Examiners Amendment

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  November 12, 2019

 

In a previous Office action dated September 23, 2019, applicant was required to satisfy the following requirements:  amend the identification of goods and services and comply with any applicable multiple-class application requirements.  Applicant also was advised of the existence of one prior-filed application. 

 

Based on applicant’s response, the trademark examining attorney notes that applicant provided amendments to the identification.  See TMEP §§713.02, 714.04. 

 

Moreover, applicant has explained that the owner of the prior-filed application is a wholly-owned subsidiary of applicant.  Thus, the prior-filed application does not present a bar to registration of the present application.

 

Application has been amended as shown below.  As agreed to by John H. Thomas on November 12, 2019, the examining attorney has amended the application as shown below. 

 

IDENTIFICATION OF GOODS AND SERVICES AMENDED

 

The identification of goods and services is amended to read as follows (amendments in bold): 

 

Class 8: Network infrastructure installation tools, namely, cable preparation tools for preparing telecommunication cables for connector attachment in the nature of hand-operated tools for stripping and crimping telecommunication cables; fiber installation tools and accessories, namely, hand-operated tools for splicing, terminating and connecting fiber optic cables and connectors; raceway installation tools, namely, hand-operated tools for drilling, cutting and connecting telecommunication cable management raceways; wireless installation hand tools, namely, hand-operated tools for stripping and crimping network and telecommunication cables; Cable termination and cable connection tools, namely, hand-operated tools for cutting, stripping, terminating, crimping and connecting telecommunication cables; manual hoists, namely, hoisting grips for telecommunications cables and metal support clamps

 

