DETAILED ACTION
Claim Objections
The claims are objected to because they include reference characters which are not enclosed within parentheses.
Reference characters corresponding to elements recited in the detailed description of the drawings and used in conjunction with the recitation of the same element or group of elements in the claims should be enclosed within parentheses so as to avoid confusion with other numbers or characters which may appear in the claims. See MPEP § 608.01(m).
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-? 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, line 7, recites “the base” without specifying if it is referring to the base of the interior panel or exterior panel rendering the claim indefinite.
Claim 9, line 3, recites “a gel insert” rendering the claim indefinite because it is unclear if additional gel insert is being claimed or if the claim is meant to refer to the gel insert of claim 1.
Claim 10, line 2, recites that the gel insert if made of medical grade gel rendering the claim indefinite because it is unclear what qualifies as “medical grade gel” and the specification fails to provide any additional clarification.
Claim 11, line 7, recites “the base” without specifying if it is referring to the base of the interior panel or exterior panel rendering the claim indefinite.
Claim 17, line 3, recites “a gel insert” rendering the claim indefinite because it is unclear if additional gel insert is being claimed or if the claim is meant to refer to the gel insert of claim 1.
Claim 17, line 9, recites that the gel insert if made of medical grade gel rendering the claim indefinite because it is unclear what qualifies as “medical grade gel” and the specification fails to provide any additional clarification.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Galco Holsters Mycloud IWB Accessory (https://www.galcogunleather.com/mycloud-iwb-accessory_8_7_1558.html “Galco”) in view of Callsen et al. (US 2002/0096811).
Regarding claims 1-17, Galco discloses a concealed carry comfort device substantially as claimed, including: a body having an interior and exterior panel positioned directed above/behind one another, the exterior panel formed as a loop material, a seal extending around the perimeter of the interior and exterior panels and being secured thereto by stitching threaded through the panels and seal. Furthermore, each panel is shaped with a base, left and right edges, and end angled edge as claimed (noting that the exterior panel has the same shape, base and edges as the interior panel). See Examiner’s Figures 1, 2 and 3 below. (The date of the Galco holster accessory dates to at least 2021 – see attached product information guide which is copyrighted to 2021 and also see product reviews which date back to 1/30/2022.)
Galco does not disclose: a gel insert in a cavity between the panels (claims 1, 9, 11 and 17) or the interior panel being made from neoprene (claim 4 and 13). Callsen teaches that a similar pad device 10 wherein the interior or body contact panel 22/24 includes a neoprene material 24 and wherein there is a gel insert 60 located within a cavity between interior and exterior panels (see Figure 2). Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to make the interior panel of the Galco holster pad from a neoprene material in order to provide an alternative material that increases the comfort of the pad, and furthermore to provide a gel insert between the interior and exterior panels in order to provide extra padding/cushioning to the holster.
Regarding claims 10 and 17 which recite that the gel insert is medical grade, the gel insert 60 taught by Callsen is made from polyurethane gel which is capable of being used in the medical industry to the degree presently claimed.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COREY NELSON SKURDAL whose telephone number is (571)272-9588. The examiner can normally be reached Mon-Fri 9am-4pm EST.
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/COREY N SKURDAL/Primary Examiner, Art Unit 3734