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)

---

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. 88474485 ZYMOT(Standard Characters, see http://uspto.report/TM/88474485/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 009 for Microfluidic and macrofluidic devices providing cell and particle analysis, detection, or counting for scientific, laboratory, biosecurity, forensic, life science, and general research uses; Scientific and measuring devices, namely, laboratory apparatus used to sort, measure, analyze and separate cells for scientific, laboratory, biosecurity, forensic, life science, and general research uses; Research instruments, namely, microfluidic and macrofluidic devices providing cell and particle analysis, detection, or counting for scientific, laboratory, biosecurity, forensic, life science and general research uses; Integrated software sold as a unit with the foregoing goods; Scientific apparatus comprised of one or more of the following, microelectromechanical devices (MEMS) in the nature of electronic sensors and actuators, microfluidic devices, and optical sensors and components therefor, all used for sampling fluids and performing fluid analysis; Scientific instrument in the nature of microfluidic and macrofluidic devices for processing samples for the preparation and analysis of biomolecules; Fluidic-based instrumentation for sperm sorting for laboratory use, namely, sperm cell sorters; Sperm cell sorting or separating devices comprising microfluidic and macrofluidic devices
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/26/2018 and first used in commerce at least as early as 04/26/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Microfluidic and macrofluidic devices providing cell and particle analysis, detection, or counting for scientific, laboratory, biosecurity, forensic, life science, and general research uses; Scientific and measuring devices, namely, laboratory apparatus used to sort, measure, analyze and separate cells for scientific, laboratory, biosecurity, forensic, life science, and general research uses; Research instruments, namely, microfluidic and macrofluidic devices providing cell and particle analysis, detection, or counting for scientific, laboratory, biosecurity, forensic, life science and general research uses; Integrated software sold as a unit with the foregoing goods; Integrated operating software sold as a unit with the foregoing goods; Scientific apparatus comprised of one or more of the following, microelectromechanical devices (MEMS) in the nature of electronic sensors and actuators, microfluidic devices, and optical sensors and components therefor, all used for sampling fluids and performing fluid analysis; Scientific apparatus, namely, research laboratory analyzers comprised of one or more of the following, microelectromechanical devices (MEMS) in the nature of electronic sensors and actuators, microfluidic devices, and optical sensors and components therefor, all used for sampling fluids and performing fluid analysis; Scientific instrument in the nature of microfluidic and macrofluidic devices for processing samples for the preparation and analysis of biomolecules; Scientific instrument, namely, research laboratory analyzers in the nature of microfluidic and macrofluidic devices for processing samples for the preparation and analysis of biomolecules; Fluidic-based instrumentation for sperm sorting for laboratory use, namely, sperm cell sorters; Sperm cell sorting or separating devices comprising microfluidic and macrofluidic devicesClass 009 for Microfluidic and macrofluidic devices providing cell and particle analysis, detection, or counting for scientific, laboratory, biosecurity, forensic, life science, and general research uses; Scientific and measuring devices, namely, laboratory apparatus used to sort, measure, analyze and separate cells for scientific, laboratory, biosecurity, forensic, life science, and general research uses; Research instruments, namely, microfluidic and macrofluidic devices providing cell and particle analysis, detection, or counting for scientific, laboratory, biosecurity, forensic, life science and general research uses; Integrated operating software sold as a unit with the foregoing goods; Scientific apparatus, namely, research laboratory analyzers comprised of one or more of the following, microelectromechanical devices (MEMS) in the nature of electronic sensors and actuators, microfluidic devices, and optical sensors and components therefor, all used for sampling fluids and performing fluid analysis; Scientific instrument, namely, research laboratory analyzers in the nature of microfluidic and macrofluidic devices for processing samples for the preparation and analysis of biomolecules; Fluidic-based instrumentation for sperm sorting for laboratory use, namely, sperm cell sorters; Sperm cell sorting or separating devices comprising microfluidic and macrofluidic devices;
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/26/2018 and first used in commerce at least as early as 04/26/2018 , and is now in use in such commerce.
Applicant proposes to amend the following:
Current: Class 010 for Medical diagnostic apparatus for testing biological fluids for infection and disease; Medical devices, namely, apparatus used to sort, measure, analyze and separate cells in the fields of clinical therapeutics, assisted reproduction and fertility treatment; Medical and diagnostic medical instruments, namely, microfluidic and macrofluidic devices providing cell and particle analysis, detection, or counting for medical, clinical, medical diagnostic, and therapeutic uses; Integrated software sold as a unit with the foregoing medical instruments; Medical apparatus and instruments for sorting sperm
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/26/2018 and first used in commerce at least as early as 04/26/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Medical diagnostic apparatus for testing biological fluids for infection and disease; Medical devices, namely, apparatus used to sort, measure, analyze and separate cells in the fields of clinical therapeutics, assisted reproduction and fertility treatment; Medical and diagnostic medical instruments, namely, microfluidic and macrofluidic devices providing cell and particle analysis, detection, or counting for medical, clinical, medical diagnostic, and therapeutic uses; Medical and diagnostic medical instruments, namely, microfluidic and macrofluidic devices providing cell and particle analysis, detection, or counting for medical treatment, clinical, medical diagnostic, and therapeutic uses; Integrated software sold as a unit with the foregoing medical instruments; Integrated operating software sold as a component of the foregoing medical instruments; Medical apparatus and instruments for sorting spermClass 010 for Medical diagnostic apparatus for testing biological fluids for infection and disease; Medical devices, namely, apparatus used to sort, measure, analyze and separate cells in the fields of clinical therapeutics, assisted reproduction and fertility treatment; Medical and diagnostic medical instruments, namely, microfluidic and macrofluidic devices providing cell and particle analysis, detection, or counting for medical treatment, clinical, medical diagnostic, and therapeutic uses; Integrated operating software sold as a component of the foregoing medical instruments; Medical apparatus and instruments for sorting sperm
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/26/2018 and first used in commerce at least as early as 04/26/2018 , and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: DXNow, Inc., a corporation of Delaware, having an address of
      401 Professional Drive, Ste. 130
      Gaithersburg, Maryland 20879
      United States

