PTO Form (Rev 4/2000)
`OMB No. 0651-
`(Exp. 08131/2004)
`
`Request for Reconsideration after Final Action
`
`The table below presents the data as entered.
`
`flmmmw
`
`Hmmmflflmfii
`; SERIAL NUMBER
`
`77849401
`
`1 I[;’S‘gIVG%FEF1;CE
`
`LAW OFFICE 104
`
`j MARK SECTION (no change)
`; ARGUMENT(S)
`
`'1
`
`In response to the final Office Action dated September 7, 2010,
`
`the Applicant
`the above—identified mark,
`for
`{refusing registration.
`}submits the accompanying Remarks and Supplemental Declaration of John
`
`;M. Bulbrook, with its accompanying evidence.
`i
`REMARKS
`
`EResponse to Refusal to Register
`
`;
`
`The Examining Attorney has finally refused registration for the
`
`requested mark,
`
`saying that
`
`the mark
`
`IN—FORCE
`
`for
`
`the
`
`indicated
`
`iservices is merely descriptive.
`
`In response
`
`to this
`
`final
`
`refusal,
`
`the Applicant
`
`submits;
`
`‘herewith
`
`the
`
`accompanying
`
`Supplemental Declaration
`
`of
`
`John M.
`
`submitted to:
`;Bulbrook, "the Applicant's CEO, which Declaration is
`iprovide
`recently
`obtained
`evidence
`that
`is
`important
`to
`the
`
`,Applicant’s argument.
`
`A Notice 9; Appeal ig filed herewith gs is Q Reguest for Remand
`
`$53 the Examining Attorney and Extension 9; Time for Filing the Appeal
`‘Brief.
`Reconsideration py_
`the Examining Attorney i§_ respectfully
`
`ireguested.
`New Evidence Presented and Context Thereof
`
`,
`
`On
`
`the third page of
`
`the Final Office Action,
`
`in the last
`
`the Examining Attorney states:
`paragraph,
`to
`term “IN—FORCE”
`Moreover,
`the
`industry use
`of
`the
`describe annuities that are “in effect” is exactly on point
`with applicant's use of the term to describe the annuities
`
`

`
`it is selling.
`
`The Applicant appreciates very" much.
`
`the Examining .Attorney’s1
`
`clear statement of his position.
`
`The Examining Attorney's point of
`
`view as expressed in this statement helped Mr.
`
`John M. Bulbrook,
`
`the
`
`Applicant's CEO,
`
`understand how to use some documents of which he
`
`recently became aware to clarify the Applicant's position.
`
`In his Supplemental Declaration, Mr. Bulbrook states that:
`[t]his Supplemental Declaration is provided with the
`Applicant's Response
`to the Examining Attorney's
`final
`
`to the Examining Attorney new
`to submit
`in order
`refusal
`evidence, which was not available until very recently,
`that
`shows how,
`in contrast
`to the Examiner's perspective, my
`competitors in our specific niche market, as contrasted to
`
`the markets
`insurance,
`
`and for
`for original—market annuities
`have no need of
`the phrase
`“in—force”
`
`life
`as
`a
`
`status identifier and,
`
`instead, recognize “IN-FORCE” as our
`
`are either using
`trademark. These competitors
`company's
`generic terminology to identify their product or have come
`up with
`their
`own
`associated
`trademark.
`(Bulbrook
`Declaration, #6)
`
`Mr. Bulbrook describes how:
`
`the phrase “In—Force,”
`[t]he use by the prior art of
`in the niche markets of
`the prior‘ art, was as
`a status
`identifier, or differentiator, for specific products on the
`
`books of, e.g.,
`
`an insurance company or a brokerage firm
`
`term length
`the
`[where]
`determines] whether or not
`
`[what
`i e.,
`the product],
`[of
`the product
`is “in force,” is
`
`[The term length] depends instead on
`not a “term certain ”
`an event,
`e g.,
`death. of
`the insured, or choice, e.g.,
`
`in. choosing’
`action_ by the annuitant
`option or in cashing in the annuity.
`#7)
`
`income/withdrawal
`an.
`(Bulbrook Declaration,
`
`Mr. Bulbrook continues by describing how:
`the applied—for
`the product
`in this new niche market of
`mark is not an “original purchase” for the client, and its
`term is “certain.”
`There are no “events” that will make
`
`its term “uncertain.”
`
`It has been “transferred” (from the
`
`original annuitant)
`
`for a nmney payment as a “structured
`
`to the
`Compared
`“period certain.”
`a
`for
`settlement”
`there is no longer
`product before the transfer took place,
`any question as to whether or not
`the transferred product
`is
`“in force ” Therefore,
`that
`term,
`in our
`new niche
`
`market, no longer serves on our books its prior purpose as
`a status identifier or differentiator.
`In our new niche
`
`lapse or be
`market, structured settlement annuities cannot
`cashed in as
`they are subject
`to a binding contract and
`court order that control
`the term length for the court set
`“period certain.” (Bulbrook Declaration, #8)
`
`

