DETAILED ACTION
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.
Claims 14 and 15 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 14 and 15 recite the limitation "the catch" in line 1. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-6, 12-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matthews (US 6,267,279).
Regarding claims 1-2, 12-13, Matthews discloses a holster retainer 10 for releasably retaining a holster having a securing apparatus fixed to the holster for connecting to a mounting apparatus (the retainer of Matthews is considered capable of being used to retainer a holster with a securing apparatus to the degree presently claimed), the holster retainer comprising: a cavity (Figure 3) for securing a holster; a first and second channel 16/17 disposed along opposite inside walls of the cavity, the channels configured to receive a securing apparatus of the holster, wherein at least a portion of each channel is disposed within the cavity; and a latch 29 extending along a base of each channel, wherein the latch is configured to releasably engage the securing apparatus of the holster to retain the holster in the holster retainer.
Regarding claim 3, Matthews teaches that the latch can alternately be formed as a catch and lever as claimed – see catch 39 and elver 33/34.
Regarding claims 4 and 5, see Figure 3 showing the retainer 10 having first and second openings at the top and bottom of the cavity, respectively, and the cavity having a length and wherein the second opening enables the holster retainer to accommodate a holster length that is greater than the length of the cavity (Figure 3).
Regarding claim 6, Matthews discloses a first width of the first opening (e.g. between the side walls near lead line 13 in Figure 3) is different than a second width of the second opening (e.g. between the side walls near/below lead line 17 in Figure 3).
Regarding claims 14 and 15, the latch 29 comprises a sloped portion as claimed (see at lead line 29 in Figure 1A).
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(s) 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Matthews in view of Plappert (US 9,086,254).
Regarding claims 7-11, Matthews does not disclose movable first and second support arms having first, second, third and fourth positions as claimed, the arms for adjusting the width of the second opening and defining first, second, third and fourth widths. However, Plappert teaches a similar retainer 10 having a cavity whose width can be adjusted via support arms 148/150/152/154 (col. 7 line 47-col. 8 line 15), each of which are movable inward or outward by tightening or loosening the treads to define at least four positions and widths as claimed. It is suggested that Applicant define the actual structure of the support arms that enable the various positions and widths rather than relying primarily on functional language regarding the arms.
Claim(s) 16-19 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 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).
Conclusion
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/COREY N SKURDAL/ Primary Examiner, Art Unit 3734