Docket No.
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
` GPI-11919/08 0‘
`
`TRANSMITTAL LETTER, ALLEGATION OF USE UNDER 15 U.S.C. 1051(c) or (d)
`M
`5
`
`r.
`Name of Applicant:
`SmartGate L.C.
`U(\I\ \
`Trademark:
`INVISIBLE FIELD
`a V
`
`
`
`
`
`lnternationalClass(es):
`
`009
`
`
`
`TO THE ASSISTANT COMMISSIONER FOR TRADEMARKS:
`
`Transmitted herewith is an Allegation of Use under 15 U.S.C. 1051(c) or (d) and fee calculated as follows:
`
`
`
`
`
`
`Total # Classes-
`1
`$1013.00
`
`
`
`A check in the amount of
`
`$100.00
`
`is attached.
`
`CI
`
`Please charge Deposit Account No.
`A duplicate copy of this sheet is enclosed.
`
`in the amount of
`
`Allegation of Use or credit any overpayment to Deposit Account No.
`A duplicate copy of this sheet is enclosed.
`
`07-1180
`
`
`
`
` The Commissioner is hereby authorized to charge payment of any fees associated with this
`
`
`
`
`
`
`Certificate of Mailing by First Class Mail
`
`
`I certify that this transmittal letter, the enclosed document
`and fee is being deposited on
`with
`
`
`the U.S. Postal Service as first class mail under 37 C.F.R.
`
`
`1.8 and is addressed to the Assistant Commissioner for
`
`
`Trademarks,
`2900 Crystal Drive, Arlington, Virginia
`
`22202-3513.
`
`
`
`Certificate of Mailing by Express Mail
`
`
`
`I certify that this transmittal letter, the enclosed document1
`and fee is being deposited on
`12-13-2002
`with
`the U.S. Postal Service "Express Mail Post Office to
`Addressee" service under 37 C.F.R. 1.10 and is addressed
`to the Assistant Commissioner
`for Trademarks, 2900
`Crystal Drive, Arlington, Virginia 22202-3513.
`
`
`
`
`
`Signature ofPerson Mailing Correspondence
`
`Judith T. Lange
`
`Typed or Printed Name ofPerson Mailing Correspondence
`
`
`
`
`
`
`
`Typed or Printed Name ofPerson Mailing Correspondence
`
`EV 063824587 US
`
`
`
`Dated: December 13, 2002
`
`
`
`
`
`
`
`
`
`
`
`Birmingham, MI 48009
`(248) 647-6000
`
`
`
`Mark D. Schneider, Reg. No. 43,906
`Gifford, Krass, Groh, Sprinkle, Anderson
`& Citkowski, P.C.
`280 North Old Woodward
`Suite 400
`
`
`
`
`
`

`
`Express Mail Label No. EV 063824587 US
`'3
`
`Page 1 of 3
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`ALLEGATION OF USE UNDER 15 U.S.C. 1051(0) or (d)
`
`TO THE ASSISTANT COMMISSIONER FOR TRADEMARKS
`
`
`
` Name of Applicant:
`SmartGate L.C.
`Docket No.
`Serial Number:
`76/32 1,531
`(;p1-11919/08
`
`
`INVISIBLE FIELD
`Trademark:
`
`
`
`Applicant requests registration of the above-identified trademark in the United States Patent and Trademark
`Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. 1051 et. seq., as amended)
`
`
`for the below-identified goods. One (1) specimen per class showing the mark as used in commerce is
`submitted with this Allegation of Use.
`
`
`
`
`
`
`[3 Check here if a Request to Divide under 37 CFR 2.87 is being submitted with this Allegation of Use.
`
`
`
`
`Cl Check here if you are filing the Allegation of Use after a Notice of Allowance has issued.
`gr Check here if Applicant is using the mark in commerce on or in connection with all goods listed in
`the application or Notice of Allowance.
`
`
`
`
`
`Please delete the following listing of goods from the application for which the Applicant is not using the mark
`in commerce. LEAVE THIS SPACE BLANK IF THE APPLICANT IS USING THE MARK ON OR IN
`
`CONNECTION WITH ALL THE GOODS LISTED IN THE APPLICATION OR NOTICE OF ALLOWANCE.
`
`
`
`12/23/200 TSHITH
`
`00000210 76321531
`
`100.00 OP
`
`
` Date of first use of the mark in commerce:1 1/20/2001
` Date of first use anywhere (the same as or before use in commerce date):
`11/20/2001
` TIO4/REVO5
`
`.
`
`I
`
`