`
`As evidence, Mr. Bulbrook presents recently acquired material’
`i
`ifrom two competitors showing how these two companies are selling in
`‘the same niche market as
`the Applicant and yet have respected the
`
`Applicant’s proprietary mark.
`One
`company
`(the first competitor)
`‘used generic terminology to describe its product
`in its Buyer's
`‘Guide.
`The other company (the second competitor)
`came up with its‘
`(own trademark, which it has used in its Term Sheets advertizing its
`Eproducts and their rates.
`Supplied with the Bulbrook Declaration arel
`(separate
`PDFs
`submitting the Applicant's Buyer's Guide,
`the MJ?
`
`v ,
`
`Financial Partners
`
`(first competitor) Buyer's Guide and the “Deal.
`
`isheet” for March 2, 2011 of Great Plains Annuity and Life Marketing
`
`.(second competitor).
`
`In item nos. 11-14, Mr. Bulbrook first discusses in detail
`
`the
`
`;evidence provided by the Buyer's Guide of
`
`the first competitor, MJ
`
`‘Financial Partners LLC, another financial services organization that,
`
`,is
`
`also selling “transferred”
`
`or
`
`“secondary market”
`
`structured
`
`;settlements,
`
`i.e.,
`
`is
`
`providing
`
`the
`
`same
`
`service
`
`as
`
`in
`
`the
`
`Description of Services of
`the applied-for mark. As Mr. Bulbrook
`describes, MJ Financial Partners has copied essentially all of
`the,
`(Applicant's Buyer's Guide
`except
`for
`the Applicant's
`asserted,
`;proprietary name,
`“IN—FORCE,”
`for which MJ Financial Partners‘
`:substituted.
`a generic name
`for
`the product
`they" are selling. Mr.E
`
`‘Bulbrook goes on to state:
`
`T
`
`§
`1
`
`»
`
`the
`of
`assumptions
`apparent
`to the
`contrast
`In
`Examining Attorney as
`to the needs of competitors in our
`niche market, MJ Financial Partners
`can be seen here as
`recognizing
`“IN-FORCE”
`as ggr
`company's
`trademark and
`
`The
`deciding to respect our asserted proprietary right.
`solution of our competitor MJ Financial Partners was to use
`generic terminology instead.
`(Bulbrook Declaration, #15)
`
`In item nos. 16 and 17, Mr. Bulbrook then discusses the evidence
`
`I
`’provided by the Deal Sheet of
`
`the second competitor, Great Plains
`
`‘Annuity and Life Marketing:
`*
`Another one of our competitors, Great Plains Annuity
`and Life Marketing, has come up with its own trademark for
`
`:
`
`payment
`guaranteed.
`settlement
`structured
`“transferred
`[As seen in the] enlargement of the fine print
`annuities.”
`[at
`the bottom of
`each page of
`the Deal Sheet], Great
`Plains Annuity and Life Marketing asserts “AFTER MARKET”
`Fixed Term Annuity as its own proprietary name for what it
`describes as “transferred structured settlement guaranteed
`payment annuities.” (Bulbtook Declaration, #s 16-17)
`
`>
`
`;
`
`’
`
`

