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 .
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 7/20/26 is noted. The submission is in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the examiner is considering the information disclosure statement.
Continued Examination Under 37 CFR 1.114
3. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/12/26 has been entered.
Claim Rejections - 35 USC § 102
4. 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.
5. 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.
6. Claims 1-5 and 7-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sucher (US 914,989 A).
Regarding claim 1, Sucher discloses a holster comprising: a holster body (10), a retaining cage (15/16/17/18/19) affixed to the holster body, the retaining cage comprising: a first support arm (16), a second support arm (17), a support segment (15) affixed to the first support arm and the second support arm, an opening having a first width and a second width, the first width defined by a first space between an apex point of the first support arm and an apex point of the second support arm, and the second width defined by a second space between a first attachment point between the first arm and the support member and a second attachment point between the second arm and the support member (see Figure 1), the first width being lesser than the second width, wherein the first width is configured to accommodate a handle (see lines 77-84; handle not currently being claimed in combination); and one or more pass-throughs (inherent holes in 10 created for or by screws 12) integrally formed in the holster body (see Figures).
Regarding the Sucher holster being an adhesive dispenser system, the claim itself defines the structure that constitutes the claimed adhesive dispenser system. Sucher discloses all of the presently claimed structure and can therefore be considered an adhesive dispenser system as presently claimed even through Sucher makes no mention of an adhesive dispenser. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. There is no structure in Sucher that would physically prevent a user from choosing to insert the handle of an adhesive dispenser, rather than a broom handle, into the cage of Sucher.
Regarding claim 2, Sucher discloses the system of Claim 1, wherein the retaining cage would be configured to securely house the handle, such that the handle may be in at least one of a secured state (within the cage) and an unsecured state (withdrawn from cage).
Regarding claim 3, Sucher discloses the system of Claim 1, wherein the retaining cage further comprises: one or more affixation segments (18 and 19) affixing the retaining cage to the holster body.
Regarding claim 4, Sucher discloses the system of Claim 3, wherein the handle tapers from a first end to a second end. The handle is still not being claimed in combination and there is no structure in Sucher that would prevent a user from choosing to support a tool with a tapered handle as only functionally claimed.
Regarding claim 5, Sucher discloses the system of Claim 4, wherein the retaining cage is able to accommodate the second end via the opening. The handle is still not being claimed in combination and there is no structure in Sucher that would prevent a user from choosing to support a tool such that the second end of a tapered handle is accommodated within the opening as only functionally claimed.
Regarding claim 7, Sucher discloses the system of Claim 3, wherein the first support arm (16) and the second support arm (17) extend distally from at least one of the one or more affixation points (18 and 19) and the holster body (see Figure 1).
Regarding claim 8, Sucher discloses the system of Claim 1, wherein the retaining cage is a unibody member (see Figure 1 and “single piece of wire” in line 9).
Regarding claim 9, Sucher discloses an adhesive dispenser system comprising: a holster comprising: a holster body (10), having one or more pass-throughs (inherent holes in 10 created for or by screws 12) integrally formed in the holster body, a retaining cage (15/16/17/18/19), having an opening (proximate 15, between 16 and 17), affixed to the holster body (via 18 and 19) comprising: one or more affixation segments (18 and 19) affixing the retaining cage to the holster body, one or more securing segments (15), and one or more support arms (16 and 17) disposed between the one or more affixation segments and the one or more securing segments.
Regarding the Sucher holster being an adhesive dispenser system, the claim itself defines the structure that constitutes the claimed adhesive dispenser system. Sucher discloses all of the presently claimed structure and can therefore be considered an adhesive dispenser system as presently claimed even through Sucher makes no mention of an adhesive dispenser. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. There is no structure in Sucher that would physically prevent a user from choosing to insert the handle of an adhesive dispenser, rather than a broom handle, into the cage of Sucher.
Regarding claim 10, Sucher discloses the system of Claim 9, wherein the opening is defined by a space between the one or more support arms (see Figure 1).
Regarding claim 11, Sucher discloses 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 (see Figure 1).
Regarding claim 12, Sucher discloses the system of Claim 9, wherein the one or more support arms (16 and 17) further comprise: a first support arm (16), and a second support arm (17), wherein the opening is defined by a space between an apex point of the first support arm and an apex point of the second support arm (see Figure 1).
Regarding claim 13, Sucher discloses the system of Claim 12, wherein the opening has a first width and a second width (see lines 77-84).
Regarding claim 14, Sucher discloses the system of Claim 13, wherein the first width is defined by a first space between an apex point of the first support arm and an apex point of the second support arm, and the second width is defined by a second space between a first attachment point between the first support arm and the one or more securing segments and a second attachment point between the second support arm and the one or more securing segments (see Figure 1 and lines 77-84).
Regarding claim 15, Sucher discloses a holster comprising: a holster body (10) having a front surface and a back surface; one or more pass-throughs (inherent holes in 10 created for or by screws 12), each of the one or more pass-throughs comprising a cutout perforating the holster body and enabling fluid communication between the front surface and the back surface (see Figure 2) such that a belt is insertable therethrough (belt not being claimed in combination); and a retaining cage (15/16/17/18/19) affixed to the front surface of the holster body, the retaining cage being a unibody member (see Figure 1 and “single piece of wire” in line 9) comprising: one or more affixation segments (18 and 19) affixing the retaining cage to the holster body, a surface of the one or more affixation segments being flush with the holster body (see Figures 1 and 2, “flush” in this case taken to mean seated directly against), one or more securing segments (15), and one or more support arms (16 and 17) disposed between the one or more affixation segments and the one or more securing segments, the one or more support arms extending distally from the one or more affixation segments and the holster body such that the retaining cage extends away from the front surface (see Figures), and the one or more support arms defining an opening of the retaining cage therebetween (see Figures).
Regarding claim 16, Sucher discloses the holster of Claim 15, wherein the one or more affixation segments comprise a first affixation segment (18) and a second affixation segment (19) permanently affixed to the holster body at opposing ends of the holster body via one or more mounting pins (22,23 - each staple is effectively two “pins” or sharp piece of metal).
Regarding claim 17, Sucher discloses the holster of Claim 15, wherein the opening defines an opening width, and wherein an interior edge of the one or more securing segments defines a securing segment width greater than the opening width (see Figure 1 and lines 77-84).
Regarding claim 18, Sucher discloses the holster of Claim 15, wherein the one or more support arms (16 and 17) are orthogonal to the one or more affixation segments (see lines 42-48) and position the retaining cage perpendicular to the front surface (with respect to the front surface in the same direction as 18 extends, see Figure 1).
Regarding claim 19, Sucher discloses the holster of Claim 15, wherein the one or more pass-throughs comprise two pass- throughs (inherent holes in 10 created for or by two screws 12), and wherein the holster body is slidable onto a belt via the two pass-throughs. The belt is not being claimed in combination and there is no structure in Sucher that would physically prevent a user from choosing to slide the holster body (10) onto a string belt using the screw holes as only functionally claimed.
Response to Arguments
7. Applicant’s arguments filed 8/12/26 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
8. 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 8/20/26
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