DETAILED ACTION
This Non-Final Office Action is in response to the above identified patent application filed on February 13, 2025. 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 .
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, 6, 9, 10, 11, 12, 14, 15, 18 & 19 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Publication Number 2023 / 0278247 A1) to Demko in view of (WO 9622501 A1) to Seber.
Regarding claim 1, Demko discloses the knife sheath (10) for a knife having a blade and a handle, the knife sheath (10) comprising:
a backing (12) comprising the first material (i.e. Non-Abrasive Synthetic Material) (See Abstract);
a shell (13) comprising the material, the shell (13) supported by the backing (12), the shell (13) and the backing (12) bounding a blade compartment (12A, 13A & 18) sized and shaped to receive the blade (11B) of the knife (11), the shell (13) having a perimeter (15 & 16) and including a peripheral edge margin (17) forming a portion of the perimeter (16) of the shell (13) (See Figures 1, 2 & 3);
a cover (19 & 20) comprising the material, the cover (19 & 20) supported by the backing (12), the cover (19 & 20) overlying the peripheral edge margin (17) of the shell (13), the peripheral edge margin (17) of the shell (13) being disposed between the backing (12) and the cover (19 & 20) (See Figure 1).
However, Demko does not explicitly disclose the second material different than the first material and the third material different than the second material.
Seber ‘501 teaches the knife sheath comprising the second material different than the first material, and comprising the third material different than the second material (See Abstract).
It would have been obvious to one having ordinary skill in the art the at the time invention was effectively filed to make the second material different than the first material and the third material different than the second material as taught by Seber ‘501 with the knife sheath of Demko because the motivation only requires a simple substitution of one known equivalent knife sheath material composition for another to obtain predictable results.
Regarding 2, Demko discloses wherein the cover (19 & 20) overlies the portion of the perimeter (16) of the shell (13) formed by the peripheral edge margin (17) (See Figure 2).
Regarding claim 3, Demko discloses wherein the backing (12) has the perimeter (15) and the cover (19 & 20) has the perimeter (22), wherein a portion of the perimeter (15) of the backing (12), the portion of the perimeter (22) of the cover (19 & 20), and the portion of the perimeter (16) of the shell (13) formed by the peripheral edge margin (17) are all in registration with one another (See Figures 1 & 2).
Regarding claim 6, Demko discloses wherein the cover (19 & 20) and the backing (12) sandwich the peripheral edge margin (17) of the shell (13) between the cover (19 & 20) and the backing (12) (See Figures 1 & 2).
Regarding claim 9., Demko discloses the first material (i.e. Non-Abrasive Synthetic Material) (See Abstract).
Furthermore, Demko as modified by Seber ‘501 discloses wherein the third material and the first material (See Abstract).
However, Demko as modified does not explicitly disclose wherein the third material is the same as the first material.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the third material the same as the first material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 10, Demko discloses the first material (i.e. Non-Abrasive Synthetic Material) (See Abstract).
Furthermore, Demko as modified by Seber ‘501 discloses wherein the third material is different than the first material (See Abstract).
Regarding claim 11, Demko discloses wherein the knife sheath (10) comprises the front face and an opposite rear face (See Figures 1 & 2), the backing (12) forming the rear face, the shell (13) and the cover (19 & 20) forming the front face (See Figures 1 & 2).
Regarding claim 12, Demko discloses wherein the cover (19 & 20) comprises a strip (See Figure 2) extending along the peripheral edge margin (17) of the shell (13) (See Figures 1 & 2).