`
`Mr. Bulbrook concluded:
`
`one of our competitors, Great Plains Annuity
`Again,
`and Life Marketing,
`can be seen here as recognizing “IN-
`FORCE” as our company's trademark.
`The solution of Great
`
`Plains Annuity and Life Marketing was
`assert its own trademark.
`
`to come up with and
`
`Summary
`
`Therefore, Applicant
`
`respectfully‘
`
`requests
`
`that
`
`the Examining«
`
`Attorney accept
`
`ths supplied evidence as sufficient
`
`to show that
`
`in
`
`;
`
`2 j
`
`the applied—for mark IN-
`“world,” or niche market,
`‘the Applicant's
`EFORCE has quickly‘ been. accepted. by the Applicant's competitors as
`;Applicant’s own trademark in that, although copying Applicant's text,
`
`‘Applicant's competitors have carefully NOT used Applicant's asserted
`
`advertising
`for
`‘trademark
`pguaranteed payment annuities.”
`
`“transferred
`
`structured
`
`settlement
`
`Furthermore, Applicant respectfully submits that
`
`in contrast
`
`to
`
`_the Examining Attorney's assertion quoted above,
`
`the Applicant has
`
`‘shown that the prior art industry niche market's use of the term “IN—
`
`FORCE” as a status identifier to describe specific annuities that are
`
`“in effect” is different from Applicant's use of the term to describe
`‘the annuities it is selling.
`
`_
`Therefore, Applicant
`respectfully requests
`that
`the Examining‘
`EAttorney accept this evidence as sufficient to show that the applied—;
`ifor mark IN—FORCE is not “merely descriptive” of any property that is
`
`in that Applicant's
`used in Applicant's world as a status identifier,
`Ecompetitors have not needed the applied-for mark IN—FORCE but instead'
`
`terminology or
`
`chosen a different
`
`v
`
`I
`
`§have either used the generic
`itrademark.
`‘
`
`V l
`
`i
`
`

`
`The Applicant
`
`submits
`
`that
`
`the
`
`remarks
`
`and arguments
`
`above
`
`‘support registration of
`frespectfully requested.
`
`‘ EVIDENCE SECTION
`
`EVIDENCE FILE NAME(S)
`
`the indicated mark and
`
`such registration isg
`
`ORIGINAL PDF FILE
`
`.IMBI-
`‘evi 651071042Ir0elf44400938 .
`TOOIXX A )licant sBu er sGu.ide..df
`
`
`CONVERTED PDF
`
`FlLE(S)
`(8 pages)
`
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`
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`'77
`«.4 _.i_
`_
`.______ ____, __._i
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`

`
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`
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`
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`(4 pages)
`
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`fcvi. 65l07lO42l0—l44l4O0_.;)38 .
`JMBI-T001 XXAnnuit Policies. .df‘—: —"""""l
`
`
`
`l \\TICRS\EXPORTl l\IMAGEOUTl l\77 8\494\7784940l\xml5\RFROO24.JPG A
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`
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`
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`
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`
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`
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`
`CONVERTED PDF
`
`; FlLE(S)
`(2 pages)
`
`ORIGINAL PDF FILE
`
`'
`
`CONVERTED PDF
`
`; FILE(S)
`'
`(8 pages)
`
`, DESCRIPTION OF
`
`EVIDENCE FILE
`
`\\TICRS\EXPORTl l\lMAGEOUTl l\778\494\7784940l\‘xml5\RFR0028.JPG I
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`
`evi 65lO7l042l0—l44400938 . JMBII-T0OlXX.S'u DEC. df
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`
`l Applicant's Buyer's Guide Third Party Buyer's Guide Deal Sheet Executed
`I Supplemental Declaration of John M. Bulbrook Applicant's Request For
`' Remand To Examining Attorney For Reconsideration, and Request To Extend K
`. Time to File Appeal Brief
`
`I
`S
`I
`W
`S
`‘s1cN[m}RE sEcTio.\i
`ERESPONSESIGNATURE ‘H/Hol1idayiC”.Pl‘eine_/I
`.SIGNATORY'S NAME
`iiH011iiday
`“;;t;;;;;;n"Ae1;l;,;ie‘C£1ar;;*"ee'
`
`G S‘
`O
`
`i POSITION
`
`DATE SIGNED
`
`03;/07/201 1
`
`S
`
`A
`
`\
`S
`S
`f
`i u
`T
`I
`S
`I
`S
`A
`A ui_“— N W T_ I
`T V W T T S“
`as ‘””e“"“"“‘ “‘ “””'“"" "W
`
`

