DETAILED ACTION
Claim Rejections - 35 USC §
The following is a quotation of 35 U.S.C.
which
basis for this
Claim(s) 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over Merzon (US 9,781,986) in view of Laugesen (US 6,098,858).
Regarding , Merzon discloses a holster assembly substantially as claimed, including:
a holster for supporting a tool the holster having a securing apparatus fixed to the holster; and a holster retainer for releasably retaining the holster, the holster retainer including:a cavity for securing the holster;a channel configured to receive a securing apparatus of the holster,wherein at least a portion of the channel is disposed within the cavity latch extending along a base of the channel latch
claim the cavity
first opening for receiving the holster and a second opening disposed opposite the first opening.
Regarding claim 16, Merzon discloses a modular holster system, comprising: a holster 10 for supporting a tool, the holster having a securing apparatus 20/22/24; a mounting apparatus (col. 2 lines 62-66) configured to receive the securing apparatus of the holster for releasably affixing the holster to a user; a holster retainer 100 for releasably retaining the holster when the holster is not affixed to the user, wherein the holster retainer includes a cavity (Figure 1, internal open space) for securing the holster; a channel 162/165 configured to receive the securing apparatus of the holster, wherein at least a portion of the channel is disposed within the cavity (Figure 1). Merzon discloses the invention substantially as claimed but does not disclose a latch extending along a base of the channel. However, Laugesen discloses a similar retainer 1 for receiving a securing apparatus, the retainer having a channel with a latch 11 that is releasable via lever 12. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to provide a similar latch on the base of the channel of Merzon in order to provide an alternate means of securing the securing apparatus within the channel.
Regarding claim 17, modified Merzon discloses the invention substantially as claimed but does not disclose one or more second holsters. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to use additional holsters operable for use with the mounting apparatus and retainer, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claims 18 and 19, modified Merzon discloses the invention substantially as claimed but does not disclose additional holsters having different widths and lengths than each other. It would have been an obvious matter of design choice to having the additional holster with different widths and lengths, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
, 12 are rejected
base
claim be
of the of the
claim
(s) under 35 U.S.C. in
and the of the
at least regarding the
16-19 over Merzon in view of Laugesen
Merzon a holster for supporting a tool, the holster having a securing apparatus 20/22/24 a holster retainer 100 for releasably retaining the holster .
Conclusion
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/COREY N SKURDAL/ Primary Examiner, Art Unit 3734
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