Proposed: DXNow, Inc., a corporation of Delaware, having an address of
      401 Professional Drive, Ste. 130
      Gaithersburg, Maryland 20879
      United States
      Email Address: bsharp@dxnowinc.com

The owner's/holder's current attorney information: Emily E. Campbell. Emily E. Campbell of DUNLAP CODDING, P.C., is located at

      P.O. BOX 16370
      OKLAHOMA CITY, Oklahoma 73113
      United States
The docket/reference number is 1379.004.
      The email address is ecampbell@dunlapcodding.com

The owner's/holder's proposed attorney information: Emily E. Campbell. Emily E. Campbell of DUNLAP CODDING, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      P.O. BOX 16370
      OKLAHOMA CITY, Oklahoma 73113
      United States
The docket/reference number is 1379.004.
      The email address is ecampbell@dunlapcodding.com

Emily E. Campbell 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.Correspondence Information (current):
      EMILY E. CAMPBELL
      PRIMARY EMAIL FOR CORRESPONDENCE: ecampbell@dunlapcodding.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@dunlapcodding.com

The docket/reference number is 1379.004.
Correspondence Information (proposed):
      Emily E. Campbell
      PRIMARY EMAIL FOR CORRESPONDENCE: ecampbell@dunlapcodding.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@dunlapcodding.com; jakehurst@dunlapcodding.com

The docket/reference number is 1379.004.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /emilyecampbell/     Date: 03/04/2020
Signatory's Name: Emily E. Campbell
Signatory's Position: Attorney of record, Oklahoma Bar Association

Signatory's Phone Number: 4056078600

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:    EMILY E. CAMPBELL
   DUNLAP CODDING, P.C.
   
   P.O. BOX 16370
   OKLAHOMA CITY, Oklahoma 73113
Mailing Address:    Emily E. Campbell
   DUNLAP CODDING, P.C.
   P.O. BOX 16370
   OKLAHOMA CITY, Oklahoma 73113
        
Serial Number: 88474485
Internet Transmission Date: Wed Mar 04 15:47:53 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020030415475386
6247-88474485-710ae51ac64465c71f38a95295
93adc7fc69fae1e71d52fbc9ef165322165788-N
/A-N/A-20200304135321132715