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 Objections
Claim 12 is objected to because of the following informalities: “a belt component located the belt” should likely be “a belt component located on the belt”. Appropriate correction is required.
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) 1-5 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Outlaw (US 4,966,321 A).
Regarding claim 1, Outlaw discloses a tool holding sleeve (1) capable of being used on a tool belt, the tool holding sleeve comprising, a sleeve shaped body (Figs. 4-6) comprised of a flexible material (Col. 3; Ll. 18-20), the sleeve shaped body having a main body section (1) and a neck section (14), the main body section having an upper edge, a lower edge and a height that is greater than a height of the neck section (Fig. 2), wherein, the neck section extends along only a portion of the upper edge of the main body section such that the upper edge includes a neck free segment (Fig. 2, noting the section between 11 and B), and the upper edge of the main body section has a perimeter dimension that is larger than a perimeter dimension of the lower edge of the main body section (Fig. 2) such that an upper opening of the sleeve shaped body is larger than a lower opening of the sleeve shaped body (Fig. 4).
Regarding claim 2, Outlaw discloses the upper edge of the main body section has a perimeter dimension that is larger than a perimeter dimension of the lower edge of the main body section such that an upper opening of the sleeve shaped body is larger than a lower opening of the sleeve shaped body (Fig. 2), and a portion of the main body section (7) comprises a rigidity that is sufficient to cause the upper opening to take on an at least partly expanded condition (Col. 5; Ll. 59-65), or alternatively portion 9 will have some level of rigidity and when encircling a tool, will cause the upper opening to be at least partially expanded (Figs. 5 and 6).
Regarding claim 3, Outlaw discloses the neck section extends along only a
portion of the upper edge of the main body section (noting it does not extend along the upper edge of 9) such that the upper edge includes the neck free segment (where 4 is attached to claim 9), and the portion of the main body section comprising the rigidity (noting 9 must have some degree of rigidity) is aligned below the neck free segment.
Regarding claim 4, Outlaw discloses a first external attachment structure capable of mounting the tool holding sleeve on a right side of a tool belt (2), and a second external attachment structure (3) capable of mounting the tool holding sleeve on a left side of a tool belt.
Regarding claim 5, Outlaw discloses (Shown in Annotated Fig. 1 below) the main body section includes a first side segment (FS), a second side segment (SS) opposite the first side segment, and at least one end segment (ES) joining the first side segment and the second side segment, wherein a lateral dimension of the first side segment and the second side segment is larger than a lateral dimension of the end segment, wherein the first external attachment structure (2) is located on the first side segment (FS) and the second external attachment (3) structure is located on the second side segment (SS).
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Regarding claim 11, Outlaw discloses (Shown above in Annotated Fig. 1) a tool holding sleeve capable of use on a tool belt, the tool holding sleeve comprising: a sleeve shaped body comprised of a flexible material having a first side segment (FS) and a second side segment (SS), a first external attachment structure (2) located on the first side segment capable of mounting the tool holding sleeve on a right side of a tool belt, and a second external attachment structure (3) located on the second side segment capable of mounting the tool holding sleeve on a left side of a tool belt.
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) 6 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Outlaw (US 4,966,321 A) in view of Harpt (US 2021/0219706 A1).
Regarding claim 6, Outlaw discloses a tool sleeve shown attached to a belt, and specifically the tool sleeve of claim 4, and the first external attachment structure comprises a first strap member (2) oriented on the tool holding sleeve and the second external attachment structure comprises a second strap member (3) oriented on the tool holding sleeve, wherein the tool holding sleeve is selectively engageable on a belt, but does not specifically disclose a tool belt system, comprising, a tool belt strap having ends that are selectively connectable and disconnectable for being worn by a user; a first belt component located on a right side of the belt, from the perspective of a user wearing the belt, and a second belt component worn on a left side of the belt, from the perspective of a user wearing the belt, the first belt component including at least one first web loop for engaging with the first external attachment structure, the second belt component including at least one second web loop for engaging with the second external attachment structure; wherein (i) the first belt component with the first strap member engaged on the at least one first web loop to support the tool holding sleeve such that that the neck free segment, which forms a neck gap, faces in a first rearward and upward direction from a perspective of a user wearing the tool belt strap or (ii) the second belt component with the second strap member engaged with the at least one second web loop to support the tool holding sleeve such that that the neck free segment, which forms a neck gap, faces in a second rearward and upward direction from a perspective of a user wearing the tool belt strap.
Harpt demonstrates a tool belt system for attaching tool holders thereto including a tool belt system, comprising, a tool belt strap having ends that are selectively connectable and disconnectable (via 145) for being worn by a user; a first belt component located on a right side of the belt, from the perspective of a user wearing the belt, and a second belt component worn on a left side of the belt, from the perspective of a user wearing the belt (Figs. 9 and 10), the first belt component including at least one first web loop (125) for engaging with the first external attachment structure, the second belt component including at least one second web loop (Fig. 10, noting web loops 125 on either side of the central portion 150) for engaging with the second external attachment structure; wherein (i) a first belt component with the first strap member engaged on the at least one first web loop to support the tool holding sleeve (405) and (ii) the second belt component with the second strap member engaged with the at least one second web loop to support the tool holding sleeve (405).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Outlaw and use it with a tool supporting belt system of Harpt because such a change would allow the tool holding sleeve to be more securely attached to a belt as well as including a belt that is structured to have an increased capacity to hold tools beyond a normal belt. It is noted that the pouch of Outlaw mounted on the belt of Harpt located at a rearward oriented loop of 125, as shown in Fig. 10 would results in the neck free segment, which forms a neck gap, faces in a first rearward and upward direction from a perspective of a user wearing the tool belt strap or (ii) at least one second web loop to support the tool holding sleeve such that that the neck free segment, which forms a neck gap, faces in a second rearward and upward direction from a perspective of a user wearing the tool belt strap.