`
`'
`* AUTHORIZED
`J YES
`. SIGNATORY
`CONCURRENT APPEAL 3 YES
`‘ NOTICE FILED
`|
`
`: FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`Mon Mar 07 17:00:33 EST 2011
`
`TEAS STAMP
`
`L USPTO/RFR-65.107.104.210-
`201l0307170033245030—7784
`? 9401—48O149143caf7f4a736e
`
`‘‘ e753bb73lell1b—N/A—N/A—20
`i 1l0307144400938883
`
`I
`
`P TO Farm (Rev 4/2()0())
`OMB No. 065l~
`(Exp. 08131/2004)
`
`Request for Reconsideration after Final Action
`To the Commissioner for Trademarks:
`
`Application serial no. 77849401 has been amended as follows:
`
`ARGUMENT(S)
`
`In response to the substantive refusal(s), please note the following:
`
`S i I‘ :
`
`In response to the final Office Action dated September 7, 2010,
`
`refusing registration for
`
`the
`
`above—identified mark,
`
`the Applicant
`
`submits the accompanying Remarks and Supplemental Declaration of John
`
`M. Bulbrook, with its accompanying evidence.
`REMARKS
`
`Response to Refusal to Register
`
`The Examining Attorney has finally refused registration for the
`
`requested mark,
`
`saying that
`
`the mark
`
`IN—FORCE
`
`for
`
`the
`
`indicated
`
`services is merely descriptive.
`
`In response to this final refusal,
`
`the Applicant submits herewith
`
`the accompanying Supplemental Declaration of
`
`John. M. Bulbrook,
`
`the
`
`Applicant's CEO, which Declaration is submitted to provide recently
`
`obtained evidence that is important to the Applicant's argument.
`
`ANiFi@_£AEP§§lii£Q£Q §£iié §£ t£
`
`the Examining Attorney and Extension g Time
`
`for Filing the Appeal
`
`

`
`Brief.
`
`Reconsideration by the Examining Attorney is
`
`respectfully
`
`reguested.
`
`New Evidence Presented and Context Thereof
`
`On
`
`the
`
`third. page of
`
`the Final Office Action,
`
`in the
`
`last
`
`the Examining Attorney states:
`paragraph,
`Moreover,
`the industry use of the term “IN—FORCE”
`
`to describe
`
`that are
`annuities
`applicant's use of
`
`“in effect” is exactly on point with
`the term to describe the annuities it is
`
`selling.
`
`The Applicant appreciates very much the Examining Attorney's clear
`
`statement of his position.
`
`The Examining Attorney's point of view as
`
`expressed
`
`in
`
`this
`
`statement
`
`helped Mr.
`
`John M. Bulbrook,
`
`the
`
`Applicant's CEO, understand. how to use
`
`some documents of which. he
`
`recently became aware to clarify the Applicant's position.
`
`In his Supplemental Declaration, Mr. Bulbrook states that:
`
`[t]his Supplemental Declaration.
`
`is provided. with.
`
`the
`
`final
`the Examining Attorney's
`to
`Applicant's Response
`refusal
`in order
`to submit
`to the Examining Attorney new
`evidence, which was not available until very recently,
`that
`shows
`how,
`in contrast
`to the Examiner's perspective, my
`competitors in our specific niche market,
`as contrasted to
`
`life
`for
`and
`annuities
`original—market
`for
`the markets
`insurance, have no need of the phrase “in—force” as a status
`
`identifier
`company's
`
`instead,
`and,
`trademark.
`These
`
`recognize
`competitors
`
`our
`as
`“IN-FORCE”
`are either using
`
`generic terminology to identify their product or have come up
`with their own associated trademark.
`(Bulbrook Declaration,
`#6)
`
`Mr. Bulbrook describes how:
`
`[t]he use by the prior art of the phrase “In-Force,” in
`the
`niche markets
`of
`the prior art, was
`as
`a
`status
`identifier, or differentiator,
`for specific products on the
`books of, e.g.,
`an insurance company" or a
`.brokerage firm
`
`term length
`the
`[where]
`determines] whether or not
`
`[what
`i.e.,
`the product],
`[of
`the product
`is “in force,” is not
`
`instead on an
`[The term length] depends
`a “term certain.”
`e g., action
`event, e.g., death of
`the insured, or choice,
`by the annuitant
`in choosing an income/withdrawal option or
`in cashing in the annuity.
`(Bulbrook Declaration, #7)
`
`Mr. Bulbrook continues by describing how:
`the product
`in this new niche market of the applied—for mark
`is not an “original purchase” for the client, and its term is
`“certain.”
`There are no “events” that will make
`its term
`
`(from the original
`It has been “transferred”
`“uncertain.”
`annuitant)
`for a money payment as a “structured settlement”
`for a “period certain.”
`Compared to the product before the
`
`

