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 .
Claim Rejections - 35 USC § 102
2. 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.
3. 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.
4. Claims 1, 5-17, 20, 22, and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin Wu (US 6,874,630 B2).
Regarding claim 1, Lin Wu discloses a pliers sheath for holding a pliers, the pliers having a head and handles connected to the head at a joint (pliers not currently claimed in combination due to functional “for holding” language, and as evidenced by claim 19), the pliers sheath comprising: a mounting portion (proximate 11) for mounting the sheath onto a support structure; a pliers holder (10/12) comprising flexible material (see “elastic” in col. 2 line 17), the pliers holder including a holder body (10/12) defining a receiving space for receiving the head of the pliers (see Figures), the pliers holder including a keeper (any of 14) arranged to engage one of the handles to retain the pliers in the sheath, the flexible material being configured to permit the keeper to resiliently deflect laterally outward, away from the receiving space and from an at rest position, in response to the insertion of the pliers into the receiving space, and the flexible material being configured to resiliently return the keeper toward the at rest position when the pliers is in the pliers holder. The pliers are not being claimed in combination and this is not a method claim involving the actual insertion of pliers. There is no structure in Lin Wu that would physically prevent a user from choosing to insert a different pair of pliers, one having recesses on its handles, that would allow the elastic keepers to naturally return toward the rest position as only functionally claimed.
Regarding claim 5, Lin Wu discloses the pliers sheath of claim 1, wherein the keeper (one of the lower 14) is a first keeper, the pliers holder further comprising a second keeper (one of the upper 14) arranged to engage the pliers to retain the pliers in the sheath, the flexible material being configured to permit the second keeper to deflect away from an at rest position in response to the insertion of the head of the pliers into the receiving space, the flexible material being configured to resiliently return the second keeper toward the at rest position. There is no structure in Lin Wu that would physically prevent a user from choosing to insert a different pair of pliers, one whose head would engage the keepers upon insertion as only functionally claimed. The pliers as shown by Lin Wu could also be inserted at an initial angle, perhaps by a rushed user, where the head of the shown pliers would contact and deflect the keeper before further insertion eventually straightened out the alignment of the pliers to that shown by Lin Wu. None of this functional language defines any specific sheath structure not taught by Lin Wu.
Regarding claim 6, Lin Wu discloses the pliers sheath of claim 5, wherein the second keeper (one of the upper 14) protrudes into the receiving space above the first keeper (one of the lower 14).
Regarding claim 7, Lin Wu discloses the pliers sheath of claim 6, wherein the receiving space is configured to receive the pliers in a receiving direction (downward), and the second keeper protrudes into the receiving space transversely with respect to the receiving direction (sideways).
Regarding claim 8, Lin Wu discloses the pliers sheath of claim 7, wherein the first and second keepers are configured to conjointly retain the pliers in the pliers holder (see Figures where all keepers are effectively engaging and retaining the pliers).
Regarding claim 9, Lin Wu discloses the pliers sheath of claim 5, wherein the pliers holder further comprises a third keeper (other of the lower 14), arranged to engage another of the handles to retain the pliers in the sheath, the flexible material being configured to permit the third keeper to deflect away from an at rest position in response to the insertion of the pliers into the receiving space, the flexible material being configured to resiliently return the third keeper toward the at rest position.
Regarding claim 10, Lin Wu discloses the pliers sheath of claim 9, wherein the third keeper (the other of the lower 14) protrudes into the receiving space toward the first keeper (one of the lower 14).
Regarding claim 11, Lin Wu discloses the pliers sheath of claim 10, wherein the receiving space is configured to receive the pliers in a receiving direction (downward), and the third keeper protrudes into the receiving space transversely (sideways) with respect to the receiving direction.
Regarding claim 12, Lin Wu discloses the pliers sheath of claim 11, wherein the first, second, and third keepers are configured to conjointly retain the pliers in the pliers holder (see Figures where all keepers are effectively engaging and retaining the pliers).
Regarding claim 13, Lin Wu discloses the pliers sheath of claim 1, wherein the keeper includes a thumb having a camming surface configured to engage the one of the handles (see shape of 14 in Figures).
