Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

NOTICE THAT PROCESSING OF

REQUEST TO DIVIDE APPLICATION IS COMPLETED

No Response Required

Issue date:  October 7, 2019

The request to divide application serial no. 88301951 filed on August 19, 2019, has been processed as follows:

(1)    Parent (original) application serial no. 88301951 contains the following goods:   

Glass cleaners; glass cleaning and care kits comprised of cleaning fluid, a cleaning cloth, and a camera lens cap class(es):  3. 

A full-length flat panel display screen that enables the user to watch himself or herself and video content simultaneously on a single display class(es): 9.

(2)    Child application serial no. 88975957 contains the following goods and services:

Downloadable computer software, namely, a mobile phone application used in connection with a full-length flat panel display screen that enables the user to watch himself or herself and video content simultaneously on a single display; Digital media, namely, downloadable audio and audiovisual recordings, all in the field of exercise, fitness, wellness and personal development; downloadable software in the nature of an application for use by individuals participating in exercise classes, physical training, and exercise instruction for detecting, storing and reporting daily human energy expenditure and physical activity level, for developing and monitoring personal activity and exercise plans, training goals and giving feedback on the achieved results class(es):  9. 

Heart rate monitors class(es): 10.

Stretch bands used for yoga and physical fitness purposes; kits comprised of physical fitness bands and a heart rate monitor, sold as a unit class(es): 28.

Streaming of audio and video materials on the Internet featuring physical fitness classes, training, and instruction class(es): 38.

Providing classes, workshops and seminars in the fields of fitness and exercise, all accessible through a global computer network and mobile devices; physical fitness instruction and consultation accessible through a global computer network and mobile devices; physical fitness conditioning classes accessible through a global computer network and mobile devices; physical fitness training services accessible through a global computer network and mobile devices; providing information on exercise and physical fitness accessible through a global computer network and mobile devices class(es): 41.

37 C.F.R. §2.87; see TMEP §§1110 et seq. 

The examining attorney will be notified of the completed request to divide.  Please note that the filing of a request to divide an application is not considered a proper response to an examining attorney’s Office action and does not relieve an applicant of the duty to respond to any outstanding Office action or to take any other required action.  37 C.F.R. §2.87(e); TMEP §1110.05. 

TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE:  Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application.  See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820.  TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services.  37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04.  However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.  

Direct questions about this notice to the assigned Intent-to-use staff member below.

Concetta A. Butler

Paralegal Specialist

ITU Divisional

Office (571) 272-9494

Fax (571) 273 -9494

e-mail:concetta.butler@uspto.gov