`
`there is no longer any question as to
`transfer took place,
`transferred product
`is
`“in
`force.”
`whether
`or
`not
`the
`Therefore,
`that
`ternu in. our new niche market,
`no longer
`
`serves on our books its prior purpose as a status identifier
`or differentiator.
`In our
`new niche market,
`structured
`
`lapse or be cashed in as they are
`settlement annuities cannot
`subject
`to a binding contract and court order
`that control
`the
`term length
`for
`the
`court
`set
`“period
`certain "
`(Bulbrook Declaration, #8)
`
`As evidence, Mr. Bulbrook presents recently acquired material
`
`from
`
`two competitors showing how these two companies are selling in the same
`
`niche market as the Applicant and yet have respected the Applicant's
`
`proprietary mark.
`
`One
`
`company
`
`(the first competitor)
`
`used generic
`
`terminology to describe its product
`
`in its Buyer's Guide.
`
`The other
`
`company (the second competitor)
`
`came up with its own trademark, which
`
`it has used.
`
`in its Ternl Sheets advertizing its products
`
`and their
`
`rates.
`
`Supplied with the Bulbrook Declaration are
`
`separate
`
`PDFs
`
`submitting the Applicant's Buyer's Guide,
`
`the MJ Financial Partners
`
`(first competitor) Buyer's Guide and the “Deal Sheet”
`
`for March 2,
`
`2011 of Great Plains Annuity and Life Marketing (second competitor).
`
`In item nos. 11-14, Mr. Bulbrook first discusses in detail
`
`the
`
`evidence provided by the Buyer's Guide of
`
`the first competitor, MJ
`
`Financial Partners LLC, another financial services organization that is
`
`also
`
`selling
`
`“transferred”
`
`or
`
`“secondary market”
`
`structured
`
`settlements,
`
`i.e.,
`
`is providing the same service as in the Description
`
`of Services of
`
`the applied-for‘ mark. As Mr. Bulbrook describes, MJ
`
`Financial Partners
`
`has
`
`copied essentially all
`
`of
`
`the Applicant's
`
`Buyer's Guide except
`
`for
`
`the Applicant's asserted proprietary name,
`
`“IN-FORCE,” for which MJ Financial Partners substituted a generic name
`
`for the product
`
`they are selling. Mr. Bulbrook goes on to state:
`
`In contrast to the apparent assumptions of the Examining
`Attorney as to the needs of competitors in our niche market,
`MJ Financial Partners can be seen here as
`recognizing “IN-
`
`FORC ” as 1 company's
`
`trademark and deciding to respect
`
`our
`
`asserted proprietary right.
`
`The
`
`solution of
`
`our
`
`to
`was
`Partners
`Financial
`competitor MJ
`terminology instead.
`(Bulbrook Declaration, #15)
`
`use
`
`generic
`
`In item nos.
`
`16 and 17, Mr. Bulbrook then discusses the evidence
`
`provided by the Deal Sheet of
`
`the second. competitor, Great Plains
`
`Annuity and Life Marketing:
`Another one of our competitors, Great Plains Annuity
`
`and Life Marketing, has come up with its own trademark for
`“transferred
`structured
`settlement
`guaranteed
`payment
`
`

