DETAILED ACTION
This Non-Final Office Action is in response to the above identified patent application filed on December 03, 2024. Claims 1 – 20 are pending and currently being examined.
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 .
Double Patenting
The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on non-statutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a non-statutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 2, 3, 5, 6, 7, 8, 9 & 10, 13 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claim 1 of (U.S. Patent No. 12,228,368 to Lin). Although the claims at issue are not identical, they are not patentably distinct from each other because (U.S. Patent No. 12,228,368) to Lin and the instant patent application 18/966,156 BOTH set forth:
“A band holster, comprising: a band body; a handgun pouch connected to said band body, wherein said handgun pouch has an accommodating compartment for holding a handgun; and a clasp means which is capable of being operated between a closed state for retaining the handgun at said handgun pouch and an open state for allowing the handgun to be retrieved from said handgun pouch;
wherein said clasp means is coupled to said handgun pouch and is configured to allow a single drawing operation of a single hand of the user to release said clasp means and retrieve the handgun from said handgun pouch;
wherein said handgun pouch comprises an inner layer connected to said band body, and an outer layer connected to said inner layer to define said accommodating compartment with a top opening communicated to said accommodating compartment, wherein said clasp means comprises a first connecting strap connected to said inner layer of said handgun pouch, a second connecting strap connected to said outer layer of said handgun pouch, and a clasp assembly which comprises a first clasp element connected to said first connecting strap, and a second clasp element connected to said second connecting strap, wherein said first clasp element is detachably coupled with said second clasp element for retaining the handgun at said accommodating compartment in said closed state and allows the handgun to be retrieved out through said top opening of said handgun pouch by the single drawing operation; wherein said clasp assembly is a pair of a button and a buttonhole member, wherein said button comprises a button seat which is embedded into an upper free end portion of said first connecting strap, and a button pin which is protruded from said button seat, wherein said button pin comprises an enlarged head portion and a circular clasping groove adjacent to said enlarged head portion, wherein said buttonhole member comprises a mounting strap which is folded to provide two strap layers which are clamping said upper free end portion of said first connecting strap to form a sandwich structure, a base plate attached to one of said strap layers, and a retention component attached to the other strap layer, wherein said retention component has a retention hole for engaging with said button pin and has an access opening which is communicated to said retention hole, wherein two retention pins are mounted in said access opening and are spaced apart from each other to allow said enlarged head portion of said button pin to be squeezed into said retention hole until said two retention pins are engaged with said circular clasping groove;
wherein when said clasp assembly is in the closed state for retaining the handgun at said accommodating compartment, a gap is defined between said upper free end portion of said first connecting strap and said upper free end portion of said second connecting strap, so as to allow a thumb of the hand of the user to slide into the gap to cause said clasp assembly to be released during the single drawing operation;
wherein said second connecting strap is an elastic strap, wherein said first connecting strap is in an upright state when said clasp assembly is in the open state; wherein said first connecting strap is mounted to an inner surface of said inner layer of said handgun pouch, wherein said second connecting strap is mounted to an outer side of said outer layer of said handgun pouch; and
wherein said button comprises a button seat which is embedded into an upper free end portion of said first connecting strap, and a button pin which is protruded from said button seat, wherein said button pin comprises an enlarged head portion and a circular clasping groove adjacent to said enlarged head portion, wherein said buttonhole member comprises a mounting strap which is folded to provide two strap layers which are clamping said upper free end portion of said first connecting strap to form a sandwich structure, a base plate attached to one of said strap layers, and a retention component attached to the other strap layer, wherein said retention component has a retention hole for engaging with said button pin and has an access opening which is communicated to said retention hole, wherein two retention pins are mounted in said access opening and are spaced apart from each other to allow said enlarged head portion of said button pin to be squeezed into said retention hole until said two retention pins are engaged with said circular clasping groove.”
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.
Claim 15 is 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 15, line 3 recites: “wherein said anti-slip layer is made of one of rubber material and silicon material.”
The phrase “made of one (1) of rubber material AND silicon material” renders the claim to be vague and indefinite because it is UNCLEAR to which aforementioned structure(s) is being encompassed with such language.
The term “AND” means the combination of both “rubber material” and “silicon material”.