`
`DECLARATION
`
`Page 2 of 3
`
`
`
`I, the undersigned authorized signatory of Applicant, being hereby warned that willful false statements and
`
`
`
`
` the like so made are punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of the United
` States Code, and that such willful false statements may jeopardize the validity of the application or any
`resulting registration, declare that I am properly authorized to execute this Amendment to Allege Use on behalf
`
`
`I believe the Applicant to be the owner of the trademark sought to be registered;
` of the Applicant;
`the
` trademark is now in use in commerce; and all statements made of my own knowledge are true and all
`statements made on information and belief are believed to be true.
`
`
`
`
`
`
`
`
`
`
` Dated: tm____ By: _ , --__
`
`
`
`Mark D. Schneider
`
`Reg. No. 43,906
`
` Indicate below the nature of authority under which signatory signs:
` U A person with legal authority to bind the Applicant; or
`
`
`
`U A person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the Applicant; or
`E
`An attorney as defined in 37 C.F.R. 10.1(c) who has an actual or implied written or verbal power of attorney from the
`Applicant.
`
`
`
`
`Contact Information:
`
`Address all correspondence in this application to the following:
`
` Name:
`
`
`
`
`
`
`
`
`
`
`
`(248) 647-6000
`Telephone Number:
`(248)647-5210
`Fax Number:
`I
`.
`docket@patlaw.com
`Email Address.
`
`
`
`
`Mark D. Schneider
`Company/Firm Name: Gifford, Krass, Groh, Sprinkle, Anderson & Citkowksi, P.C.
`Address Line 1:
`280 North Old Woodward
`Address Line 2:
`Suite 400
`
`Birmingham
`City:
`Michigan
`State:
`U.S.A.
`Country:
`ZIP Code/Postal Code: 48009
`
`
`
`
`
`Applicant will accept: correspondence by email.
`Applicant will not accept correspondence by email.
`[I
`
`
`
`
`
`
`

`
`Page 3 of 3
`
`Before Approval for Publication, Send to:
`
`After Notice of Allowance, Send to:
`
`Fee
`Assistant Commissioner for Trademarks
`.
`2900 Crystal Drive
`
`Arlington, Virginia 22202-3513
`
`Box ITU
`. F.ee
`.
`Assistant Commissioner for Trademarks
`2900 Crystal Drive
`
`Arlington’ Virginia 22202_3513
`
`Certificate of Mailing by Express Mail
`
`
`
`
`this document and fee is being deposited
`I certify that
`
`
`with the U.S. Postal Service
`on
`12/13/2005 _
`ffice to Addressee" service under 37
`"Express Mail
`ost
`
`C.F.R.
`1.10
`and
`addressed to
`the Assistant
`is
`
`Commissioner
`for Trademarks,
`2900 Crystal Drive,
`Arlington, Virginia 22202-3513.
`
`Certificate of Mailing by First Class Mail
`
`
`this document and enclosed fee is being
`I certify that
`
`with the U.S. Postal
`deposited on
`
`
`
`Service as first class mail under 37 C.F.R. 1.8 and is
`
`
`
`addressed to the Assistant Commissioner for Trademarks,
`2900 Crystal Drive, Arlington, Virginia 22202-3513.
`
`
`
`
` Signature ofPerson Mailing Correspondence
`Judith T. Lange
`Typed or Printed Name ofPerson Mailing Correspondence
`
`Typed or Printed Name ofPerson Mailing Correspondence EV 063824587 US
`
`
`
`
`
`
`"Express Mail" Mailing Label Number
`
`
`
`