Class 9: Antennas, namely, base station antennas, dual-polarized antennas, remote electrical tilt antennas, point to point antennas, microwave antennas, radio frequency antennas, and broadband antennas; radiating radio frequency telecommunication cables; base station and in-building wireless equipment, namely, indoor antennas, distributed antennas, fiber-based distributed antennas, and radio-over-fiber distributed antennas; wireless radio transmitters, and receivers, transceivers, sound amplifiers and digital signal processors for repeating, reshaping and reformatting data signals; control and diagnostic systems for wireless telecommunications base station antennas, namely, handheld remote electrical downtilt diagnostic electric controllers; Cable Assemblies, namely, copper telecommunications cable assemblies, fiber optic cable assemblies, pre-terminated fiber-optic cables, and pre-terminated RF jumper cables; Cable Routing and Management Equipment, namely, horizontal and vertical cable manager racks for supporting, organizing and protecting multiple telecommunication cables, fiber optic cable raceways, cable runway racks for supporting, organizing and protecting multiple telecommunication cables, and shelving mounting racks for telecommunications hardware; communications cable accessories, namely, surge protectors and cable pathway plastic conduits for holding coaxial cables, fiber optic cables, twisted pair cables and hybrids thereof; metal cabinets specially adapted to protect telecommunications equipment in the nature of telecommunication cables and runway and horizontal and vertical cable manager housings for supporting, organizing and protecting multiple telecommunication cables; optical cable parts, namely, fiber optic cable outlets, and fiber optic cable termination units; blank fiber optic storage devices, namely, storage racks for storing fiber optic cables; Communications cables, namely, coaxial cables, fiber optic cables, twisted pair telecommunication cables and hybrid fiber optic cables, patch telecommunication cables, jumper cables and trunk cables in the nature of telecommunication cables; telecommunications cables, namely, electrical transmission lines used for wireless applications; remote electrical tilt cables; communications cable connectors for coaxial, fiber optic and twisted pair cables and hybrids thereof; electrical and fiber optic connector plugs; fiber-optic closures and terminals in the nature of fiber-optic cable junction box housings and telecommunication cable connecting blocks for connecting the terminal ends of cables; plug adaptors; coaxial and fiber-optic cable taps; communications and data cable connector accessories, namely, protective weatherproofing silicone rubber molded boot sheaths designed to seal and protect electrical, RF, and fiber optic cable connections; telecommunication wall jacks; Radio Access Network products, namely, distributed antenna systems consisting of radio-frequency antennas, RF repeater systems consisting of repeaters for cellular radio communication, small RF cells, and associated downloadable software for powering, managing, designing and testing these systems; wireless distribution system comprising waveguides, elliptical waveguides, rigid and flexible waveguides, and elliptical waveguide cables; portable reading apparatus for radio frequency identification (RFID), namely, RFID readers; cased or framed control apparatus consisting of system electrical controllers, logic analyzers, and gateways mounted on electrical switch plates and frames that unite and group data to communicate with software; portable communication and power modules, namely, integrated circuit modules for the operation of a data communication system within a fiberglass hub and enabling communication via wireless connection with software and mobile devices; products for radio frequency identification (RFID), namely, labels in the nature of radio frequency identification tags, RFID readers, and handheld RFID readers; electronic apparatus for monitoring, measuring, testing and controlling electrical signals; downloadable computer systems software for processing communications signals associated with geolocation devices, managing and controlling telecommunications equipment and systems from remote locations and evaluating wireless voice and data transmissions; downloadable software for use in designing, installing, operating, optimizing and maintaining telecommunications equipment; data transmission apparatus in the field of telecommunication transmission; digital optical transmission apparatus for transmission of telecommunications data; apparatus for transmission of sound and images; optical electronic communications equipment, namely, optical network units in the nature of communication interface devices for communication links, fiber optic transceivers, fiber optic repeaters, optical amplifiers, optical transmitters, optical nodes, optical receivers, optical electronic components in the nature of optical cables, optical data links, and optical transceivers; data processing apparatus in the field of telecommunication transmission; computers for use in the field of telecommunication transmission; downloadable computer software for managing, monitoring, visualizing and optimizing data center infrastructure and its performance and for centralized control and management of computing and network devices distributed throughout an organization providing networking and storage services; signal splitters for electronic apparatus, namely, fiber-optic signal splitters; optical couplers, namely, outside plant optical coupler; RF amplifiers, RF signal splitters for electronic apparatus, terminations in the nature of electrical terminators, and electrical signal attenuators; optical filters and electronic combiners for connecting antennas and receivers; multiplexers; tower mounted amplifiers; drop amplifiers; electrical termination blocks; RF conditioning products for outdoor cell sites, namely, radio-frequency controlled transmitters; distribution enclosures, namely, electrical distribution boxes; copper splice closures, namely, splices for electrical transmission lines; fiber splice enclosures namely, splices for fiber optic transmission lines; FTTA enclosures, namely, junction boxes; FTTA shelves, namely, mounting racks for fiber optic junction boxes; fiber panels and cassettes, namely, fiber-optic control panels for connecting multiple data and fiber optic devices; copper panels and cassettes, namely, copper telecommunications signal control panels for connecting multiple data and electrical devices; mounting racks and cabinets for telecommunications hardware; fiber-optic mounting racks and panels for telecommunication hardware; telecommunication fiber optic