However, Claim 15, line 3 states: “made of one”.
It is UNCLEAR if applicant is referring to the clasp means wherein the anti-slip layer being made of ONLY ONE “rubber material” OR “silicon material”.
Or if applicant is referring to the clasp means wherein the anti-slip layer being made of the combination of one “rubber and silicon materials together”.
Further clarification is required.
Claim Rejections - 35 USC § 103
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 2, 3, 4, 6, 7, 13 & 14 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Publication Number 2016 / 0265875 A1) to Malcolm in view of (U.S. Patent Number 5,236,113) to Wisser.
Malcolm discloses the band holster (1), comprising: the band body (1);
the handgun pouch (6) connected to the band body (1), wherein the handgun pouch (6) has an accommodating compartment (i.e. Interior Portion of (6) in Figure 1) for holding the handgun (7) (See Figures 1, 2 & 3).
However, Malcolm lacks and does not explicitly disclose the clasp means which is capable of being operated between the closed state for retaining the handgun at the handgun pouch and an open state for allowing the handgun to be retrieved from the handgun pouch.
Wisser teaches the clasp means (28 & 30) which is capable of being operated between the closed state (See Figure 1) for retaining the handgun (i.e. See Phantom Lines in Figure 1) at the handgun pouch (10) and an open state (See Figure 3) for allowing the handgun (See Phantom Lines in Figure 1) to be retrieved from the handgun pouch (10).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the clasp means which is capable of being operated between the closed state for retaining the handgun at the handgun pouch and an open state for allowing the handgun to be retrieved from the handgun pouch as taught by Wisser with the band holster of Malcolm in order to snugly secure the handgun held in the holster during storage to prevent excess movement and prevent accidental withdrawal (See Column 4, lines 65 – 68).
Regarding claim 2, Malcolm as modified by Wisser discloses wherein the clasp means (28 & 30) is coupled to the handgun pouch (10) and is configured to allow the single drawing operation of the single hand of the user to release the clasp means (28 & 30) and retrieve the handgun (i.e. See Phantom Lines in Figure 1) from the handgun pouch (10) (See Figure 1).
Regarding claim 3, Malcolm discloses wherein the handgun pouch (6) comprises an inner layer (i.e. Inner Layer Side of (6) in Figure 1) connected (i.e. via (9) in Figures 2, 3 & 9) to the band body (1), and an outer layer (i.e. Outer Layer Side of (6) in Figure 1) connected to the inner layer (i.e. Inner Layer Side of (6) in Figure 1) to define the accommodating compartment (i.e. Interior Compartment Pocket Space of (6) in Figure 1) with the top opening (i.e. Top Opening of (6) in Figure 1) communicated to the accommodating compartment (i.e. Interior Compartment Pocket Space of (6) in Figure 1 & 3).
Furthermore, Malcolm as modified by Wisser discloses wherein the clasp means (28 & 30) comprises the first connecting strap (28) connected to the inner layer (26) of the handgun pouch (10) (Se Figure 4), a second connecting strap (30) connected to the outer layer (16) of the handgun pouch (10) (See Figure 4), and the clasp assembly (i.e. Left & Right Fasteners (36) in Figures 2 & 3) which comprises the first clasp element (i.e. Male (36) in Figures 2) connected to the first connecting strap (28), and the second clasp element (i.e. Female (36) in Figure 3) connected to the second connecting strap (30), wherein the first clasp element (i.e. Male (36) in Figure 2) is detachably coupled with the second clasp element (i.e. Female (36) in Figure 3) for retaining the handgun (i.e. See Phantom Lines in Figure 1) at the accommodating compartment (i.e. Interior Portion of (10) in Figures 1, 2, 3 & 4) in the closed state (See Figure 1) and allows the handgun (i.e. See Phantom Lines in Figure 1) to be retrieved out through the top opening (i.e. Top Opening Portion of (10) in Figure 1) of the handgun pouch (10) by the single drawing operation.
Regarding claim 4, Malcolm as modified by Wisser discloses wherein the clasp assembly (i.e. Left & Right Fasteners (36) in Figures 2 & 3) is configured in the manner that the first clasp element (i.e. Male (36) in Figures 2) is capable of being detachably coupled with the second clasp element (i.e. Female (36) in Figures 3) to define the clasping position (i.e. Fastening Connection Location) which is above the top opening of the handgun pouch (10) (See Figures 1, 2 & 3).
