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 12/23/24 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.
Title
3. The title of the invention is also not descriptive of the presently claimed holster. A new title is required that is clearly indicative of the invention to which the claims are directed.
Abstract
4. The abstract is objected to because it does not describe the invention presently claimed. The current abstract is still to the adapter tool itself, which was claimed in previous applications, and not the holster of the present claims.
Claim Rejections - 35 USC § 102
5. 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.
6. 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.
7. Claims 1-6, 8-16, 18, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Banks (US 4,830,247 A).
Regarding claim 1, Banks discloses a holster adapted for selectively holding and releasing a tool (tool not currently being claimed in combination due to the functional language “adapted for selectively holding and releasing”), comprising: a substantially planar body (12) having an upper end, a lower end, and two sidewalls extending therebetween, said body having a front surface and a rear surface; a cap bar (30) positioned proximate to said upper end and extending outwardly from said front surface of said body, said cap bar having an engagement surface (any surface thereof is an “engagement surface” as so broadly claimed); a pocket (24/26) positioned below said cap bar, said pocket having a receiver (26) adapted to receive a lower end of a tool; and a U-shaped retainer (32) positioned between said cap bar and said receiver of said pocket, said U-shaped retainer adapted to secure a mid-portion of said tool, wherein said pocket and said U-shaped retainer are configured to removably secure an upper portion of said tool proximate to said engagement surface of said cap bar.
Regarding claim 2, Banks discloses the holster of claim 1, wherein said cap bar has at least one recess that has an inner diameter (see circular recess within 30), wherein said inner diameter of said recess is larger than an outer diameter of a body of said tool and smaller than an outer diameter of a retractable cap of said tool (tool still not being claimed in combination).
Regarding claim 3, Banks discloses the holster of claim 1, further comprising at least one arm (22) extending from said rear surface and substantially parallel to said body, wherein said at least one arm is configured to selectively interconnect to a belt (belt not currently being claimed in combination due to the functional language “configured to selectively interconnect to”).
Regarding claim 4, Banks discloses the holster of claim 1, wherein said pocket (24/26) is configured to receive a drill bit of said tool (no drill bit or tool being claimed in combination and the pocket 24/26 of Banks is capable of receiving a drill bit of some tool).
Regarding claim 5, Banks discloses the holster of claim 1, wherein said U-shaped retainer (32) has two arms that define an inner diameter (see Figures) that is substantially the same as an outer diameter of a body of said tool (tool still not being claimed in combination).
Regarding claim 6, Banks discloses the holster of claim 5, wherein a distance between two ends of said arms is less than said outer diameter of said body of said tool such that said body is configured to deflect at least one of said arms to be positioned in said inner diameter defined by said arms (tool still not being claimed in combination).
Regarding claim 8, Banks discloses a holster adapted for selectively holding and releasing a tool (tool not currently being claimed in combination due to the functional language “adapted for selectively holding and releasing”), comprising: a body (12) having a front surface and a rear surface; a cap bar (30) extending outwardly from said front surface of said body, said cap bar having an engagement surface (any surface thereof is an “engagement surface” as so broadly claimed); a receiver (24/26) adapted to receive a lower end of said tool; and a retainer (32) positioned between said cap bar and said receiver, said retainer having two arms (see Figures) adapted to secure a mid-portion of said tool, wherein said retainer and said receiver are configured to removably secure an upper portion of said tool proximate to said engagement surface of said cap bar and configured to allow said tool to move along a longitudinal axis while secured by said two arms of said retainer.
Regarding claim 9, Banks discloses the holster of claim 8, wherein said cap bar (30) has at least one recess (see circular recess within 30) that has an inner diameter, wherein said inner diameter of said recess is larger than an outer diameter of a body of said tool and smaller than an outer diameter of a retractable cap of said tool (tool still not being claimed in combination).
Regarding claim 10, Banks discloses the holster of claim 8, further comprising at least one arm (22) extending from said body, wherein said at least one arm is configured to selectively interconnect to a belt (belt not currently being claimed in combination due to the functional language “configured to selectively interconnect to”).
Regarding claim 11, Banks discloses the holster of claim 10, wherein said at least one arm extends from said rear surface of said body (see Figures).
Regarding claim 12, Banks discloses the holster of claim 8, further comprising a holder having at least one protrusion (38a), wherein said holder is configured to retain an additional tool (additional tool not currently being claimed in combination due to the functional language “configured to retain”).
Regarding claim 13, Banks discloses the holster of claim 12, wherein said holder extends outward from said front surface of said body (see Figure 3).
Regarding claim 14, Banks discloses the holster of claim 8, wherein a top surface (46) of said receiver comprises an inward taper (see circular taper) to direct said lower end of said tool into said receiver (tool still not being claimed in combination).
Regarding claim 15, Banks discloses the holster of claim 8, wherein said two arms are in a U-shape to define an inner diameter that is substantially the same as an outer diameter of said body of said tool (tool still not being claimed in combination).
Regarding claim 16, Banks discloses the holster of claim 15, wherein a distance between two ends of said two arms is less than said outer diameter of said body of said tool such that said body is configured to deflect at least one of said two arms to be positioned within said inner diameter defined by said two arms (tool still not being claimed in combination).
Regarding claim 18, Banks discloses a holster adapted for selectively holding and releasing a tool (tool not currently being claimed in combination due to the functional language “adapted for selectively holding and releasing”), comprising: a body (12) having a front surface and a rear surface; a cap bar (30) extending outwardly from said front surface of said body, said cap bar having an engagement surface (any surface thereof is an “engagement surface” as so broadly claimed) and at least one recess (see circular recess) having an inner diameter that is larger than an inner diameter of a cap of said tool and smaller than an outer diameter of said cap of said tool (tool still not being claimed in combination); a receiver (24/26) adapted to receive a lower end of said tool; and a retainer (32) positioned between said cap bar and said receiver, said retainer aligned with said receiver and adapted to secure a mid-portion of said tool, wherein said retainer is configured to removably secure an upper portion of said tool proximate to said engagement surface of said cap bar such that a movement of said tool in a longitudinal direction causes said engagement surface of said cap bar to deflect said cap of said tool.
Regarding claim 19, Banks discloses the holster of claim 18, wherein said retainer (32) has two arms (see Figures), and a distance between two ends of said two arms is greater than zero and less than an outer diameter of said body of said tool such that said body is configured to temporarily deflect at least one of said two arms to be positioned within an inner diameter defined by said two arms (tool still not being claimed in combination).
Claim Rejections - 35 USC § 103
8. 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.
9. Claims 7, 17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Banks (US 4,830,247 A) in view of Szabo (US 2010/0294821 A1).
Regarding claims 7, 17, and 20, Banks discloses the holster of claims 1, 8, and 18 but fails to further disclose a second pocket and a second U-shaped retainer, wherein a distance between said second pocket and said second U-shaped retainer is larger than a distance between said pocket and said U-shaped retainer. Banks discloses only one holder for a single caulk tube on the planar body. Szabo teaches that it was already known for a planar holster body (14) to include two similar holders (16a,16b) for holding two articles (12a,12b). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have modified the Banks holster to include two holders, as taught by Szabo, each including a pocket and a U-shaped retainer, as originally taught by Banks, the motivation being to allow a user to carry two articles (caulk guns) instead of just one, as taught by Szabo. Furthermore, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. Regarding the second pocket and second U-shaped retainer having different spacing, it would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have spaced the second pocket and second U-shaped retainer differently than the first ones, the motivation being to fit a different sized article. Furthermore, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Conclusion
10. 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 6/23/26
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