`
`SPECIMEN
`
`
`
`

`
`s-.4.
`
`S m 3
`
`The best safety sensing in the world!“
`
`?
`
`Non-Contact Safety for Gates & Doors
`
`
`
`INSTALLATION MANUAL
`
`Parking Gate Safety System
`
`
`
`Model Number: SG-0507-H
`
` ATTENTION ***
`
`
`
`
`
`If you do not intend to read and follow these
`instructions...c|ose the box and return this unit.
`If you have not installed a SmartGate unit, MAKE YOUR
`LIFE EASIER, view the installation video at least twice
`before proceeding.
`
` If after reading the instructions you still have questions, please call
`
`
`your nearest authorized service center (see warranty back page) or
`call SmartGate Technical Support at (941)-355-9361 or 800-863-
`
`
`9361 M-F 8:00 AM to 5:00 PM EST for further assistance.
`
`
`
`
`
`
`
`Parking Gate Safety System
`
`SmartGate All Rights Reserved, 2001
`
`11-20-01 Rev. 1.0
`
`$4.95
`
`

`
`
`
`You have made a wise decision in choosing SmartGate to meet your parking gate non-contact safety sensing requirements. Unlike
`inferior technologies, SmartGate has no narrowly focused light beams to keep aligned, no out-put lenses or sending units to keep
`clean, no bulbs or emitters to burn out, and no expensive in-the-ground installation. SmartGate does not require frequent
`adjustments or cleanings and is impervious to ice, water, snow and dust buildup. SmartGate’s “invisible field”TM puts safety
`sensing where it should be...moving with and preceding the dangerous closing gate arm. SmartGate’s patented technology
`provides the maximum area of safety sensing and it “sees” both humans & vehicles. Manufacturers, dealers, consultants, and end-
`users, world wide, recognize SmartGate as the premier safety solution to help reduce the number of personal injury & vehicle
`damage claims and to substantially lower liability exposure.
`
`,
`
`PRODUCT OVERVIEW:
`SmartGate’s non-contact safety system produces an “invisible field” that senses conductive objects, such as people,
`vehicles, etc. It is packaged in a compact rugged housing and can easily be installed into any existing or new gate in
`about an hour. When alarmed, SmartGate signals the gate operator to stop and reverse the motion of the closing
`gate arm. SmartGate’s “invisible field” surrounds the complete length of the gate arm. If visible to your eye, the field
`would look like a cylinder that is about 6-8 feet (1.829-2.44 meters) in diameter.
`
`
`
`
`WHAT TO EXPECT AFTER INSTALLATION:
`After proper installation and testing, the SmartGate will be able to “see” any conductive object in
`the path of the closing gate arm and alert the gate to react. The larger the conductive object, the
`further away SmartGate will “see” it! When the object is no longer in
`the operating path of the arm, the gate can close normally. The “time-
`out-to-close” built into most gates should be utilized to close the gate
`after an alarm. A properly adjusted SmartGate will create a stop &
`reverse point of approximately 8-12 inches (200-300mm) from a mass as
`small as your hand, and 2-3 feet (600-900mm) from a large object such as
`a car. SmartGate will only sense objects it moves towards, not away
`from! A wall behind, or a ceiling overhead, will not be “seen” if the first move the arm makes is away
`from the object. SmartGate is applicable to nearly all parking gates in use today.
`
`
`
`COMPATIBILITY:
`GATE ARMS — SmartGate works with virtually all straight or folding gate arms constructed of wood, metal or other materials. Each
`system comes with all parts to accommodate installation on any straight, non-metallic gate arm up to 13 feet (3.9m) in length.
`Options are available to allow for arms ofup to 30 feet (9m) in length. Metal arms require a special insulator plug designed to fit the
`specific shape of the arm. Folding gate arms constructed of wood or metal that employs a metal pull cable or rod must use our non-
`conductive pull cable kit. Insulator plugs and pull cables for most popular gates are available from SmartGate.
`
`CONTROLLERS — SmartGate is compatible with gates having input contacts and logic for a “safety
`reverse” or “rebound” function. Our staff can provide wiring recommendations for those controllers
`having only “vend” or “open” inputs. The controller should also have a “time-out-to-close” feature to
`allow proper closing of the gate after an alarm. An optional “time -out-to-close” module can be used for
`gates without this function.
`
`SITE LOCATIONS — SmartGate can be used virtually anywhere, open or enclosed parking lots, in free or
`nested configurations, etc. Experience has shown that about 90-95% of existing gate sites can easily
`accept SmartGate without any site modifications. In those few sites where there is a conductive object
`closer than 36 inches (900mm) to either side of the closing gate arm, you may need to consider minor
`site changes. “Conductive” means things like bollards, signs, trees, bushes, roof overhangs, walls, etc.
`SmartGate onl
`senses conductive ob'ects that it moves towards not awa from. Therefore walls
`ceilings, or other conductive objects can be located above or behind the gate arm if the first movement
`of the arm is away from these obiects.
`
`
`
`Parking Gate Safety System
`
`SmartGate All Rights Reserved, 2001
`
`11-20-01 Rev. 1.0
`
`