Regarding claim 6, Malcolm as modified by Wisser discloses wherein when the clasp assembly (28 & 30) is in the closed state (See Figure 1) for retaining the handgun (i.e. Phantom Lines in Figure 3) at the accommodating compartment, the gap is defined between the upper free end portion of the first connecting strap (28) and the upper free end portion of the second connecting strap (38), so as to allow the thumb of the hand of the user to slide into the gap to cause the clasp assembly (28 & 30) to be released during the single drawing operation.
Regarding claim 7, Malcolm discloses the closed state (See Figure 9) which is configured to allow the thumb of the hand of the user to slide along an inner side of the body band (1).
Furthermore, Malcolm as modified by Wisser discloses wherein the clasp assembly (28 & 30) defines the clasping position (See Figure 1) in the closed state (See Figure 1) which is configured to allow the thumb of the hand of the user to slide along an inner side of the band body to apply the toggle force to the clasping position (See Figure 1) to cause the clasp assembly (28 & 30) to be released during the single drawing operation.
Regarding claim 13, Malcolm as modified by Wisser discloses wherein the first connecting strap (28) is detachably connected (i.e. via (32) VELCRO™ in Figure 1) to the inner layer (26) of the handgun pouch (10), the second connecting strap (30) is detachably connected (i.e. via (32) VELCRO™ in Figure 1) to the outer layer (16) of the handgun pouch (10) (See Figure 1).
Regarding claim 14, Malcolm as modified by Wisser discloses wherein the clasp means (28 & 30) further comprises the fixing layer (37) which fixes the second connecting strap (30) to the outer layer (16) of the handgun pouch (10), wherein the fixing layer (31 & 37) is made of the material fabric.
Claim(s) 8 is are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Publication Number 2016 / 0265875 A1) to Malcolm and (U.S. Patent Number 5,236,113) to Wisser as applied to claim 3 above, and further in view of (U.S. Patent Publication Number 2011 / 0226825 A1) to Sanford.
Regarding claim 8, Malcolm as modified by Wisser discloses the second connecting strap (30), wherein the first connecting strap (28) is in an upright state (See Figure 1) when the clasp assembly (28 & 30) is in the open state (See Figures 2 & 3).
However, Malcolm as modified by above does not explicitly disclose an elastic strap.
Sanford teaches the connecting strap (7) is an elastic strap (See Paragraph 0026) (See Figure 2).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the connecting strap an elastic strap as taught by Sanford with the band holster of Malcolm because the motivation only requires a simple substitution of one known connecting strap configuration for another to obtain predictable results.
Claim(s) 9 is are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Publication Number 2016 / 0265875 A1) to Malcolm and (U.S. Patent Number 5,236,113) to Wisser as applied to claim 3 above, and further in view of (U.S. Patent Publication Number 2017 / 0354197 A1) to Maker.
Regarding claim 9, Malcolm as modified by Wisser discloses wherein the first connecting strap (28) is mounted to the outer surface (i.e. Outer Side Surface of (16) in Figure 2, 3 & 4) of the inner layer (16) of the handgun pouch (10), wherein the second connecting strap (30) is mounted to an outer side (i.e. Outer Side of (26) in Figures 3 & 4) of the outer layer (26) of the handgun pouch (10) (See Figures 3 & 4).
However, Malcolm as modified by Wisser does not explicitly disclose wherein the first connecting strap (28) is mounted to the inner surface of the inner layer (16) of the handgun pouch (10).
Maker teaches the first connecting strap (i.e. Short (48) in Figure 5A) is mounted to the inner surface (i.e. Interior Surface of (42) in Figure 5A) of the inner layer (42) of the handgun pouch (40) (See Paragraph 0034) (See Figure 5A).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the first connecting strap mounted to the inner surface of the inner layer of the handgun pouch as taught by Maker with the band holster of Malcolm because the motivation only requires a simple substitution of one known equivalent connecting strap attachment location configuration for another to obtain predictable results.