Regarding claim 12, Outlaw demonstrates a tool holding sleeve of claim 11 supportable on a tool belt, but does not specifically disclose a tool belt system including a tool belt strap having ends that are selectively connectable and disconnectable for being worn by a user; a belt component located on the belt, the belt component including at least one web loop, wherein the first external attachment structure comprises an external attachment strap sized for engagement through the at least one web loop for purpose of attachment to the belt component.
Harpt demonstrates a tool belt system including a tool belt strap (Figs. 1-10) having ends that are selectively connectable and disconnectable (via 145) for being worn by a user (Figs. 9 and 10), a belt component located on the belt, the belt component including at least one web loop (125), wherein a tool holding sleeve (405) includes a first external attachment structure (505) comprises an external attachment strap sized for engagement through the at least one web loop for purpose of attachment to the belt component.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Outlaw and use it with a tool supporting belt system of Harpt because such a change would allow the tool holding sleeve to be more securely attached to a belt as well as including a belt that is structured to have an increased capacity to hold tools beyond a normal belt.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Outlaw (US 4,966,321 A) in view of Kinskey (US 2015/0238002 A1).
Regarding claim 7, Outlaw does not specifically disclose the flexible material comprises a fabric material with one or more internal polymer cushions within at least the main body section.
Kinskey teaches a belt mounted tool holding system including a portion which faces the user formed from a fabric material with an internal polymer cushion (Paragraph 0042) providing additional comfort to the wearer (Paragraph 0036).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Outlaw and form a portion of the main body having a fabric covered polymer cushion in order to ensure that a padded portion contacts the user thereby improving comfort of the device as demonstrated by Kinskey.
Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vorsanger et al. (US 4,223,820 A)(Vorsanger) in view of Outlaw (US 4,966,321 A).
Regarding claim 8, Vorsanger discloses a tool holding sleeve (10) for use on a tool belt (40), the tool holding sleeve comprising, a flexible material (Abstract) having a preassembly configuration and an assembly configuration, wherein, the flexible material includes a body section (Fig. 1), wherein, in the preassembly configuration, the body section has a laid flat footprint that is a trapezoid shape (Col. 3; Ll. 24-28), the trapezoid shape including an upper perimeter edge with a first length and a lower perimeter edge with a second length (Figs. 1 and 3), the lower perimeter edge running substantially parallel to the upper perimeter edge, the first length being greater than the second length (Figs. 1 and 3), wherein the trapezoidal shape further includes a first perimeter edge running from the upper perimeter edge to the lower perimeter edge, and a second perimeter edge running from the upper perimeter edge to the lower perimeter edge, second perimeter edge running in a direction that is non-parallel to the first perimeter edge (Fig. 1, and noting the edge at which panels 22 and 23 are folded together and attached to one another), wherein, in an assembly configuration, the flexible material is formed into a sleeve shape, with the second perimeter edge connected to or on the first perimeter edge (Fig. 1), wherein an upper body opening of the body section of the sleeve shape is defined by the upper perimeter edge and a lower body opening of the sleeve shape is defined by the lower perimeter edge, such that the upper body opening is larger than the lower body opening (Fig. 2).
To the degree that Vorsanger does not specifically disclose a neck section, Outlaw demonstrates a similar tool sheath including an upper edge section formed with a neck portion (Fig. 3) including a reinforcing material (7) and hem.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Vorsanger and use the teaching of Outlaw and include a similar neck section in order to reinforce the upper edge of the sheath as well as to include a material to help hold a desired shape of the opening.
Regarding claim 9, modified Vorsanger demonstrates the neck section extends from the upper perimeter edge does not specifically disclose wherein the neck section extends from the upper perimeter edge; wherein, in the preassembly configuration, the neck section has a length that is less than the first length of the upper perimeter edge, such that a portion of the upper perimeter edge defines a neck free segment; wherein, in the assembly configuration, end edges of the neck section are not connected together, such that the neck section of the sleeve shape includes a gap therein that is aligned with the neck free segment of the body section.
Outlaw further demonstrates the sheath including, the neck section has a length that is less than the first length of the upper perimeter edge (noting the neck does not extend along the upper edge of portion 9), such that a portion of the upper perimeter edge defines a neck free segment (Figs. 5 and 6, noting the gap between ends of the neck portions); wherein, in the assembly configuration, end edges of the neck section are not connected together (Figs. 5 and 6), such that the neck section of the sleeve shape includes a gap therein that is aligned with the neck free segment of the body section.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Vorsanger and include a portion of an upper edge on an extension as combined with an adjustable attachment between sides of the sleeve in order to allow the device to change size to allow differently sized tools to be held therein as demonstrated by Outlaw.
Regarding claim 10, modified Vorsanger demonstrates and specifically Outlaw demonstrates a height of the neck section is less than twenty percent of a height of the main body section (Fig. 2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW T THEIS whose telephone number is 571-270-5700. The examiner can normally be reached 7:00 am - 5:00 pm Monday - Thursday.
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/M.T.T./ Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/ Supervisory Patent Examiner, Art Unit 3734
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