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. 88902853 TELEPHYSICS(Standard Characters, see http://uspto.report/TM/88902853/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Downloadable software and mobile applications in the field of radiology and medical imaging; Radiology imaging apparatus, namely, image data capturing, processing, and image data transmitting apparatus for use with X-ray and CAT scan machines; Downloadable software for providing an interactive dashboard user interface that provides radiation exposure level metrics in the field of radiation safety; Computer hardware and software for image capture, image processing, image reception, and image scanning, reporting, archiving, and image transmission to cloud based software and dashboards
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: Downloadable software and mobile applications in the field of radiology and medical imaging; Downloadable software and mobile applications for processing and displaying images in the field of radiology and medical imaging and management of data in the field of medical imaging; Radiology imaging apparatus, namely, image data capturing, processing, and image data transmitting apparatus for use with X-ray and CAT scan machines; Downloadable software for providing an interactive dashboard user interface that provides radiation exposure level metrics in the field of radiation safety; Computer hardware and recorded computer software, and downloadable software for image capture, image processing, image reception, and image scanning, reporting, archiving, and image transmission to cloud based software and dashboards; Computer hardware and software for image capture, image processing, image reception, and image scanning, reporting, archiving, and image transmission to cloud based software and dashboardsClass 009 for Downloadable software and mobile applications for processing and displaying images in the field of radiology and medical imaging and management of data in the field of medical imaging; Downloadable software for providing an interactive dashboard user interface that provides radiation exposure level metrics in the field of radiation safety; Computer hardware and recorded computer software, and downloadable software for image capture, image processing, image reception, and image scanning, reporting, archiving, and image transmission to cloud based software and dashboards;
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.

Applicant proposes to amend the following:

Current:
Class 042 for Software as a service (SAAS) services featuring software to receive, aggregate, process, and access real-time, vital information from medical imaging instruments and devices; Software as a service (SAAS) services featuring software for analyzing computed tomography protocols and preparing scientific reports and recommendations in the field of radiation dose and dosimetry monitoring; Software as a service (SAAS) in the field of radiology and medical imaging; Providing a website featuring non-downloadable computer software in the field of radiology and medical imaging; Providing online, non-downloadable software that analyzes data, generates reports and provides dashboard analytics in the field of radiology and medical imaging
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: Software as a service (SAAS) services featuring software to receive, aggregate, process, and access real-time, vital information from medical imaging instruments and devices; Software as a service (SAAS) services featuring software for analyzing computed tomography protocols and preparing scientific reports and recommendations in the field of radiation dose and dosimetry monitoring; Software as a service (SAAS) in the field of radiology and medical imaging; Software as a service (SAAS) services featuring software for data collection, analysis, and reporting on radiation dose data and data in the fields of medical imaging and medical dosimetry; Providing a website featuring non-downloadable computer software in the field of radiology and medical imaging; Providing a website featuring non-downloadable computer software for processing and displaying images in the field of radiology and medical imaging and management of data in the field of medical imaging; Providing online, non-downloadable software that analyzes data, generates reports and provides dashboard analytics in the field of radiology and medical imagingClass 042 for Software as a service (SAAS) services featuring software to receive, aggregate, process, and access real-time, vital information from medical imaging instruments and devices; Software as a service (SAAS) services featuring software for analyzing computed tomography protocols and preparing scientific reports and recommendations in the field of radiation dose and dosimetry monitoring; Software as a service (SAAS) services featuring software for data collection, analysis, and reporting on radiation dose data and data in the fields of medical imaging and medical dosimetry; Providing a website featuring non-downloadable computer software for processing and displaying images in the field of radiology and medical imaging and management of data in the field of medical imaging; Providing online, non-downloadable software that analyzes data, generates reports and provides dashboard analytics in the field of radiology and medical imaging;
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.

Applicant proposes to amend the following:

Current:
Class 044 for Consulting and advisory services in the field of radiation monitoring; Consulting and advisory services in the field of medical imaging; Consulting and advisory services in the field of radiation oncology; Monitoring and benchmarking of radiation dose data and alerts for dosimetry monitoring; Health and safety services in the field of medical imaging, radiation oncology, radiation monitoring, and medical dosimetry; Providing information, advice, and recommendations in the field of medical imaging and medical dosimetry; Analyzing patient radiation dose data and preparing scientific reports for dosimetry monitoring and medical purposes; Providing health information, namely, providing health reports about the monitoring of periodic dosimeter doses of individuals; Consulting and advisory services in the field of radiation monitoring to optimize the radiation dose delivered to patients; Consulting and advisory services, namely, providing information on optimizing imaging protocols; Providing information and recommendations to improve medical imaging and impact radiation dose performance; Providing information, advice, and recommendations on radioactive material placement or removal in patients, radioactive material measurement, calculation of dosing delivered to patients and others exposed to radiation, and consultation and treatment planning with radiation oncologists; Medical imaging services; Radiation oncology services; Health and safety services, namely, personnel radiation dosimetry services; Providing information, advice and data on medical imaging; Providing information, advice, and recommendations in the field of medical imaging and medical dosimetry; Monitoring and benchmarking of radiation dose data and alerts for dosimetry monitoring
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: Consulting and advisory services in the field of radiation monitoring; Consulting and advisory services in the field of radiation monitoring for medical purposes; Consulting and advisory services in the field of medical imaging; Consulting and advisory services in the field of radiation oncology; Monitoring and benchmarking of radiation dose data and alerts for dosimetry monitoring; Monitoring and benchmarking of radiation dose data and alerts for dosimetry monitoring for calculation of dosing delivered to patients and others exposed to radiation, to optimize the radiation dose delivered to patients, and for benchmarking for medical purposes; Health and safety services in the field of medical imaging, radiation oncology, radiation monitoring, and medical dosimetry; Providing information and advice in the field of medical imaging and medical dosimetry; Analyzing patient radiation dose data and preparing scientific reports for dosimetry monitoring for medical purposes; Analyzing patient radiation dose data and preparing scientific reports for dosimetry monitoring and medical purposes; Providing health information, namely, providing health reports about the monitoring of periodic dosimeter doses of individuals; Consulting and advisory services in the field of radiation monitoring to optimize the radiation dose delivered to patients; Consulting and advisory services, namely, providing information on optimizing medical imaging protocols; Consulting and advisory services, namely, providing information on optimizing imaging protocols; Providing information and recommendations to improve medical imaging and impact radiation dose performance; Providing medical information, advice, and recommendations on radioactive material placement or removal in patients, radioactive material measurement, calculation of dosing delivered to patients and others exposed to radiation, and consultation and treatment planning with radiation oncologists; Providing information, advice, and recommendations on radioactive material placement or removal in patients, radioactive material measurement, calculation of dosing delivered to patients and others exposed to radiation, and consultation and treatment planning with radiation oncologists; Medical imaging services; Medical services, namely, personnel radiation medical dosimetry services; Radiation oncology services; Providing information, advice and data on medical imaging; Health and safety services, namely, personnel radiation dosimetry services; Providing information, advice, and recommendations in the field of medical imaging and medical dosimetry; Providing information, advice, and recommendations in the field of medical imaging and medical dosimetry; Monitoring and benchmarking of radiation dose data and alerts for dosimetry monitoringClass 044 for Consulting and advisory services in the field of radiation monitoring for medical purposes; Consulting and advisory services in the field of medical imaging; Consulting and advisory services in the field of radiation oncology; Monitoring and benchmarking of radiation dose data and alerts for dosimetry monitoring for calculation of dosing delivered to patients and others exposed to radiation, to optimize the radiation dose delivered to patients, and for benchmarking for medical purposes; Providing information and advice in the field of medical imaging and medical dosimetry; Analyzing patient radiation dose data and preparing scientific reports for dosimetry monitoring for medical purposes; Providing health information, namely, providing health reports about the monitoring of periodic dosimeter doses of individuals; Consulting and advisory services in the field of radiation monitoring to optimize the radiation dose delivered to patients; Consulting and advisory services, namely, providing information on optimizing medical imaging protocols; Providing information and recommendations to improve medical imaging and impact radiation dose performance; Providing medical information, advice, and recommendations on radioactive material placement or removal in patients, radioactive material measurement, calculation of dosing delivered to patients and others exposed to radiation, and consultation and treatment planning with radiation oncologists; Medical imaging services; Medical services, namely, personnel radiation medical dosimetry services; Providing information, advice and data on medical imaging; Providing information, advice, and recommendations in the field of medical imaging and medical dosimetry;
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.
Correspondence Information (current):
      CALDWELL A. CAMERO
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@fluke.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Caldwell A. Camero
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@fluke.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

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: /Caldwell Camero/     Date: 08/31/2020
Signatory's Name: Caldwell A. Camero
Signatory's Position: Sr. Global Trademark Counsel

Signatory's Phone Number: 4254465596

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:    CALDWELL A. CAMERO
   FLUKE CORPORATION
   
   6920 SEAWAY BLVD.
   EVERETT, Washington 98203
Mailing Address:    Caldwell A. Camero
   FLUKE CORPORATION
   6920 SEAWAY BLVD.
   EVERETT, Washington 98203
        
Serial Number: 88902853
Internet Transmission Date: Mon Aug 31 18:47:25 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202008311847253
62606-88902853-750e996531240b2428bd3e153
9f5ab1d428642f3e1c2ae2948afab35c38d99ab7
8-N/A-N/A-20200831143955337165