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 33 is objected to because of the following informalities: the claim needs to end with a period. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 17-19 and 21-33 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The “reveal” is unclear as it appears to be the same as the recess in both the figures and the specification.
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 17-19 and 21-33 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. The “reveal” is unclear as it appears to be the same as the recess in both the figures and the specification.
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) 17-19, 21-31 and 33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shetler et al. (US 6,752,299).
Regarding claim 17, Shetler discloses a carrying device for a tool, comprising: a base part (32); a receiving device (22) with a receiving space for receiving the tool; a retaining device (Fig. 10, central portion) that rotatably mounts and fastens the receiving device to the base part, wherein the retaining device includes a first retaining element (58) associated with the receiving device, and a second retaining element (at 72) associated with the base part; and, a latch device (Figs. 5 and 10) including a first latch (60 or 81) associated with the receiving device, and a second latch (70 or 83) associated with the base part so as to lock the receiving device in different positions relative to the base part, wherein one of the first retaining element and the second retaining element is a circular recess (Figs. 5 and 10), and the other of the first retaining element and the second retaining element is at least two hook protrusions (81, 83) that engage through the recess and engage behind an edge surface of the recess, wherein the at least two hook protrusions each have a bearing surface, wherein an entirety of the bearing surfaces of the hook protrusions cooperate with a reveal (inner portions of 72) of the recess to form an axis of rotation for rotatably mounting the receiving device on the base part. See Figs. 1-10.
Regarding claim 18, the first retaining element and the second retaining element are configured as a clip device that is engageable in a releasable manner. See Figs. 1-10.
Regarding claim 19, the two hook protrusions (81, 83) are movable radially inwards out of engagement counter to an elastic restoring force so that the receiving device is detachable from the base part. See Fig. 10.
Regarding claim 21, the base part is plate-shaped. See Figs. 1-5.
Regarding claim 22, each of the hook protrusions is mounted on at least one spring arm. The insertion and snap engagement nature of the protrusions are made possible via an arm that springs the protrusions.
Regarding claim 23, the latch device is a snap-in device. See col. 8, ll. 36-41.
Regarding claim 24, the first latch or the second latch is formed by interacting toothings. See Figs. 1-10.
Regarding claim 25, the first latch or the second latch is formed on an elastic arm. See Fig. 10.
Regarding claim 26, the retaining device includes a closing part (30 or 50) that is at least partially detachably fastened to the base part. See Fig. 4.
Regarding claim 27, the closing part is a hinge part that forms a joint with the base part. See Fig. 4.
Regarding claim 28, a closing device (44) that fastens the closing part to the base part. See Fig. 4.
Regarding claim 29, the closing device is formed on an end region of the closing part opposite the joint. See Fig. 4.
Regarding claim 30, the closing device includes a closing protrusion and a closing recess, wherein the closing protrusion is associated with one of the closing part and the base part and the closing recess is associated with the other of the closing part and the base part. See Fig. 4.
Regarding claim 31, the receiving device has a wall area that forms a guide surface on which the tool is guided into the receiving space. See Figs. 1-3.
Regarding claim 33, Shetler discloses a carrying device for a tool, comprising: a base part (32); a receiving device (22) with a receiving space for receiving the tool; a retaining device (Fig. 10, central portion) that rotatably mounts and fastens the receiving device to the base part, wherein the retaining device includes a first retaining element (58) associated with the receiving device, and a second retaining element (at 72) associated with the base part; and, a latch device (Figs. 5 and 10) including a first latch (60 and 81) associated with the receiving device, and a second latch (70 or 83) associated with the base part so as to lock the receiving device in different positions relative to the base part, wherein one of the first retaining element and the second retaining element is a circular recess, and the other of the first retaining element and the second retaining element is at least two hook protrusions (81 and 83) that engage through the recess and engage behind an edge surface of the recess, wherein the at least two hook protrusions each have a bearing surface, wherein an entirety of the bearing surfaces of the hook protrusions cooperate with a reveal (inner portions of 72) of the recess to form an axis of rotation for rotatably mounting the receiving device on the base part, wherein each hook protrusion is mounted on at least one spring arm (base of 81 and 83). See Figs. 1-10.
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) 32 is rejected under 35 U.S.C. 103 as being unpatentable over Shetler as applied above in further view of Schuda (US 12,416,471).
Regarding claim 32, Shetler does not disclose a knife. Schuda, which is drawn to carrying device, discloses a tool that is a knife or comprises a knife. See col. 4, ll. 15-16. Thus, it 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 to have the tool of Shetler be knife, as disclosed Schuda, in order to house and transport a knife.
Response to Arguments
Applicant's arguments filed 6/9/2026 have been fully considered but they are not persuasive. Applicant argues that Shetler does not disclose the latest amendments. The Office respectfully disagrees. Particularly, it is the Office’s position that Shetler discloses the “two hook protrusions” as claimed. See above rejection. The Office agrees that the hook protrusions of Shetler are part of element (58); however, there is nothing in the claims that prohibits a “separate connector pin” as argued by applicant. The claims simply state that the first retaining element (with the hook protrusions) be associated with the receiving device. See cl. 17 and 33. As such, Shetler discloses the first retaining element (58) associated with the receiving device (22); and two hook protrusions (81, 83) of the first retaining element engage behind an edge surface of the recess. Applicant is advised to further clarify the invention.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEREK J BATTISTI whose telephone number is (571)270-5709. The examiner can normally be reached 9:00 am - 5:00 pm M-F.
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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.
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/DEREK J BATTISTI/Primary Examiner, Art Unit 3734
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