and copper telecommunications control patch panels for housing patch telecommunication cables; battery cases for housing back-up batteries; metal cabinets specially adapted to protect telecommunications equipment in the nature of power supplies and electronic equipment for telecommunications systems; DC-DC power convertors for use with patch panels in communications and data infrastructure network systems; power supply converters for use with antennas and transceivers; telecommunications apparatus and instruments, namely, mechanical splices for optical and telecommunications transmission lines, tool-less splices for optical and telecommunications transmission lines, modular building termination optical and electrical blocks, fiber management hardware in the nature of fiber optic cable raceways, fiber optic distribution frames, namely, fiber optic distribution boxes; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electrical or optical signals, namely, telecommunications equipment in the nature of fiber optic splice closures, fiber optic splice and telecommunications cable housings, fiber optic splice and telecommunications cable distribution boxes, fiber management hardware in the nature of fiber optic cable raceways, fiber optic and telecommunications cable distribution frame housings, fiber optic or telecommunications cable connectors, fiber optic and telecommunications cable plugs, fiber optic and telecommunications cable adapters, fiber optic splices for optical transmission lines, fiber optic splice trays in the nature of fiber optic splice closures, and fiber optic splice cassettes; fiber storage baskets, namely, mounting racks for telecommunications hardware; cable and wiring outlet face plates, namely, telecommunications cable faceplates for telecommunication cables and wiring, surface mount zone electrical distribution boxes, and wall electrical switches; communications systems equipment, namely, for voice, data, and video utilized in the cable television, telephone, and power industries in the nature of electronic communications systems comprised of computer hardware and downloadable software for the transmission of data between two points; computer hardware for telecommunications; cable television, wireless communication, head end and central office video servers, video processors, video receivers, set top boxes, multimedia terminal electrical adapters, network routers, modems, cable modems and cable modem termination systems comprising switches, processors, volatile memories, non-volatile memories, input and output ports, input and output interface circuitry and downloadable software to manage and control the switches, processors, volatile memories, non-volatile memories, input and output ports and input and output interface circuitry for routing and managing communications traffic; downloadable software for operational management and service of cable television; computer hardware and computer peripherals; soundbar speakers; Computer hardware and downloadable software for setting up and configuring local area networks; Computer hardware and downloadable software for setting up and configuring wide area networks; Computer networking hardware; Computer hardware, namely, wireless access points (WAP) devices, wireless network repeaters, wireless network extenders and wireless local area network (WLAN) controllers; Downloadable computer software for networking and wireless applications; Downloadable computer software and computer hardware for wireless content delivery, and for setting up and configuring computer networks; Downloadable computer software for administration of computer local area networks; LAN (local area network) access points for connecting network computer users; LAN (local area network) hardware; Downloadable LAN (local area network) operating software; ethernet-over-VDSL access aggregators, terminators and repeaters, and remote presence management products, namely, switches, and console, alarm, sensor and power management devices; Wireless adapters for computers; Wireless adapters used to link computers to a telecommunications network; Wireless communication devices for voice, data or image transmission; Downloadable computer software and computer hardware for wireless content delivery; Downloadable computer software and computer hardware for creating, operating and managing wireless, mobile, LAN (local area network) and WAN (wide area networks); Downloadable VPN (virtual private network) operating software; PoE (Power over Ethernet) switches, downloadable computer software for wireless content delivery; LAN (local area network) computer cards for connecting portable computer devices to computer networks and the Internet; telecommunication and data networking hardware, namely, devices for transporting and aggregating voice, data and video communications across multiple network infrastructures and communication protocols; downloadable computer application software for mobile phones, namely, software for creating, operating and managing wireless, mobile, local area (LAN), and wide area (WAN) networks; downloadable computer application software, namely, software for creating, operating and managing wireless, mobile, local area (LAN), and wide area (WAN) networks; downloadable computer software for telecommunications, namely, software for the administration of local area (LAN) and wide area (WAN) networks consisting of computer networking hardware, networked modems, lighting, cameras, speakers, HVAC systems and sensors, air quality sensors, temperature sensors, humidity sensors, water and moisture sensors, wind sensors, security systems, motion sensors and door locks, home automation hubs and autonomous devices in the internet of things (IoT); downloadable computer software for wireless content delivery; downloadable software for connecting, operating, and managing networked modems, lighting, cameras, speakers, HVAC systems and sensors, air quality sensors, temperature sensors, humidity sensors, water and moisture sensors, wind sensors, security systems, motion sensors and door locks, home automation hubs and autonomous devices in the internet of things (IoT); computer hardware for connecting, operating, and managing networked modems, access points, lighting, cameras, speakers, HVAC systems and sensors, air quality sensors, temperature sensors, humidity sensors, water and moisture sensors, wind sensors, security systems, motion sensors and door locks, home automation hubs and autonomous devices in the internet of things (IoT); downloadable computer software and computer hardware for the application and management of software-defined networking technology in a wide area network (SD-WAN); downloadable computer software for networking and wireless applications

