Notation to File

BIOTHERM

BioTherm Hydronic, Inc.

RE: 88512371 BIOTHERM Dear Examining Attorney Hoffman, This is in furtherance of our recent telephone call and correspondences below. The term “hydroponic water chillers” refers to chillers that are used to cool irrigation water used for soil-less (i.e. hydroponic) crops whereas the applicant’s chillers are used for cooling irrigation water used for both soil-less crops and crops planted in soil. The applicant’s chillers are also used in hydronics (i.e. closed-system heat transfer for air conditioning). Accordingly, I propose to replace “hydroponic water chillers” with “hydronic chillers” in the class 11 identification and to clarify that the water treatment apparatus also includes irrigation water chillers. The insertion of “in the nature of gas infusers” is acceptable to the applicant. So here is an alternative proposal: “heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor; heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor for horticultural use; environmental control equipment in the nature of heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor for greenhouses; environmental control equipment in the nature of hydronic water chillers, dehumidifiers and CO2 gas genera

NOTE TO THE FILE

SERIAL NUMBER: 88512371

DATE:    01/21/2020

NAME: choffman

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:

X   OTHER:

From: Derek Westberg <derek@westberglaw.com>
Sent: Monday, January 20, 2020 3:30 PM
To: Hoffman, Christopher <Christopher.Hoffman@USPTO.GOV>
Subject: RE: 88512371 BIOTHERM

Dear Examining Attorney Hoffman,

This is in furtherance of our recent telephone call and correspondences below. The term “hydroponic water chillers” refers to chillers that are used to cool irrigation water used for soil-less (i.e. hydroponic) crops whereas the applicant’s chillers are used for cooling irrigation water used for both soil-less crops and crops planted in soil. The applicant’s chillers are also used in hydronics (i.e. closed-system heat transfer for air conditioning).

Accordingly, I propose to replace “hydroponic water chillers” with “hydronic chillers” in the class 11 identification and to clarify that the water treatment apparatus also includes irrigation water chillers. The insertion of “in the nature of gas infusers” is acceptable to the applicant. So here is an alternative proposal:

“heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor; heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor for horticultural use; environmental control equipment in the nature of heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor for greenhouses; environmental control equipment in the nature of hydronic water chillers, dehumidifiers and CO2 gas generators for greenhouses; environmental control equipment in the nature of heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor for horticultural use; environmental control equipment in the nature of hydronic water chillers, dehumidifiers and carbon dioxide gas generators and diffusers for horticultural use; water treatment equipment, namely, apparatus in the nature of gas infusers for treatment of irrigation water by increasing its dissolved oxygen content; apparatus for heating irrigation water, namely, hot water heating installations; apparatus for cooling irrigation water, namely, irrigation water chillers and cooling installations for water; oxygen generators for processing water by increasing oxygen content in the water; water treatment equipment in the nature of irrigation water chillers; water treatment equipment in the nature of apparatus for infusing gas into liquid for treating irrigation water; water treatment equipment in the nature of gas infusers for treatment of irrigation water; water treatment equipment for treating irrigation water in the nature of gas infusers for infusing oxygen into water used for irrigating crops and plants; dehumidifiers for horticultural use; air conditioning apparatus for horticultural use; carbon dioxide enhancement systems in the nature of carbon dioxide generators and diffusers for horticultural use” in International Class 011

Please let me know if the above is acceptable.

Thank you,

Derek Westberg

From: Derek Westberg [mailto:derek@westberglaw.com]
Sent: Friday, January 17, 2020 11:00 AM
To: 'Hoffman, Christopher'
Subject: RE: 88512371 BIOTHERM

Good Day Examining Attorney Hoffman,

Thank you for your communications below. I am currently seeking input from the applicant regarding the suggested changes in order to confirm that they are accurate. I hope be able to respond to you soon.

Thank you,

Derek J. Westberg, Esq.

Westberg Law Offices

569 Clyde Ave., Ste. 530

Mountain View, CA 94043

Tel: 650.968.2041

Fax: 650.968.4383

Email: derek@westberglaw.com

________

NOTICE: This communication may contain privileged, proprietary and/or confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender and delete this communication and any attachments.

________

From: Hoffman, Christopher [mailto:Christopher.Hoffman@USPTO.GOV]
Sent: Friday, January 17, 2020 9:39 AM
To: derek@westberglaw.com
Subject: RE: 88512371 BIOTHERM

Good afternoon Mr. Westburg,

I am writing to follow-up on the below proposal to the identification of goods in IC011. Please let me know if you have any question. Thank you.

Best,

Christopher Hoffman

From: Hoffman, Christopher
Sent: Thursday, January 16, 2020 11:44 AM
To: derek@westberglaw.com
Subject: 88512371 BIOTHERM

Good Morning Mr. Westberg,

Thank you for your time on the earlier phone call. I would like to provide the amended identification of goods as to IC011 we discussed so you have the chance to review and mark up in hard copy. Please review and advise if the below proposal is acceptable. Please note changes are highlighted in bold font.

“heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor; heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor for horticultural use; environmental control equipment in the nature of heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor for greenhouses; environmental control equipment in the nature of hydroponic water chillers, dehumidifiers and CO2 gas generators for greenhouses; environmental control equipment in the nature of heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor for horticultural use; environmental control equipment in the nature of hydroponic water chillers, dehumidifiers and carbon dioxide gas generators and diffusers for horticultural use; water treatment equipment, namely, apparatus in the nature of gas infusers for treatment of irrigation water by increasing its dissolved oxygen content; apparatus for heating irrigation water, namely, hot water heating installations; apparatus for cooling irrigation water, namely, cooling installations for water; oxygen generators for processing water by increasing oxygen content in the water; water treatment equipment in the nature of apparatus for infusing gas into liquid for treating irrigation water; water treatment equipment in the nature of gas infusers for treatment of irrigation water; water treatment equipment for treating irrigation water in the nature of gas infusers for infusing oxygen into water used for irrigating crops and plants; dehumidifiers for horticultural use; air conditioning apparatus for horticultural use; carbon dioxide enhancement systems in the nature of carbon dioxide generators and diffusers for horticultural use” in International Class 011

Thank you again for your time.

Best,

Christopher Hoffman

U.S. Patent and Trademark Office

Trademark Examining Attorney

Law Office 128