`
`the fine print
`[As seen in the] enlargement of
`annuities."
`[at
`the bottom of each page of the Deal Sheet], Great Plains
`
`Annuity and Life Marketing asserts “AFTER MARKET” Fixed Term
`
`Annuity as its own proprietary name for what it describes as
`“transferred
`structured
`settlement
`guaranteed
`payment
`annuities ”
`(Bulbtook Declaration, #s 16-17)
`
`Mr. Bulbrook concluded:
`
`Again, one of our competitors, Great Plains Annuity and
`Life Marketing,
`can be seen here as recognizing “IN—FORCE”
`as our company's
`trademark.
`The solution of Great Plains
`
`Annuity and Life Marketing was to come up with and assert its
`own trademark.
`
`Summary
`
`Therefore, Applicant
`
`respectfully requests
`
`that
`
`the Examining
`
`Attorney accept
`
`ths supplied evidence as sufficient to show that in the
`
`Applicant's “world,” or niche market,
`
`the applied—for mark IN—FORCE has
`
`quickly’ been. accepted. by the Applicant's competitors as Applicant's
`
`own trademark in that, although copying Applicant's text, Applicant's
`
`competitors have carefully NOT used Applicant's asserted trademark for
`
`advertising
`annuities.”
`
`“transferred structured
`
`settlement
`
`guaranteed payment
`
`Furthermore, Applicant
`
`respectfully submits
`
`that
`
`in contrast
`
`to
`
`the Examining Attorney's assertion quoted above,
`
`the Applicant has
`
`shown that
`
`the prior art
`
`industry niche market's use of
`
`the term “IN-
`
`FORCE” as a status identifier to describe specific annuities that are
`
`“in effect” is different
`
`from Applicant's use of the term to describe
`
`the annuities it is selling.
`
`Therefore, Applicant
`
`respectfully requests
`
`that
`
`the Examining
`
`Attorney accept
`
`this evidence as sufficient
`
`to show that the applied-
`
`for mark IN—FORCE is not “merely descriptive” of any property-that
`
`is
`
`used in Applicant's world as a status identifier,
`
`in that Applicant's
`
`competitors have not needed the applied—for mark IN—FORCE but
`
`instead
`
`have either
`trademark.
`
`used
`
`the generic
`
`terminology or
`
`chosen
`
`a different
`
`

`
`The Applicant submits that the remarks and arguments above support
`
`registration
`
`of
`
`the
`
`indicated mark
`
`and
`
`such
`
`registration
`
`is
`
`respectfully requested.
`
`EVIDENCE
`
`Evidence in the nature of Applicant’s Buyer's Guide Third Party Buyer's Guide Deal Sheet Executed
`Supplemental Declaration of John M. Bulbrook Applicant's Request For Remand To Examining Attorney
`For Reconsideration, and Request To Extend Time to File Appeal Brief has been attached.
`Original PDF file:
`evi 65107104210-144400938 . JMBI-TO0lXX Applicant sBuyer sGuide.pdf
`Converted PDF file(s) (8 pages)
`Evid.ence—l
`
`Evidence-2
`
`EViclence—3
`
`Evidence—4
`
`Evidence—5
`
`Evidence-6
`
`Evidence—7
`
`Evidence—8
`
`Original PDF file:
`evi 65 l O71042l0—l4440()938 . JMBl—T00 I XX Third Part
`
`
`
`Bu. er s Guide. df
`
`
`
`Converted PDF file(s) (14 pages)
`Evidence—l
`
`IEvvidence—2
`
`Evidence—3
`
`Evidence—4
`
`Evidence—5
`
`Evid.ence—6
`
`Evidence—7
`
`Evid.ence—8
`
`Evidence—9
`
`Eviclence— 10
`
`Evi_dence—l 1
`Evidence— 12
`
`Evidence—l3
`
`Evidence—.l4
`
`JlVlB'I'—T00l XXA.n.n‘uit Policies. df
`
`Original PDF file:
`evi 65107 I 0421 0-144400938 .
`
`
`
`Converted PDF f1le(s) (4 pages)
`Evidence-l
`
`Evidence—2
`
`Evidence—3
`
`Evidence—4
`
`Original PDF file:
`evi 65l07].042l0-144400938 . JMBI-TOO.lXX Re uest for Remand. df
`
`
`Converted PDF file(s) (2 pages)
`
`

`
`EViclence—l
`
`Evidence—2
`
`Original PDF file:
`evi 65l071042l0—l44400938 . JMTB.l-T00l_X‘XSu)DEC. df
`
`
`
`Converted PDF file(s) (8 pages)
`Evidence-1
`
`Evidence—2
`
`Evidence—3
`
`’Evidence—4
`
`Evidence-5
`
`.Evidence~6
`
`Evidence—7
`
`Evidence-8
`
`SIGNATURE(S)
`Request for Reconsideration Signature
`Signature: /Holliday C. Heine/ Date: 03/07/2011
`Signatory's Name: Holliday C. Heine, Ph.D.
`Signatory's Position: Attorney for Applicant
`
`The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the
`highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal
`territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to
`the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian
`attorney/agent not currently associated with his/her company/firrn previously represented the applicant in
`this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power
`of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to
`withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the
`applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing
`him/her as an associate attorney in this matter.
`
`The applicant is filing a Notice of Appeal in conjunction with this Request for Reconsideration.
`
`Serial Number: 77849401
`Internet Transmission Date: Mon Mar 07 17:00:33 EST 2011
`
`TEAS Stamp: USPTO/RFR—65.l07.l04.2l0—201103071700332
`45030—77849401—480149143caf7f4a736ee753b
`b731el11b—N/A—N/A—20110307144400938883
`
`

