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 .
DETAILED ACTION
Examiner’s Comments
The Examiner notes that the office action below may reference support found in the cited prior art by indicating element numbers, figures or by pointing out a specific paragraph (PAR) number in which support can be found. The PAR number referenced corresponds to paragraph number beginning in the "Detailed Description" of the disclosure unless otherwise noted. The pending claims are 1-14.
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 1-14, are 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 pre-AIA the applicant regards as the invention.
In claim 1, the terminology “a first protrusion that extends radially outward…“ is indefinite because it is not clear what applicant is claiming or what limitations are encompassed by the claim. Specifically, there are two instances of said terminology and it is not clear if they are inadvertently redundant or if they refer to separate and distinct structures on the holster. Appropriate correction is required.
Claims dependent upon the claims rejected above are rejected for the above reasons as they do not remedy the deficiency.
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.
Claims 1-8, 10-11, 13, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 11,441,871 to Weber. Insofar as the claimed invention is understood:
With regard to claim 1, a trigger guard sheath for a pistol and configured to be disposed within a holster (100), the trigger guard sheath comprising: an integral body (104, fig. 4a) that includes a top section having a first width and configured to receive a barrel or slide of the pistol and a bottom section having a second width and configured to receive a trigger and trigger guard of the pistol (see fig. 4b), the integral body including a first protrusion (110) that extends radially outward from a first end of the top section and a first protrusion that extends radially outward from a first end and an inner wall of the top section in a first direction and a second protrusion (186) that extends radially outward from a second end and outer wall of the bottom section in a second direction that is opposite the first direction.
With regard to claim 2, wherein the first protrusion and the second protrusion are disposed in parallel planes (fig. 4a shows 110 and 186 disposed in parallel planes).
With regard to claim 3, wherein the first width is greater than the second width (fig. 4a shows body 104 having a tapered portion with a smaller width).
With regard to claim 4, wherein a length of the first protrusion is greater than a length of the second protrusion (fig. 4 shows 110 to be longer than 186).
With regard to claims 5-6, wherein the integral body comprises a rigid part made of a thermoplastic acrylic-polyvinyl chloride material (PAR 31).
With regard to claim 7, wherein the first protrusion (110) is configured to extend along an inner side of a barrel or slide of the pistol and the second protrusion (186) is configured to extend below the barrel or slide (fig. 4a shows this).
With regard to claim 8, wherein the holster (100) defines an interior pocket in which the trigger guard sheath is disposed, the interior pocket being opened at a first end for receiving the pistol and permitting the pistol to engage the trigger guard sheath within the interior pocket (see figs. 4a, 4b).
With regard to claim 10, wherein the trigger guard sheath (100) is exposed along an inner surface of the holster within the interior pocket thereof (see figs. 4a, 4b).
With regard to claim 11, wherein the trigger guard sheath (100) is securely affixed to the holster (see fig. 4a).
With regard to claim 13, wherein the trigger guard sheath (100) is securely affixed to the holster by one or more fasteners (fig. 4a).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 of this title, 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.
Claims 9, 12, 14, are rejected under 35 U.S.C. 103 as being unpatentable over US 11,441,871 to Weber in view of US 2022/0155042 to Considine et al.
As discussed above and with regard to claims 9, 12, 14, Weber discloses the invention substantially as claimed including a trigger guard sheath for a pistol and configured to be disposed within a holster (100), the trigger guard sheath comprising: an integral body (104, fig. 4a) formed of a thermoplastic material. Weber does not disclose wherein the holster comprises one or more fabric layers combined with the thermoplastic material and/or securely affixed to thermoplastic layer by an adhesive. Rigid, thermoplastic materials are expected in the art for use with holsters and combining with more pliable and comfortable fabric layers is well-known and expected in the art. Considine et al teaches such a hybrid holster made of two layers of different materials (e.g. a rigid shell with padded fabric or leather) as well as an adhesive used to combine said layers. It would have been obvious to one having ordinary skill in the art before the effective filing date of the clamed invention to combine the teachings of Considine with Weber. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the purpose of providing a protective rigid shell for a holster with an added fabric layer for comfort and padding.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attachment (PTO-892) for notice of references cited and recommended for consideration based on their disclosure of limitations of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian Nash whose telephone number is 571-272-4465. The examiner can normally be reached on Monday – Friday from 11 a.m. to 7 p.m. EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at 571-272-4544. The official fax number for this Group is: 571-273-8300; Inventor Assistance Center is 800-786-9199.
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/BRIAN D NASH/
Primary Examiner, Art Unit 3734
2/10/26