Regarding claim 14, Lin Wu discloses the pliers sheath of claim 13, wherein the keeper is a first keeper (one of the lower 14), the pliers holder further comprising a second keeper (the other of the lower 14) including a thumb having a camming surface facing the camming surface of the first keeper, the thumb of second keeper being configured to engage another of the handles (see shape of 14 in Figures).
Regarding claim 15, Lin Wu discloses the pliers sheath of claim 14, wherein the first, second, and third keepers are configured to conjointly retain the pliers in the pliers holder (see Figures where all keepers are effectively engaging and retaining the pliers).
Regarding claim 16, Lin Wu discloses the pliers sheath of claim 1, wherein the keeper (any of 14) includes a ramp having a tapered surface facing away from the receiving space, the ramp being configured to engage the one of the handles to permit the keeper to deflect away from the at rest position (see shape of 14 in Figures).
Regarding claim 17, Lin Wu discloses the pliers sheath of claim 16, wherein the keeper is a first keeper (one of the lower 14), the pliers holder further comprising a second keeper, the second keeper (another 14) includes a ramp having a tapered surface facing away from the receiving space, the ramp is configured to engage another of the handles to permit the second keeper to deflect away from the at rest position (see shape of 14 in Figures).
Regarding claim 20, Lin Wu discloses the pliers sheath of claim 1, wherein the keeper (any of 14) is sized and shaped to fit into a corresponding recess of the one of the handles. The pliers are not being claimed in combination. There is no structure in Lin Wu that would physically prevent a user from choosing to insert a different pair of pliers having handles with recesses corresponding to the shape of the keepers, as only functionally claimed.
Regarding claim 22, Lin Wu discloses the pliers sheath of claim 5, wherein the second keeper (one of the upper 14) is arranged to be above the joint of the pliers when the pliers is in the pliers holder (see Figures).
Regarding claim 23, Lin Wu discloses the pliers sheath of claim 5, wherein the second keeper (one of the upper 14) includes a detent that protrudes into the receiving space (see Figures).
Claim Rejections - 35 USC § 103
5. 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.
6. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Lin Wu (US 6,874,630 B2) in view of Hagler (US 5,146,684 A).
Regarding claim 18, Lin Wu discloses the pliers sheath of claim 1, but fails to disclose wherein said flexible material includes a polymeric material. Lin Wu is silent as to the specific elastic material used. Hagler teaches that it was already known in the art to use plastic (see col. 1 lines 32-34) to create a tool sheath having an elastic deflecting portion (16a). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively field to have made the Lin Wu sheath from plastic (which is a polymeric material), where plastic was already known to be suitable for such use, as shown by Hagler.
7. Claims 1, 5-17, 20, 22, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Diener et al. (US D417,073 S) in view of Lin Wu (US 6,874,630 B2).
Regarding claim 1, Diener discloses a pliers sheath for holding a pliers, the pliers having a head and handles connected to the head at a joint (pliers not currently claimed in combination due to functional “for holding” language, and as evidenced by claim 19), the pliers sheath comprising: a mounting portion (see belt slots) for mounting the sheath onto a support structure; a pliers holder (see sheath body), the pliers holder including a holder body (see Figures) defining a receiving space for receiving the head of the pliers (see Figures).
Diener fails to disclose the holder comprising a flexible material and including a keeper arranged to engage one of the handles to retain the pliers in the sheath, the flexible material being configured to permit the keeper to resiliently deflect laterally outward, away from the receiving space and from an at rest position, in response to the insertion of the pliers into the receiving space, and the flexible material being configured to resiliently return the keeper toward the at rest position when the pliers is in the pliers holder.
Lin Wu teaches that it was already known for a tool holder to comprise a flexible material (see “elastic” in col. 2 line 17) and include a keeper (any of 14) arranged to engage one of the handles to retain the pliers in the sheath, the flexible material being configured to permit the keeper to resiliently deflect laterally outward, away from the receiving space and from an at rest position, in response to the insertion of the pliers into the receiving space in order to help position the pliers therein (see [0016]). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have provided the Diener sheath with a series of keepers like those of Lin Wu, the motivation being to help position a tool within the sheath, as taught by Lin Wu.
