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:  November 12, 2019

The request to divide application serial no. 88/025012 filed on October 29, 2019, has been processed as follows:

(1)  Parent (original) application serial no. 88/025012 contains the following goods (Goods: glucosamine sulphate and chondroitin formula, chitosan oligosaccharides, MSM in the form of tablets for relieving joint pain and symptoms related to arthritis and osteoarthritis and for contributing to the formation of healthy cartilage; plant extracts in the form of capsules for improving the health, for reducing the frequency of climateric episodes (hot flashes), improving the neurovegetative state associated with menopause, improving blood cholesterol levels, alleviating excessive perspiration and enabling regulation of a disrupted sleep cycle; Natural products for human use, namely, meal replacements in the form of meal replacement bars which taste like peanuts, crème caramel, fruit, chocolate, apple-cinnamon, coffee, granola and chocolate chips to assist in weight loss and weight maintenance; Natural products for human use, namely, a vitamin and mineral supplement formula to remedy vitamin and mineral deficiencies; plant extract formulas with calming antioxidant properties, plant extract formulas possessing immune system benefits, to help balance mood swings, aiming at palliating the reduction of estrogen in menopausal women, antioxidants in the form of tablets, for maintaining good health; Natural products for human use, namely, plant extracts in the form of capsules, with purifying, eliminative, diuretic and laxative actions; Natural products for human use, namely, oligosaccharide chitosan capsules assisting in controlling cholesterol; Natural products for human use, namely, chitosan oligosaccharide ampoules and creams to soothe joint pain and act as anti-inflammatories for joints; Natural products for human use, namely, vitamin supplement formulas in the form of gelcaps for maintaining an appropriate level of antioxidants in the body to palliate oxidative stress; vitamin supplement formulas in the form of tablets to assist in balancing human metabolism, namely, carbohydrate levels and to assist in reducing homocysteine levels; mineral formulas in the form of capsules and tablets for remedying magnesium deficiencies; Natural products for human use, namely, a supplement formula made of vitamins, plants and adaptogenic roots in the form of energizing ampoules, to decrease hyperglycemia and stimulate weakened immune systems and cognitive functions; Natural products for human use, namely, plant and root extracts in the form of capsules and ampoules to assist in preventing and treating urinary tract infections, soothing respiratory symptoms stemming from a cold or flu, treating moderate Alzheimer's, facilitating digestion of food and to assist in reducing symptoms associated with digestive disorders; plant, root, and bark extracts in capsule form for treating lumbar pain, arthritis pain, rheumatic disorders; plant extracts in capsule form for soothing respiratory symptoms due to a cold or flu, the formula of which has proven to be an immuno-stimulant in preclinical studies; leaf, root, and bark extracts in the form of infusions, and capsules with a purifying, eliminative, diuretic and laxative action; Natural products for human use, namely, leaf, flower, and bark extracts in the form of capsules for combatting sleep disorders and reducing nervousness; Natural products for human use, namely, a vitamin supplement and antioxidant fruit extract formula in the form of capsules to assist in decreasing the duration and severity of cold symptoms, slowing down the development of atherosclerosis, improving blood circulation and blood pressure; a food supplement formula in the form of gelcaps containing soya lecithin and carthane oil to prevent memory disorders and hypercholesterolemia; plant extracts in the form of capsules to assist in fighting hypertension or hypercholesterolemia; a vitamin and mineral food supplement formula in the form of tablets to stimulate the appetite, treat acne and furunculosis; oils in the form of gelcaps rich in fatty acids and vitamin E for prostate health; Natural products for human use, namely, plant extracts and antioxidant roots and fish oils in the form of capsules, gelcaps, liquids, to assist in reducing the damage caused by oxidative stress, decreasing the risk of prostate cancer and lung cancer, coronary illnesses, to assist in treating rheumatoid arthritis, to improve muscular strength and endurance and to accelerate recovery after an injury, to soothe urological symptoms associated with benign prostate hyperplasia, to combat general fatigue, to assist in preventing macular degeneration associated with age, cataracts, the maintenance of proper retina functioning, the maintenance of cardiovascular and cognitive health, for preventing and treating urinary tract infections, to assist in diminishing the risks of prostate cancer and lung cancer, to assist in reducing the symptoms of light to moderate depression, improving memory and immune system activity; Natural products for human use, namely, yoghurt culture in the form of capsules contributing to the regulation of intestinal flora, stimulating the immune system; Natural products for human use, namely, potassium gluconate in the form of tablets for preventing hypokalemia and hypertension; Natural products for human use, namely, an essentially fatty acid formula in the form of gelcaps to assist in fighting eczema, premenstrual syndrome and menopausal symptoms; Natural products for human use, namely, chitin formula made from crustacean shells, organic beef trachea, chicken sternum extracts and standardized resin extracts in the form of capsules and tablets to assist in soothing osteoarthritis symptoms, to reduce joint pain, protect against cartilage deterioration resulting from chronic joint disorders and play a role in the maintenance and building of cartilage, diminish the pain associated with arthritis, assist in slowing the progression of joint erosion, reduce the risk of osteoporosis in arthritic patients; Natural products for human use, namely, a vitamin and mineral supplement formula in the form of capsules, tablets and ampoules for soothing the symptoms of menopause, relaxing muscles, reducing nervous tension, reducing premenstrual syndrome symptoms, decreasing edema, reducing the volume/circumference of the legs, decreasing pain and tension in the legs, maintaining bone mass, preventing osteoporosis, fighting fatigue associated with anemia, preventing anemia; Natural products for human use, namely, gel in the form of ampoules to combat aging; Natural products for human use, namely, soluble fibres in the form of capsules for intestinal regularity; Natural products for human use, namely, plant and mineral extracts in the form of capsules and liquids to promote intestinal regularity and to aid in digestion and purify (detoxify); Natural products for human use, namely, mineral formulas in the form of capsules and tablets to remedy calcium deficiencies  in class:  5.  To avoid abandonment, applicant must continue to file requests for extension of time to file a statement of use (extension requests) or a statement of use within the six-month period after the issuance of the notice of allowance or before expiration of a previously granted extension period.  37 C.F.R. §§2.88(a), 2.89(a)-(b).

