DETAILED ACTION
Election/Restrictions
Claims 1-6 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/22/26.
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) 7-9, 11, 18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by French (US 7,461,765).
Regarding claim 7, French discloses a holster 10, comprising: an outer wall system defining a holster cavity configured to receive a firearm, wherein the outer wall system spans between a forward end and an open aft end, wherein the open aft end is configured for the firearm to pass therethrough (Figure 1 and 5); and a safety system coupled to the outer wall system, the safety system comprising: a primary safety device 20 comprising a firearm retention flange 80 spanning in a first direction and a user actuation flange 100 spanning in a second direction, wherein the primary safety device is configured to move between (a) a closed position in which the firearm retention flange blocks at least a portion of the open aft end of the holster cavity to retain the firearm in the holster cavity and (b) an open position to permit the firearm to pass through the open aft end of the holster cavity (see Figures 1 and 2).
Regarding claim 8, the primary safety device is configured move between the closed position and the open position in response to a force being applied to the user actuation flange – col. 5 lines 45-67.
Regarding claim 9, see safety base 66 to which the firearm retention flange and the user actuation flange are coupled, wherein the safety base is coupled to the outer wall system at a pivot point 88 about which the primary safety device is configured to pivot between the closed position and the open position.
Regarding claims 11 and 18, see col. 2 lines 36-39.
Regarding claim 20, flange 80 can be considered a “extended retention flange” to the degree claimed wherein it has one end attached to a first side panel of the outer wall system and wherein a distal end is configured to couple to a second side panel of the outer wall system when in the closed position – see Figure 6.
Allowable Subject Matter
Claims 10, 12-17, and 19 are objected to as being dependent upon a rejected base claim, it would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/COREY N SKURDAL/ Primary Examiner, Art Unit 3734
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