Regarding claim 14, Demko discloses the method of manufacturing a knife sheath (10) for the knife (11) having the blade (11B) and the handle (11A), the method comprising:
arranging the shell (13) and the backing (12) relative to one another so that the shell (13) and the backing (12) bound the blade compartment (12A, 13A & 18) sized and shaped for receiving the blade (11B) of the knife (11), the backing (12) comprising the first material (i.e. Non-Abrasive Synthetic Material) (See Abstract) and the shell (13) comprising the material;
arranging the shell (13) and the cover (19 & 20) relative to one another so that the cover (19 & 20) overlies the peripheral edge margin (17) of the shell (13), the cover (19 & 20) comprising the material;
securing the cover (19 & 20), the backing (12), and the shell (13) together such that the peripheral edge margin (17) of the shell (13) is sandwiched between the cover (19 & 20) and the backing (12) (See Figures 1 & 2).
However, Demko does not explicitly disclose the method steps of the second material being different than the first material and the third material being different than the second material.
Seber ‘501 teaches the method steps of the knife sheath comprising the second material different than the first material, and comprising the third material different than the second material (See Abstract).
It would have been obvious to one having ordinary skill in the art the at the time invention was effectively filed to make the method steps of the second material and the third material different than the second material as taught by Seber ‘501 with the knife sheath of Demko because the motivation only requires a simple substitution of one known equivalent knife sheath material composition for another to obtain predictable results.
Regarding claim 15, Demko discloses the method steps of comprising cutting the backing (12) from the piece of the first material (i.e. Abrasive Synthetic Material) (See Abstract).
Regarding claim 18, Demko discloses the method steps of wherein securing includes fastening the cover (19 & 20), the shell (13), and the backing (12) together with the fastener (21) (See Figures 1 & 2).
Regarding claim 19, Demko discloses the method steps of wherein arranging the shell (13) and the cover (19 & 20) relative to one another includes folding a portion of the backing (12) around the peripheral edge margin (17) of the shell (13) to form the cover (19 & 20).
Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Publication Number 2023 / 0278247 A1) to Demko and (WO 9622501 A1) to Seber as applied to claim 1 above, and further in view of (U.S. Patent Number 4,759,483) to Willoughby and (U.S. Patent Number 5,938,676) to Cohn et al.
Regarding claim 5, Demko as modified by above does not explicitly disclose wherein the first material is leather.
Willoughby teaches the knife sheath (11) material is leather (See Column 2, lines 32 – 33).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the material leather as taught by Willoughby with the knife sheath of Demko because the motivation only requires a simple substitution of one known equivalent material for another to obtain predictable results.
However, Demko as modified by above does not explicitly disclose the second material is polymeric.
Cohn et al., teaches the sheath (420) material is polymeric (See Column 11, lines 43 & 44).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the material polymeric as taught by Cohn et al., with the knife sheath of Demko because the motivation only requires a simple substitution of one known equivalent material for another to obtain predictable results.
Claim(s) 7 & 17 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Publication Number 2023 / 0278247 A1) to Demko and (WO 9622501 A1) to Seber as applied to claim 1 above, and further in view of (U.S. Patent Number 4,942,663) to Ray, Sr.
Regarding claim 7, Demko discloses further comprising connecting the cover (19 & 20), the peripheral edge margin (17) of the shell (13), and the backing (12).
However, Demko as modified by above does not explicitly disclose stitching extending through.
Ray, Sr., teaches the sheath (11) further comprising stitching (19) extending through and connecting the peripheral edge margin (16) of the shell (13), and the backing (14).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the sheath with stitching extending through as taught by Ray, Sr., with the knife sheath of Demko in order to keep the sheath fasten together.
Regarding claim 17, Demko discloses the method steps of securing the cover (19 & 20) the shell (13), and the backing (12) together (See Figures 1 & 2).
Furthermore, Demko as modified by Ray, Sr., discloses the method steps of securing includes stitching (19) the shell (13), and the backing (14) together.
Claim(s) 4, 8, 13, 16 & 20 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Publication Number 2023 / 0278247 A1) to Demko and (WO 9622501 A1) to Seber as applied to claim 1 above, and further in view of (U.S. Patent Publication Number 2017 / 0043493 A1) to Seber et al.
