To: | Lensar, Inc. (trademark@amintalati.com) |
Subject: | U.S. Trademark Application Serial No. 90759319 - ALLY ADAPTIVE CATARACT TREATMENT - LEN-0105-US |
Sent: | March 03, 2022 09:56:42 AM |
Sent As: | ecom110@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90759319
Mark: ALLY ADAPTIVE CATARACT TREATMENT
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Correspondence Address:
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Applicant: Lensar, Inc.
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Reference/Docket No. LEN-0105-US
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: March 03, 2022
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Examiner’s Amendment Suggested
Claim and Description of Color Not Acceptable
A complete description must identify all the literal and design elements in the mark and specify where the colors appear in those elements. See 37 C.F.R. §§2.37, 2.52(b)(1); TMEP §§807.07(a) et seq. If black, white, and/or gray are not being claimed as a color feature of the mark, applicant must exclude them from the color claim and include in the description a statement that black, white, and/or gray represent background, outlining, shading, and/or transparent areas and are not part of the mark. See TMEP §807.07(d).
The following color claim and description is suggested, if accurate:
The colors gray and blue are claimed as a feature of the mark in the U.S. application.
The mark consists of a gray fading horizontal oval with a transparent crescent cutout along the top and a smaller transparent oval containing a stylized gray checkered design in the center, the larger oval fading into the stylized blue literal element “ALLY” in capital letters, above the literal blue element “ADAPTIVE CATARACT TREATMENT SYSTEM” in small capital letters. The white areas including the “transparent” areas are background and not claimed as a feature of the mark.
Disclaimer Of Descriptive Wording
Applicant must disclaim the wording “ADAPTIVE CATARACT TREATMENT SYSTEM” because it is merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or services. See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a).
The terms in the mark are defined as:
ADAPTIVE: providing, contributing to, or marked by adaptation : arising as a result of adaptation. To adapt means “to make fit (as for a new use) often by modification.”
CATARACT: a clouding of the lens of the eye or of its surrounding transparent membrane that obstructs the passage of light.
TREATMENT: the action or way of treating a patient or a condition medically or surgically : management and care to prevent, cure, ameliorate, or slow progression of a medical condition.
SYSTEM: a group of devices or artificial objects or an organization forming a network especially for distributing something or serving a common purpose.
http://lensar.com/allyvirtualdemo: The ALLY™ Adaptive Cataract Treatment System marries LENSAR’s superior imaging, a next generation femtosecond laser, and astigmatic management technology with Oertli’s Swiss-engineered phacoemulsification technology in one small, integrated cataract treatment system that: Fits in every OR in-office surgical suite with compact, dual-function design…Enables a sterile procedure to increase efficiency with faster procedure times and better patient and surgeon experience…Uses Adaptive Intelligence™ to optimize the femtosecond laser and phacoemulsification treatments with the goal of reducing overall energy delivered in the eye.
http://biotuesdays.com/2022/03/01/fda-accepts-lensar-510k-submission-for-ally/: “He said the vast majority of cataract surgeons performing FLACS procedures rely on aging femtosecond lasers. ALLY’s design includes a small footprint, enhanced ergonomics, superior imaging, dual-pulsed laser, and advanced astigmatism management tools, which “we believe, if cleared, would set the new standard of femtosecond laser cataract technology,” he added.”
Based on the above evidence, the term “ADAPTIVE CATARACT TREATMENT SYSTEM” immediately informs potential doctors and/or patients that the group of devices will modify itself or adapt to whatever cataract treatment necessary.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “ADAPTIVE CATARACT TREATMENT SYSTEM” apart from the mark as shown.
For an overview of disclaimers and instructions on how to provide one using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
Questions?
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Amy E. Thomas/
Examining Attorney
Law Office 110
U.S. Patent & Trademark Office
571-272-9171
Amy.Thomas@uspto.gov
RESPONSE GUIDANCE