular selectivity qualities; Automated scientific apparatus configured to concentrate substances using an accompanying membrane having particular selectivity qualities
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

The applicant's current attorney information: Marc E. Hankin. Marc E. Hankin of HANKIN PATENT LAW, APC, is located at

      12400 WILSHIRE BLVD., SUITE 1265
      SUITE 1265
      LOS ANGELES, California 90025
      US
The docket/reference number is Integr-00002.

The applicants proposed attorney information: Marc E. Hankin. Other appointed attorneys are Kevin Schraven. Marc E. Hankin of Hankin Patent Law, APC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Suite 1265
      12400 Wilshire Boulevard
      Los Angeles, California 90025
      United States
The docket/reference number is Integr-00002.

The phone number is 3109793600.

The fax number is 310-979-3603.

The email address is marc@hankinpatentlaw.com

Marc E. Hankin submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: MARC E. HANKIN. MARC E. HANKIN of HANKIN PATENT LAW, APC, is located at

      12400 WILSHIRE BLVD., SUITE 1265
      SUITE 1265
      LOS ANGELES, California 90025
      US
The docket/reference number is Integr-00002.

The email address is marc@hankinpatentlaw.com; kevin@hankinpatentlaw.com; courfiling@hankinpatentlaw.com

The applicants proposed correspondence information: Marc E. Hankin. Marc E. Hankin of Hankin Patent Law, APC, is located at

      Suite 1265
      12400 Wilshire Boulevard
      Los Angeles, California 90025
      United States
The docket/reference number is Integr-00002.

The phone number is 3109793600.

The fax number is 310-979-3603.

The email address is courtfiling@hankinpatentlaw.com; marc@hankinpatentlaw.com; kevin@hankinpatentlaw.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use SAMPLE apart from the mark as shown.


Miscellaneous Statement
Applicant hereby respectfully responds to the request of information about the goods offered under SAMPLESTREAM: - Applicant does not describe the "substances" that applicant's apparatuses filter, concentrate, and purify as a "sample stream"; - Applicant describes the substances as "analytes", not a sample stream. Applicant's apparatus operates on discrete boluses of injected matrices containing analytes (combined, referred to as a "sample"), not a continuous flow of matrix containing an analyte. In other words, there is a sample, but it is not in a stream and there is no stream of samples; - Applicant's apparatus does not operate in modes analogous to conventional filtration techniques where a continuous feed stream is processed. Applicant's apparatus operates on discrete volumes that are introduced is an injection event, followed by a processing event, followed by an elution event. Each of these steps is functionally disconnected. The system does not operate on a continuous "stream".


SIGNATURE(S)
Response Signature
Signature: /Marc E. Hankin/     Date: 01/08/2020
Signatory's Name: Marc E. Hankin
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone Number: 3109793600

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    MARC E. HANKIN
   HANKIN PATENT LAW, APC
   12400 WILSHIRE BLVD., SUITE 1265
   SUITE 1265
   LOS ANGELES, California 90025
Mailing Address:    Marc E. Hankin
   Hankin Patent Law, APC
   Suite 1265
   12400 Wilshire Boulevard
   Los Angeles, California 90025
        
Serial Number: 88464072
Internet Transmission Date: Wed Jan 08 20:22:00 EST 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020010820220050
3655-88464072-70074d9e7c8694a2dcfe6f6ebc
3fab403d4ad71b6d9782e4fb4321fe60b211ea12
-N/A-N/A-20200108191022984822