 

Class 35: Retail store services featuring telecommunications hardware and software; Computerized on-line retail store services in the field of telecommunications hardware and software; Connecting qualified service providers with consumers; Providing a website for connecting sellers with buyers; Computer software for networking and wireless applications

 

Class 42: Technical support services, namely, troubleshooting in the nature of diagnosing performance of telecommunication equipment for retrieval of data through automated attendant services; development, maintenance and updating of telecommunications and radio frequency software systems and development of telecommunications and radio frequency network hardware; design and development of telecommunications networks; data automation and collection service using proprietary software to evaluate, analyze and collect service data; data and voice encryption services; product testing in the field of telecommunications; application service provider, namely, providing, hosting, managing, developing, and maintaining applications, software, websites, and databases in the field of wireless communication and mobile information access; network infrastructure services, namely, engineering of telecommunications and radio frequency related products, equipment, devices and components, namely, wireless devices for transmitting and receiving communication signals, and radio frequency antennas, telecommunication cables, filters, combiners and duplexers; Computer software and hardware design, engineering, and product development in the field of telephony, cable television, wireless communication, broadband and optical fiber networks; technology consultation in the field of telecommunications; Cloud computing featuring software for use networking and wireless applications; Consulting services in the field of cloud computing; Design and development of computer software for networking and wireless applications; Technical consulting services in the fields of datacenter architecture, public and private cloud computing solutions, and evaluation and implementation of internet technology and services; Technical support services, namely, remote and on-site infrastructure management services for monitoring, administration and management of public and private cloud computing IT and application systems; technical support services, namely, remote and on-site support for home networking devices featuring troubleshooting in the nature of diagnosing computer hardware and software problems; Providing online nondownloadable computer systems software for processing communications signals associated with geolocation devices, managing and controlling telecommunications equipment and systems from remote locations and evaluating wireless voice and data transmissions; providing online nonndownloadable software for use in designing, installing, operating, optimizing and maintaining telecommunications equipment; providing online nondownloadable computer software for managing, monitoring, visualizing and optimizing data center infrastructure and its performance and for centralized control and management of computing and network devices distributed throughout an organization providing networking and storage services; providing online nondownloadable software for setting up and configuring local area networks; providing online nondownloadable software for setting up and configuring wide area networks; providing online nondownloadable computer software for networking and wireless applications; providing online nondownloadable computer software for wireless content delivery, and for setting up and configuring computer networks; providing online nondownloadable computer software for administration of computer local area networks; providing online nondownloadable LAN (local area network) operating software; providing online nondownloadable computer software for wireless content delivery; providing online nondownloadable computer software for creating, operating and managing wireless, mobile, LAN (local area network) and WAN (wide area networks); providing online nondownloadable VPN (virtual private network) operating software; providing online nondownloadable computer application software for mobile phones, namely, software for creating, operating and managing wireless, mobile, local area (LAN), and wide area (WAN) networks; providing online nondownloadable computer application software, namely, software for creating, operating and managing wireless, mobile, local area (LAN), and wide area (WAN) networks; providing online nondownloadable computer software for telecommunications, namely, software for the administration of local area (LAN) and wide area (WAN) networks consisting of computer networking hardware, networked modems, lighting, cameras, speakers, HVAC systems and sensors, air quality sensors, temperature sensors, humidity sensors, water and moisture sensors, wind sensors, security systems, motion sensors and door locks, home automation hubs and autonomous devices in the internet of things (IoT); providing online nondownloadable computer software for the application and management of software-defined networking technology in a wide area network (SD-WAN); providing online nondownloadable computer software for networking and wireless applications

 

See TMEP §§1402.01, 1402.01(e).

 

Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

 

 

 

 

Melissa S. Winter

/Melissa S. Winter/

Examining Attorney

Law Office 122

571-272-7913

Melissa.Winter@uspto.gov

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on November 12, 2019 for

U.S. Trademark Application Serial No. 88473323

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

Melissa S. Winter

/Melissa S. Winter/

Examining Attorney

Law Office 122

571-272-7913

Melissa.Winter@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”