Notice of Pre-AIA or AIA Status
1. 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 § 103
2. 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 (i.e., changing from AIA to pre-AIA ) 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.
3. 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.
4. Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Sanders (US D248,797 S) in view of Kwok (US D564,592 S) and Borson (US 6,659,317 B2).
Regarding claim 1, Sanders (see annotated Figure 4 below) discloses a tool system comprising: a holster (see Title) comprising: a holster body (A, below), and a retaining cage (B/C/D, below), having an opening (E, below), affixed to the holster body; and one or more pass-throughs (see belt clip / pass-through in Figure 2). Sanders fails to disclose an adhesive dispenser comprising: a handle comprising: a first end, having a first end width, a second end, having a second end width, and a handle body disposed between the first end and the second end. Kwok discloses an adhesive dispenser comprising: a handle comprising: a first end, having a first end width, a second end, having a second end width, and a handle body disposed between the first end and the second end (see Figures). Borson teaches that it was already known in the art to use a cage like that of Sanders to retain the neck of a tool (see Figures). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have used the Sanders holster cage to hold the neck of an adhesive dispenser tool like that of Kwok, where such tool holster use was already known in the art, as shown by Borson.
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Regarding claim 2, Sanders as modified above would include the system of Claim 1, wherein the retaining cage would be configured to securely house the handle body, such that the adhesive dispenser may be in at least one of a secured state and an unsecured state. The dispenser neck handle body would be removably secured within the Sanders cage.
Regarding claim 3, Sanders as modified above would include the system of Claim 1, wherein Sanders discloses the retaining cage further comprises: one or more affixation segments (B, above) affixing the retaining cage to the holster body; one or more securing segments (D, above) configured to securely house the handle body such that the adhesive dispenser may be in at least one of a secured state and an unsecured state; and one or more support arms (C, above) disposed between the one or more affixation segments and the one or more securing segments.
Regarding claim 4, Sanders as modified above would include the system of Claim 3, wherein the handle body tapers from the first end to the second end, as taught by Kwok (see Kwok Figures).
Regarding claim 5, Sanders as modified above would include the system of Claim 3, wherein the retaining cage is able to accommodate the second end width via the opening. The dispenser neck handle body would be inserted through the opening of the Sanders cage.
Regarding claim 6, Sanders as modified above would include the system of Claim 3, wherein the opening is defined by a space between the one or more support arms, as taught by Sanders (see Sanders Figures and E, above).
Regarding claim 7, Sanders as modified above would include the system of Claim 3, wherein the one or more support arms extend distally from at least one of the one or more affixation points and the holster body, as taught by Sanders (see Sanders Figures and C and B above).
Regarding claim 8, Sanders as modified above would include the system of Claim 1, wherein the retaining cage is a unibody member, taught by Sanders (see Sanders Figures).
Regarding claim 9, Sanders as modified above would include an adhesive dispenser system comprising: a holster comprising: a holster body having one or more pass-throughs (see belt clip / pass-through in Figure 2), and a retaining cage, having an opening, affixed to the holster body comprising: one or more affixation segments affixing the retaining cage to the holster body, one or more securing segments, and one or more support arms disposed between the one or more affixation segments and the one or more securing segments, all as taught by Sanders; an adhesive dispenser comprising: a handle comprising: a first end, having a first end width, a second end, having a second end width, and a handle body disposed between the first end and the second end, wherein the handle body tapers from the first end to the second end, as taught by Kwok, wherein the retaining cage is able to accommodate the second end width via the opening, wherein the one or more securing segments are configured to securely house the handle body, such that the adhesive dispenser may be in at least one of a secured state and an unsecured state, as taught by Borson.
Regarding claim 10, Sanders as modified above would include the system of Claim 9, wherein the opening is defined by a space between the one or more support arms, as taught by Sanders (see Sanders Figures and C and E above).
Regarding claim 11, Sanders as modified above would include the system of Claim 9, wherein the one or more support arms extend distally from at least one of the one or more affixation points and the holster body, as taught by Sanders (see Sanders Figures and C and B above).
Response to Arguments
5. Applicant’s arguments filed 3/2/26 have been fully considered but are not persuasive. Applicant has argued that none of Sanders, Kwok, or Borson mention a holster including pass-throughs. As set forth in paragraph 4 above, Sanders discloses a pass-through as claimed in the form of a belt clip. A belt would certainly pass through the belt clip when attached thereto.
Conclusion
6. THIS ACTION IS MADE FINAL. 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.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN MATTHEW LARSON whose telephone number is (571)272-8649. The examiner can normally be reached Monday-Friday, 7am-3pm. 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, Nathan Newhouse can be reached at (571)272-4544. 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.
/JUSTIN M LARSON/Primary Examiner, Art Unit 3734 3/10/26