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 .
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 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gostev (US#2023/0225489).
Regarding Claim 14, Gostev discloses an attachment clip (Figs. 1-2, abstract) comprising: a first member (Figs. 1-2, the bottom half of the clip 8) having a top surface (Figs. 1-2, the top surface of the bottom half of the clip 8), a first end (Figs. 1-2, the right end of the bottom half of the clip 8), and a second end (Figs. 1-2, the left end of the bottom half of the clip 8), the first member being configured to pivot on an axis (9, Figs. 1-2) between a closed position (Figs. 1-2, the closed position of the clip) and an open position; a spring (10, Figs. 1-2, [0018]) coupled to the first member (Figs. 1-2, the bottom half of the clip 8) and configured to apply a torque to rotate the first member toward the closed position (Figs. 1-2, the closed position of the clip); and a locking member (12, Figs. 1-2, [0018]) coupled to the first end (Figs. 1-2, the right end of the bottom half of the clip 8) of the first member and configured to rotate from an unlocked position (Fig. 2) to a locked position (Fig. 1), wherein the locking member is substantially perpendicular (15, Figs. 1-2) to the top surface (Figs. 1-2, the top surface of the bottom half of the clip 8) of the first member when in the locked position (Fig. 1).
Regarding Claim 15, wherein the locking member (12, Fig. 1-2, [0018]) includes a second spring (14, Figs. 1-2) configured to apply a torque to rotate the locking member toward the locked position (Fig. 1).
Regarding Claim 16, wherein at least a portion (15, Figs. 1-2) of the locking member (12, Fig. 1-2, [0018]) is configured to extend above the top surface (Figs. 1-2, the top surface of the bottom half of the clip 8) of the first member (Figs. 1-2, the bottom half of the clip 8).
Allowable Subject Matter
Claims 1-13 and 17-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, the applicant’s arguments are accurate and persuasive. Previously applied Nation (US#3808642) fails to disclose or suggest a second spring coupled to the locking member 25 and configured to apply a force to bias the locking member to the locked position. Nation teaches away from including a second spring as it utilizes a depression 35 and mating projection 36 arrangement to achieve the unlocked and locked positions of its locking member, see col. 3, lines 19-25.
Regarding claim 17, the applicant’s arguments are accurate and persuasive. Nation (US#3808642) discloses a locking member (25, Fig. 2-3) coupled to the second end of the first member (11, Fig. 2-3) and configured to slide from an unlocked position (Fig. 3) to a locked position (Fig. 2), wherein the locking member includes a locking protrusion (27, Fig. 2-3) opposing the protrusion (30, Fig. 2-3) of the second member (10, Figs. 2-3). Nation fails to disclose or suggest a top surface of the locking protrusion is opposed to a bottom surface of the protrusion of the second member when the locking member is in the locked position. Nation teaches away from this configuration as at best it requires the bottom surface of the locking protrusion 27 to oppose to the top surface of the protrusion 30 (Fig. 2). The protrusion 30 does not include a bottom surface as it is integrally formed with, and extends upward from, the top surface of the second member 10.
Response to Arguments
Regarding claims 1 and 17, and as discussed above in detail in the statement of reasons for the indication of allowable subject matter, the applicant’s arguments are accurate and persuasive.
Regarding claim 14, the applicant argues the following:
“Gostev's clip 8 has a bottom half and a top half, as specified by the Office. Neither half "pivot[s] on an axis between a closed position and an open position[.]" The entire clip itself is connected to the greater holster 1, 2 via a shaft 9 and spring 10, but the top and bottom halves of the clip 8 do not pivot with respect to each other "between a closed position and an open position[.]" These halves are one rigid structure making an elongated U-shape. See Gostev Figures 1-2. The U-shaped clip's 8 rigidity is seen by the open state in Figure 2 in which a latch 12 is moved to allow a pocket to be inserted into the slot 11 of the clip 8. In the open state, the bottom half and top half of the clip 8 stay separated by the same distance as they were separated in the closed state. Thus, neither are "a first member configured to pivot on an axis between a closed position and an open position[.]"