`
`la,‘
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Attorney Docket No. GPI-11919/08
`
`Applicant:
`
`SmartGate L.C.
`
`Serial No.:
`
`76/321,531
`
`Filed:
`
`October 4, 2001
`
`INVISIBLE FIELD
`Mark:
`
`
`Law Office 103
`
`Trademark Attorney:
`James A. Rauen
`
`
`
`AMENDMENT
`
`Commissioner for Trademarks
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`Dear Sir:
`
`In response to the Office Action mailed June 13, 2002, please amend the application as
`
`follows.
`
`IN THE SPECIFICATION:
`
`Please delete description of the goods and insert the following:
`
`-- Capacitive based proximity sensors.--
`
`SUPPLEMENTAL REGISTER:
`
`Please amend the application to seek registration on the Supplemental Register.
`
`REMARKS
`
`Applicant has amended the application to seek registration on the Supplemental Register.
`
`Applicant has also amended the identification of goods as suggested by the Examining Attorney.
`
`An allegation of use is enclosed with this amendment.
`
`T
`
`to
`
`

`
`USSN 76/321,531 — Page 2
`
`Applicant continues to respectfully disagree with the Examining Attorney that the above
`
`mark is merely descriptive of the goods.
`
`The Commissioner is authorized to charge any fee or credit
`
`in the overpayment
`
`in
`
`connection with this communication to our Deposit Account No. 07-1180.
`
`In view of the above amendment and remarks, Applicant submits that the application is
`
`now in proper form for allowance and publication.
`
`Respectfully submitted,
`
`
`ark D. Schnei er, Reg. No. 43,906
`Gifford, Krass, Groh, Sprinkle,
`Anderson & Citkowski, P.C.
`
`
`
`280 N. Old Woodward Ave., Suite 400
`Birmingham, MI 48009
`(248) 647-6000
`
`Dated:
`
`1 1/13} Zc-c-2,
`
`MDS/gs
`Enclosure
`GS—-W:\Word Processing\mds\GPll 191 9—amd2.doc
`
`CERTIFICATE Of EXPRESS MAILING
`
`I hereby certify that this correspondence is being deposited with the United States Postal
`Service as Express Mail #EV 063824587 US in an envelope addre sed to: Commissioner for
`Trademarks, 2900 Crystal Drive, Arlington, VA 22202-3513, on , 2002.
`%EM9_[§@ 5Judith .Lange