The pliers are not being claimed in combination and this is not a method claim involving the actual insertion of pliers. There is no structure in the modified Diener sheath that would physically prevent a user from choosing to insert a pair of pliers, one having recesses on its handles, that would allow the elastic keepers to naturally return toward the rest position as only functionally claimed.
Regarding claim 5, Diener as modified above would include the pliers sheath of claim 1, and now includes keepers like those (14) of Lin Wu, wherein the keeper (one of the lower 14) is a first keeper, the pliers holder further comprising a second keeper (one of the upper 14) arranged to engage the pliers to retain the pliers in the sheath, the flexible material being configured to permit the second keeper to deflect away from an at rest position in response to the insertion of the head of the pliers into the receiving space, the flexible material being configured to resiliently return the second keeper toward the at rest position. There is no structure in the modified Diener sheath would physically prevent a user from choosing to insert a different pair of pliers, one whose head would engage the keepers upon insertion as only functionally claimed. The pliers as shown by Lin Wu could also be inserted at an initial angle, perhaps by a rushed user, where the head of the shown pliers would contact and deflect the keeper before further insertion eventually straightened out the alignment of the pliers to that shown by Lin Wu. None of this functional language defines any specific sheath structure not found in Diener as modified above.
Regarding claim 6, Diener as modified above would include the pliers sheath of claim 5, wherein the second keeper (one of the upper 14) protrudes into the receiving space above the first keeper (one of the lower 14).
Regarding claim 7 Diener as modified above would include the pliers sheath of claim 6, wherein the receiving space is configured to receive the pliers in a receiving direction (downward), and the second keeper protrudes into the receiving space transversely with respect to the receiving direction (sideways).
Regarding claim 8, Diener as modified above would include the pliers sheath of claim 7, wherein the first and second keepers are configured to conjointly retain the pliers in the pliers holder (see Figures where all keepers are effectively engaging and retaining the pliers).
Regarding claim 9, Diener as modified above would include the pliers sheath of claim 5, wherein the pliers holder further comprises a third keeper (other of the lower 14), arranged to engage another of the handles to retain the pliers in the sheath, the flexible material being configured to permit the third keeper to deflect away from an at rest position in response to the insertion of the pliers into the receiving space, the flexible material being configured to resiliently return the third keeper toward the at rest position.
Regarding claim 10, Diener as modified above would include the pliers sheath of claim 9, wherein the third keeper (the other of the lower 14) protrudes into the receiving space toward the first keeper (one of the lower 14).
Regarding claim 11, Diener as modified above would include the pliers sheath of claim 10, wherein the receiving space is configured to receive the pliers in a receiving direction (downward), and the third keeper protrudes into the receiving space transversely (sideways) with respect to the receiving direction.
Regarding claim 12, Diener as modified above would include the pliers sheath of the pliers sheath of claim 11, wherein the first, second, and third keepers are configured to conjointly retain the pliers in the pliers holder (see Lin Wu Figures where all keepers, which have been added to Diener, are effectively engaging and retaining the pliers).
Regarding claim 13, Diener as modified above would include the pliers sheath of claim 1, wherein the keeper includes a thumb having a camming surface configured to engage the one of the handles (see shape of 14 in Lin Wu Figures).
Regarding claim 14, Diener as modified above would include the pliers sheath of claim 13, wherein the keeper is a first keeper (one of the lower 14), the pliers holder further comprising a second keeper (the other of the lower 14) including a thumb having a camming surface facing the camming surface of the first keeper, the thumb of second keeper being configured to engage another of the handles (see shape of 14 in Lin Wu Figures).
Regarding claim 15, Diener as modified above would include the pliers sheath of claim 14, wherein the first, second, and third keepers are configured to conjointly retain the pliers in the pliers holder (see Lin Wu Figures where all keepers, which have been added to Diener, are effectively engaging and retaining the pliers).