Claim(s) 12 & 17 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Publication Number 2016 / 0265875 A1) to Malcolm and (U.S. Patent Number 5,236,113) to Wisser as applied to claim 1 above, and further in view of (U.S. Patent Number 11,561,065 B1) to Hoffman.
Regarding claim 12, Malcolm discloses further comprising the pouch assembly (6) which comprises an inner sheet (i.e. Inner / Left Side Sheet Panel of (6) in Figures 1, 2 & 3) and an outer sheet (i.e. Outer / Right Side Sheet Panel of (6) in Figures 1, 2 & 3) which are connected with each other to define the handgun pouch (i.e. Interior Pocket Compartment Portion of (6) in Figures 1 & 2).
However, Malcolm lacks and does not explicitly disclose one or more magazine pouches, wherein each of the one or more magazine pouches has an inclined magazine compartment so as to inclinedly storing the magazine, so as to allow the handgun to be spaced apart from the magazine.
Hoffman teaches one or more magazine pouches (86 & 88), wherein each of the one or more magazine pouches (86 & 88) has an inclined magazine compartment (i.e. Sloped Angled Interior Compartment of (86 & 88) in Figure 11) so as to inclinedly storing the magazine (100), so as to allow the handgun (14) to be spaced apart from the magazine (100) (See Figures 10 & 11).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make one or more magazine pouches, wherein each of said one or more magazine pouches has an inclined magazine compartment so as to inclinedly storing the magazine, so as to allow the handgun to be spaced apart from the magazine as taught by Hoffman with the band holster of Malcolm in order to store additional ammunition.
Regarding claim 17, Malcolm discloses further comprising the pouch assembly (6) which comprises an inner sheet (i.e. Inner / Left Side Sheet Panel of (6) in Figures 1, 2 & 3) and an outer sheet (i.e. Outer / Right Side Sheet Panel of (6) in Figures 1, 2 & 3) which are connected with each other to define the handgun pouch (See Figures 1, 2 & 3).
Furthermore, Malcolm as modified by Hoffman discloses the one or more magazine pouches (86 & 88), wherein each of the one or more magazine pouches (86 & 88) has an inclined magazine compartment (i.e. Sloped Angled Interior Compartment of (86 & 88) in Figure 11) so as to inclinedly storing the magazine (100), so as to allow the handgun (14) to be spaced apart from the magazine (100) (See Figures 10 & 11).
Claim(s) 18 is rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Publication Number 2016 / 0265875 A1) to Malcolm and (U.S. Patent Number 5,236,113) to Wisser as applied to claim 3 above, and further in view of (U.S. Patent Number 5,240,156) to Sicotte et al.
Regarding claim 18, Malcolm discloses further comprising one or more utility pouches (6).
However, Malcolm as modified above does not explicitly disclose comprising an attaching layer for detachably coupling with the band body, the holding layer connected to the attaching layer to define the holding compartment for receiving a personal item, and the connecting belt for retaining the personal item in the holding compartment.
Sicotte et al., teaches wherein each of the one or more utility pouches (40 & 50) comprises an attaching layer (46) for detachably coupling with the band body (20) (See Figure 3), the holding layer (i.e. Outer Layer of (40 & 50) in Figure 1) connected to the attaching layer (46 & 54) to define the holding compartment (i.e. Interior Storage Portion of (40) in Figure 1) for receiving the personal item (i.e. House / Car Keys, Identification, and the like) (See Column 4, lines 40 – 42), and the connecting belt (42 or 52) for retaining the personal item (i.e. House / Car Keys, Identification, and the like) (See Column 4, lines 40 – 42) in the holding compartment (i.e. Interior Storage Portion of (40) in Figure 1) (See Figures 1 & 3).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make an attaching layer for detachably coupling with the band body, the holding layer connected to the attaching layer to define the holding compartment for receiving a personal item, and the connecting belt for retaining the personal item in the holding compartment as taught by Sicotte et al., with the band holster of Malcolm in order to hold and store small personal items (See Column 4, line 40).
Allowable Subject Matter
Claims 5, 10, 11, 16, 19 & 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESTER L VANTERPOOL whose telephone number is (571)272-8028. The examiner can normally be reached 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan J. Newhouse can be reached on 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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/L.L.V/ Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734
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