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`.fQ|;j§g_ygf§ t‘97|;11"e‘Aet finanicigail goals such ‘as«sfivi|j;g
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`

`
`Definitions Of Terms
`
`All amounts are expressed in U.S. Dollars.
`Credit Rating refers to the credit rating of the insurance company paying the IN-FORCE" Fixed Term Annuity
`as determined by Standard 8: Poor's (S&P).
`Existing Annuitant refers to a person who sells the payment rights to a "structured settlement" annuity to us in return for a present value, lump
`sum cash payment. Such person is usually a personal injury victim who was awarded annuity payment rights as part of a structured settlement of
`his or her injury claim.
`Present Value is the value on a given date of a future payment or series of future payments, discounted to reflect the time value of money
`and other factors such as investment risk.
`
`Structured Settlement is a financial or insurance arrangement in which an individual accepts payments over a period of years to resolve a
`legal claim that often involves a personal injury. This type of payment plan is often in the form of a structured settlement annuity.
`Term refers to the length of time before all principal and interest are paid.
`We, us, our and Bulbrook/Drislane refer to Bulbrook/Drisiane Brokerage (BID) and its Organization and Partners,
`You and your and my, mine and me refer to the Buyer of an IN-FORCE” Fixed Term Annuity,
`
`No securities regulatory authority has expressed an opinion about these annuities. It is an offense to claim otherwise. lN~FORCE"‘ Fixed Term Annuities are
`only offered for sale in the United States and are exempt from registration with the US, Securities and Exchange Commission. An IN-FORCE" Fixed Term
`Annuity is our proprietary name for a transferred structured settlement guaranteed payment annuity.
`
`Copyright 2010 Eulbrook/Drislane
`All rights reserved
`BD/BGJOO1
`
`

`
` FORCE“
`Fixed Term Annuity
`
`Buyer's Guide
`
`Featuring
`o Choice of Terms
`-‘Hi.ghe.i: Yield Returns - AAA to A Ratings (S&P)
`ll\l-F0'RCE"" Fixed‘ Term Annuities offer a simple and affordable way for buyers to meet financial goals
`such"as"saiiiiig for ‘retirement or a child's education or improving overall returns on a balanced portfolio.
`
`in which you, the Buyer, receive the rights to fixed annuity payments in exchange for a
`lump sum payment to an individual who is the original Existing Annuitant. By purchasing
`an individuals right to receive payments, you receive high yield returns while the Existing
`Annuitant enjoys the benefits of having cash now.
`
`
`
`IN-FORCE” Fixed Term Annuities can provide above average returns for the fixed income
`portion of a balanced portfolio. Since they guarantee you a payment stream over a fixed
`period of time at a fixed rate of return, this investment is generally considered to be a good
`vehicle for "safe money" savings. Insurance companies invest the funds primarily in government
`securities and high-grade corporate bonds which provide guaranteed interest rates. Bulbrookl
`Drislane only offers IN-FORCE“ Fixed Term Annuities from insurance companies with among
`the highest Standard & Poor's credit ratings, making IN-FORCE" Fixed Term Annuities one of
`the safest forms of fixed term purchases available today.
`
`
`
`
`
`
`which they receive regular, fixed payments over several years and/or lump sums at stipulated
`times from an annuity. As circumstances change, these individuals. called Existing Annuitants,
`sometimes need to convert a portion oftheir guaranteed income into cash now to meet
`personal needs or settle an estate. They decide to assign their rights to their future annuity
`payments at a discount to Bulbrook/Drislane.
`Bulbrook/Drislane. in turn. offers the payment rights to these annuities, called lN-FORCE”
`Fixed Term Annuities, to Buyers like you. Typically. the IN-FORCE” Fixed Term Annuity
`payments are made regardless of whether or not the Existing Annuitant or the Buyer is alive,
`meaning these payments are not contingent on any individua|'s life.
`
`
`
`company with a credit rating that is generally AAA to A rated by Standard 8: Poor's.
`
`1
`
`Copyright 2010 Bulbrook/Drislane
`All rights reserved
`
`