(2)  Child application serial no. 88/976227 contains the following goods (Natural products for human use, namely, a formula composed of saw palmetto, pygeum, stinging nettle, white deadnettle, common heather and bearberry, all in the form of capsules for relieving benign prostate hyperplasia symptoms; collagen, in the form of tablets for relieving joint pain and symptoms related to arthritis and osteoarthritis and for contributing to the formation of healthy cartilage; Natural products for human use, namely, capsules containing plant extracts to assist in weight loss; Natural products for human use, namely, plant and vitamin extracts in the form of ampoules and capsules for soothing respiratory symptoms due to a cold, flu, bronchitis and for increasing the bio-availability of Vitamin C by decreasing its elimination and oxidation; Natural products for human use, namely, plant extracts in the form of infusions, with purifying, eliminative, diuretic and laxative actions; Natural products for human use, namely, a supplement formula made of vitamins, plants and adaptogenic roots in the form of energizing ampoules, to increase resistance to stress and decrease the feeling of fatigue; Natural products for human use, namely, a supplement formula made of adaptogenic plants and roots in the form of energizing ampoules, to increase resistance to stress and decrease the feeling of fatigue, to decrease hyperglycemia and stimulate weakened immune systems and cognitive functions; Natural products for human use, namely, plant and root extracts in the form of capsules and ampoules to assist in slowing the advancement of benign prostate hypertrophy, controlling sleep disorders; a fatty acid and vitamin formula in the form of capsules for physical endurance, cholesterol level management and for the maintenance of good health; Natural products for human use, namely, plant extracts and antioxidant roots and fish oils in the form of capsules, gelcaps, liquids, to improve the cognitive functions of patients suffering from Alzheimer's or minor memory disorders, to contribute to the development and proper functioning of the brain; Natural products for human use, namely, type II collagen containing chondroitin and hyaluronic acid in the form of capsules for maintaining connective tissues, namely, joints and skin; Natural products for human use, namely, gel in the form of ampoules to combat fatigue) in class:  5.  A statement of use filed on October 29, 2019, meets the minimum filing requirements and has been placed in the child application.  The statement of use will be routed to the examining attorney for examination and, if it does not meet all the statutory requirements, the examining attorney will notify the applicant.

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

The USPTO proposes to change federal trademark rules to require applicants and registrants to (1) file submissions concerning applications and registrations online using the USPTO’s Trademark Electronic Application System (TEAS) and (2) provide and maintain an accurate email address for receiving correspondence from the USPTO.  See the Mandatory Electronic Filing Rules webpage for more information.

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.

/Sly Douglas/

Sly Douglas

Paralegal Specialist

ITU/Div Unit

Phone:  51-272-9497

Email:  sly.douglas@uspto.gov