Regarding claim 16, Diener as modified above would include the pliers sheath of claim 1, wherein the keeper (any of 14) includes a ramp having a tapered surface facing away from the receiving space, the ramp being configured to engage the one of the handles to permit the keeper to deflect away from the at rest position (see shape of 14 in Lin Wu Figures).
Regarding claim 17, Diener as modified above would include the pliers sheath of claim 16, wherein the keeper is a first keeper (one of the lower 14), the pliers holder further comprising a second keeper, the second keeper (another 14) includes a ramp having a tapered surface facing away from the receiving space, the ramp is configured to engage another of the handles to permit the second keeper to deflect away from the at rest position (see shape of 14 in Lin Wu Figures).
Regarding claim 20, Diener as modified above would include the pliers sheath of claim 1, wherein the keeper (any of 14) is sized and shaped to fit into a corresponding recess of the one of the handles. The pliers are not being claimed in combination. There is no structure in the modified Diener sheath that would physically prevent a user from choosing to insert a pair of pliers having handles with recesses corresponding to the shape of the keepers, as only functionally claimed.
Regarding claim 22, Diener as modified above would include the pliers sheath of claim 5, wherein the second keeper (one of the upper 14) is arranged to be above the joint of the pliers when the pliers is in the pliers holder (see Lin Wu Figures).
Regarding claim 23, Diener as modified above would include the pliers sheath of claim 5, wherein the second keeper (one of the upper 14) includes a detent that protrudes into the receiving space (see Lin Wu Figures).
8. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Diener et al. (US D417,073 S) in view of Lin Wu (US 6,874,630 B2) as applied above, further in view of Hagler (US 5,146,684 A).
Regarding claim 18, Diener as modified above would include the pliers sheath of claim 1, but so far fails to include wherein said flexible material includes a polymeric material. Diener is silent as to the material used and Lin Wu is also silent as to the specific elastic material used. Hagler teaches that it was already known in the art to use plastic (see col. 1 lines 32-34) to create a tool sheath having an elastic deflecting portion (16a). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively field to have made the modified Diener sheath from plastic (which is a polymeric material), where plastic was already known to be suitable for such use, as shown by Hagler.
9. Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Diener et al. (US D417,073 S) in view of Lin Wu (US 6,874,630 B2) as applied above, further in view of Ho (US 2004/0217029 A1).
Regarding claim 21, Diener as modified above would include the pliers sheath of claim 5, but so far fails to include wherein the second keeper is configured to be located between the handles of the pliers when the pliers is in the pliers holder. While one of the keepers (14) of Lin Wu, which have been added to Diener, reads on the keeper of claim 5, none of the keepers of Lin Wu are configured to be located between the handles of pliers. Ho teaches that it was already known to provide a tool holder with an elastic keeper (2) configured to be positioned between the handles of a pair of pliers to prevent the tool from falling out (see [0026]). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have provided the modified Diener sheath with another keeper, this time one like that of Ho, the motivation being to provide even more positional security for the tool within the sheath.
Allowable Subject Matter
10. Claim 19 is objected to as being dependent on a rejection base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Once the pliers are claimed in combination, the prior art fails to teach the keepers returning to the rest position when the pliers are within the sheath, as recited in claim 1.
Response to Arguments
11. Applicant’s arguments filed 7/31/26 have been fully considered and are persuasive but are also moot in view of the new grounds of rejection necessitated by the most recent claim amendments.
12. Applicant’s arguments with respect to Lin Wu would logically carry over to the new grounds of rejection. Applicant has argued that Lin Wu fails to disclose keepers (14) that “return toward an at rest position when the pliers is in the holder”, as recited in claim 1. As set forth in paragraph 4 above, claim 1 does not recite the pliers in combination is not a method claim involving the actual insertion of pliers. There is no structure in Lin Wu that would physically prevent a user from choosing to insert a different pair of pliers, one having recesses on its handles, that would allow the elastic keepers to naturally return toward the rest position as only functionally claimed.
Conclusion
13. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
14. 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 on (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 10/1/26
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