`
`
`
`The rate of return for each IN-FORCE“ Fixed Term Annuity is determined by the current market
`at the time which includes what a Buyer is prepared to accept as a return on his or her purchase,
`and the IN-FORCE” Fixed Term Annuity attributes such as the number of years for the payout
`and the insurance company's financial rating.
`The rate of return for each IN-FORCE" Fixed Term Annuity is represented as an “effective rate,"
`meaning it is compounded monthly to generate an annual effective rate based on a 365-day
`year. This is standard practice in the annuity industry. Interest rates are recorded to an accuracy
`of two decimal places [for example 7.00%).
`
`
`
`available on annuities newly purchased directly from insurance companies today because an
`lN—FORCE"‘ Annuity has been "previously owned" with attributes such as payment term and
`payment amounts that cannot be changed. Additionally, an IN-FORCE” Fixed Term Annuity is
`transferred for the present value of future income payments. The present value is determined by
`what the Existing Annuitant, or the Seller, will accept and what a Buyer will pay.
`
`
`
`
`
`
`The purchase and sale of annuity payments is governed by state law and must be approved by
`a court which issues an order redirecting payments to you, the Buyer. Ajudge will review the
`proposed transfer to determine if it is in the best interests of the Existing Annuitant and then
`issue the court order,
`
`
`
`
`
`it
`
`Bulbrooi<lDrislane has expertise in legally
`No, th
`transferring payment rights. We arrange a court order in your name at no additional cost to you.
`All of the court costs, transfer fees, lien search fees, and legal costs are paid by us, Also, we
`acquire structured settlement annuities through a number of channels, including an extensive
`broker network. Our experience and due diligence insure the quality of the lN—FORCE"‘ Fixed
`Term Annuities we offer for sale to you.
`
`
`
`present value of an lN- ORCE” Fixed Term Annuity is generally between $50,000 and
`Tl
`$lS0.000 but can be higher or lower. Terms can range from 1 to 35 years but typically are
`5 to 20 years.
`
`
`
`IN-FORCE” Fixed Term Annuities are not widely known to the general public nor are they widely
`available to individual Buyers. As such. they provide a unique opportunity for Buyers to purchase
`safe. fixed returns at superior rates.
`
`2
`
`Copyright 2010 Bulbrook/Drislane
`All rights reserved
`
`

`
`
`
`Bulbrook/Drislane acquires the sales rights to an IN-FORCE” Fixed Term Annuity from an
`Existing Annuitant and transfers the payment rights to you, the Buyer, through a court transfer
`process. Your name will be stated in the transfer court order, which is generally obtained in the
`state where the Existing Annuitant resides. The court will direct the insurance company that
`issued the Fixed Term Annuity to pay you all of the annuity payments when they are due.
`
`Payments are made whether the Existing Annuitant or the Buyer lives or dies during the period
`that the payments are due. Upon the death of the Buyer, the payments continue to the joint
`ownerisl or other owner(s) or the estate of the Buyer, as designated.
`
`Payments are typically made by a check mailed to your designated address or by direct deposit
`into your bank account, The insurance company usually determines the method of payment. As
`the Buyer, you may change the address for payment or bank account designation at any time
`by informing the insurance company directly.
`
`Compare These Rates of Return
`
`FIXED TERM ANNUITY PURCHASED DIRECT
`FROM AA CARFNER AT 3.50% GUARANTEED
`
`ANNUITY TRANSFERRED TODAY AT 6.75% GUARANTEED
`
`SAME CARRIER, PREVIOUSLY ISSUED IN-FORCE“ FIXED TERM
`
`
`
`
`
`a Sale and Assignment Agreement
`
`0 Disclosure Statement
`a Authorization Letter
`
` e Receivable Purchase Agreement
`
`o Existing Annuitant‘s Identification
`a Change of Beneficiary Designation
`a Duplicate Annuity Policy or Benefits Letter or Issuer Acknowledgement Letter
`or Certificate of Marital StatusISpousal Consent, Divorce Decree,
`or Property Settlement Agreement. as applicable
`o Court Order permitting the assignment of the annuity payments
`and naming Buyer as new Payee
`a Statement of independent Professional Advice or Waiver. where applicable
`0 Satisfactory Results of Uniform Commercial Code (UCC) (within 30 days of closing],
`Judgments (within