The examiner disagrees as the claim language is broader than the above argument. Claim 14 does not recite a second member of the attachment clip and does not recite pivoting of the first member relative thereto. Therefore, the respective top and bottom halves of the clip 8 of Gostev are not required to pivot with respect to each other for proper correspondence to claim 14. The current claim language only requires the first member pivots on an axis between two positions, namely “closed” an “open.” Per [0018] of Gostev, “The clip is attached to the case by the shaft 9 and loaded by the spring 10.“ The shaft 9 allows for at least minimal pivoting along its axis of at least the bottom half of the clip 8 to a position different than the default position shown Figs. 1-2. This different position is being identified as the “open” position, while the default position shown in Figs. 1-2 is being identified as the “closed” position. The spring 10 exists to counter this pivoting by loading the shaft 9 and thus biasing the clip 8 to the default “closed” position shown in Figs. 1-2. Therefore, the bottom half of clip 8, which corresponds to the “first member”, is “configured to pivot on an axis between a closed position and an open position.”
Assuming arguendo claim 14 would require the respective top and bottom halves of the clip 8 of Gostev to pivot with respect to each other for proper application thereof, such pivoting is possible. The examiner agrees the elongated U-shaped structure of the clip 8 defines a slot 11 between the top and bottom halves of the clip 8. The bottom half of the clip 8 is being identified as the claimed “first member”. The spaced, free end structural configuration of the respective clip halves defining the slot therebetween would inherently allow for at least minimal relative flexion of the halves resulting in an expansion of the width of the slot. This at least minimal flexion would provide pivoting of at least the bottom half of the clip 8 along an axis to a different position than the default position shown in Figs 1-2. This different position is being identified as the “open” position, while the default position shown in Figs. 1-2 is being identified as the “closed” position. Thus, the “first member” is “configured to pivot on an axis between a closed position and an open position.”
Regarding claim 14, the applicant argues the following:
“Instead, the latch 12 pivots, allowing the clip 8 to receive a pocket or not. However, the latch 12 does not include "a locking member coupled to the first end of the first member and configured to rotate from an unlocked position to a locked position[.]" The latch 12 rotates between an open and closed position but is never locked or unlocked by a locking member between its two states. Thus, Gostev does not disclose both a "first member being configured to pivot on an axis between a closed position and an open position [and] a locking member coupled to the first end of the first member and configured to rotate from an unlocked position to a locked position."
The examiner disagrees as per [0018] of Gostev, “The clip has the slot 11 in which the front fabric of the pocket is inserted. The clip has a spring-loaded security latch 12, which when locked prevents the holster from being accidentally or maliciously removed from the pocket. The latch is attached to the clip by the shaft 13 and loaded by the spring 14. The latch grabs and holds the pocket fabric in the slot by teeth 15. The latch can be released by pulling on its handle 16. This latch is shown locked in FIG. 1. FIG. 2 shows the latch being released and the holster can be removed from the pocket.” The latch 12 is being identified as the claimed “locking member”. Fig. 1 shows the latch 12 (locking member) being “locked”, while Fig. 2 shows the latch 12 (locking member) being “released” (unlocked). The shaft 13 rotatably couples the latch 12 (locking member) to the right end (first end) of the bottom half of the clip 8 (first member). The latch 12 being identified as the “locking member” is thus “coupled to the first end of the first member and configured to rotate from an unlocked position to a locked position.”
Regarding claim 14, the applicant argues the following:
“Furthermore, the latch 12 in Gostev is not "substantially perpendicular to the top surface of the first member when in the locked position." In fact, it is substantially perpendicular with the bottom half of the clip 8 (which is not a first member as explained above) when in the open position, which is not a locked position because the latch 12 is not a locking member (as explained above).”
The examiner disagrees as portion 15 of the latch 12 (locking member) is rotated from a released (unlocked) position in Fig. 2 to a locked position in Fig. 1, wherein portion 15 of the latch 12 (locking member) is “substantially” perpendicular to the top surface of the bottom half of the clip 8 (first member) when in the locked position.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
GB 2226073 discloses a an attachment clip 10 with a sliding mechanism 20, see abstract.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM L MILLER whose telephone number is (571)272-7068. The examiner can normally be reached 9:30 - 6:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
WILLIAM L. MILLER
Primary Examiner
Art Unit 3677
/WILLIAM L MILLER/Primary Examiner, Art Unit 3677