DETAILED ACTION
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) 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yeates (US 10,871,347).
Regarding claim 1, Yeates discloses a retention holster for a handgun outfitted with a weapon mounted light (intended use, Yeates being capable of such use), comprising: a holster shell 103, a latch 140 movable between locked and released positions, the latch when in the locked position configured to engage a surface of the light to prevent removal of the handgun from the holster, the latch when in the released position configured to permit removal of the handgun from the holster, and a thumb release 120/130 configured to move the latch from the locked position to the released position.
Regarding claim 2, the latch is spring biased by 139 and 162 toward the locked position.
Regarding claim 3, the latch pivots about an axis A(L) parallel to a bore of a barrel of the handgun.
Regarding claim 4, the thumb release 120/130 translates along the axis – Figure 13.
Regarding claims 5 and 6, a mechanism 145/137 configured to transform translational motion of the thumb release into pivoting motion of the latch, wherein the mechanism comprises: a helical slot 145 operably associated with the latch, and a cross pin 137 operably associated with the shell and riding in the helical slot.
Regarding claim 7, Yeates discloses a retention holster 100 for a handgun outfitted with a weapon mounted light, comprising: a holster shell 103, a housing 116/118 secured to the shell, a shaft 130 disposed in the housing and having a latch member 140 splined to the shaft, a cross pin 148 secured to the housing and riding in a helical slot 137 in the shaft, and a thumb button 120 secured to the shaft, whereupon pressing the thumb button downwardly rotates the latch member between locked and released positions, the latch member when in the locked position configured to engage a surface of the weapon mounted light to prevent removal of the handgun from the holster, the latch member when in the released position configured to permit removal of the handgun from the holster.
Regarding claim 8, a first spring 139 biasing the thumb button upwardly.
Regarding claim 9, a pocket 118 in the housing capturing the latch member, the latch member and pocket dimensioned to allow a limited amount of axial travel of the latch member relative to the housing, and a second spring 162 biasing the latch member upwardly.
Regarding claim 10, the shaft, latch member, cross pin and first spring are configured to permit the latch member to be moved out of the locked position by the weapon mounted light, allow insertion of the handgun into the holster, and move the latch member back into the locked position – see Figure 14 and 17.
Allowable Subject Matter
Claim 11 is 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
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
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