DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This is a non-final Office Action after Request For Continued Examination (RCE) for serial number 18/090,143, Apparatus, System And Method For Securely Receiving A Gun Holster, filed on December 28, 2022.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 recites the limitation "the groove" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 5-7, 10, 18, and 21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent No. 10,746,502 to Bynoe et al. (Bynoe).
Bynoe ‘502 discloses a mounting apparatus (170, Fig. 8A) for a gun holster, the mounting apparatus comprising: a back plate (850 - back); a front plate (820 - front); a bracket extension (822) extending between the front plate and the back plate at a first end (top portion) of the mounting apparatus, and a slot (opening between the plates – Fig. 8C) intermediate the front plate and the back plate and extending without interruption from a second end (bottom portion) of the mounting apparatus opposite the first end to the bracket extension, the slot having an open end (Fig. 8C) opposite the bracket extension and being configured to closely receive a belt clip of a gun holster.
Regarding claim 2, Bynoe ‘502 discloses a groove (899 - Fig. 8C) in an inner surface of the front plate and in communication with the slot, the groove being shaped and dimensioned to receive a distal end of the belt clip of the gun holster.
Regarding claim 5, Bynoe ‘502 discloses wherein the back plate (850) provides a mounting surface (back surface) for securing the mounting apparatus to an external surface (see 7A).
Regarding claim 6, Bynoe ‘502 discloses wherein the front plate includes a top edge complementary in shape (Fig. 8A) to the belt clip of the gun holster.
Regarding claim 7, Bynoe ‘502 discloses wherein the back plate includes at least one aperture (890, 891) – being configured to receive a fastener allowing the back plate to be affixed an external surface.
Regarding claim 9, Bynoe ‘502 discloses wherein the mounting apparatus is formed from metal (col 13, lines 30-36).
Regarding claim 10, see 112 rejections, Bynoe ‘502 discloses wherein the groove further includes a groove tip (875 – bended tip in Fig. 8B).
Regarding claim 18, Bynoe ‘502 discloses a mounting apparatus (170, Fig. 8A ) for a gun holster, the mounting apparatus comprising: a back plate (850 - back); a front plate (820 - front); a bracket extension (822) extending between the front plate and the back plate at a first end (top portion) of the mounting apparatus; and a slot (opening between the plates – Fig. 8C) intermediate the front plate and the back plate and extending without interruption from a second end (bottom portion) of the mounting apparatus opposite the first end of the bracket extension, the slot having an open end (Fig. 8C) opposite the bracket extension and being configured to closely receive a belt clip of a gun holster, a groove (899 – Fig. 8C) in an inner surface of the front plate and in communication with the slot, the groove being shaped and dimensioned to receive a distal end of the belt clip of the gun holster.
Regarding claim 21, Bynoe ‘502 discloses an inner surface of the front plate is parallel to an inner surface of the back plate throughout an entire extend of the front plate (see Fig. 8C).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Bynoe ‘502.
Concerning method claim 20, in view of the structure discloses by Bynoe ‘502, the method of stowing a firearm holster would have been obvious, since it is the normal and logical manner in which the device would be used. If a prior art device, in its normal and usual operation, would be necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will perform the claimed process.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Bynoe ‘502 in view of U.S. Patent No. 7,314,152 to Garrett.
Bynoe ‘502 fails to disclose wherein a hook and loop type fastener strap. Nevertheless, Garrett ‘152 discloses a hook and loop type fastener (176) on a clip (170). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting apparatus of Bynoe ‘502 to include the Velcro for attachment purpose as taught by Garrett ‘152.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 18, and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/TODD M EPPS/Primary Examiner, Art Unit 3632 April 3, 2026