Regarding claim 4, Demko discloses wherein the first material (i.e. Non-Abrasive Synthetic Material) (See Abstract) has the first flexibility (i.e. Flexibility of Non-Abrasive Synthetic Material).
Furthermore, Demko as modified by Seber ‘501 discloses the first material and the second material (See Abstract).
However, Demko as modified by above does not explicitly disclose the second flexibility, the first flexibility being greater than the second flexibility.
Seber et al., ‘493 teaches the sheath (10) wherein the first material (i.e. via (14) Thermoplastic Acrylic-Polyvinyl Chloride Material) (KYDEX™) (See Paragraph 0027) has a first flexibility (i.e. Flexibility of Thermoplastic Acrylic-Polyvinyl Chloride Material) (KYDEX™) and the second material (i.e. via (40) Metal / Stainless Steel) (See Paragraph 0034) has the second flexibility (i.e. Flexibility of Metal / Stainless Steel), the first flexibility Thermoplastic Acrylic-Polyvinyl Chloride Material) (KYDEX™) being greater than the second flexibility (i.e. Flexibility of Metal / Stainless Steel).
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 material has a first flexibility and the second material has the second flexibility, the first flexibility being greater than the second flexibility as taught by Seber et al., ‘493 with the knife sheath of Demko because the motivation only requires a simple substitution of one known equivalent knife sheath material composition for another to obtain predictable results.
Regarding claim 8, Demko discloses further comprising a rivet (21) extending through and connecting the cover (19 & 20), the peripheral edge margin (17) of the shell (13), and the backing (12) (See Figure 2).
Regarding claim 13, Demko as modified by above does not explicitly discloses further comprising the sheath connector connected to the backing and configured to connect the knife sheath to an article of clothing.
Seber et al., ‘493 teaches further comprising the sheath connector (44) connected to the backing (14) and configured to connect the knife sheath (10) to an article of clothing (i.e. Belt or Military Webbing) (See Paragraph 0036) (See Figures 1, 2 & 3).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the sheath connector connected to the backing and configured to connect the knife sheath to an article of clothing as taught by Seber et al., ‘493 with the knife sheath of Demko in order to adequately connect the molded sheath to a belt or military webbing (See Paragraph 0036).
Regarding claim 16, Demko as modified by Seber et al., ‘493 discloses the method steps of further comprising forming the shell (12) by molding (20) (See Paragraphs 0029, 0034 & 0041).
Regarding claim 20, Demko as modified by Seber et al., ‘493 discloses the method steps of further comprising forming the belt loop (46) with the backing (14) (See Figures 1, 2 & 3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
(U.S. Patent Number 5,146,684) to Hagler teaches the sheath comprising leather material; molding; and stitching.
(U.S. Patent Publication Number 2009 / 0065386 A1) to Hasegawa teaches the sheath wherein the first material (i.e. Opaque Cardboard) (See Paragraph 0029) has a first flexibility (i.e. Flexibility of Cardboard) and the second material (i.e. Transparent Plastic Plate) (See Paragraph 0030) has the second flexibility (i.e. Flexibility of Plastic Plate), the first flexibility (i.e. Flexibility of Cardboard) being greater than the second flexibility (i.e. Flexibility of Plastic Plate).
(U.S. Patent Number 8,931,179 B2) to Powell teaches the method steps of the shell (110) comprising the second material (i.e. via Metal—Steel, Iron, or Aluminum, Durable Plastic, Wood, or any other Suitable Material) (See Column 5, lines 23 – 26) and the cover (120) comprising the third material (i.e. Textured w/ Slip-Resistant Material) OR (i.e. 2nd Material via Fabric, Metal, Plastic, or Ivory) (See Column 6, lines 9 – 12) & (See Column 6, lines 23 – 26) different than the second material (i.e. Metal via Steel, Iron, or Aluminum, Durable Plastic, Wood, or any other Suitable Material) (See Column 5, lines 23 – 26).
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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/L.L.V/Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734
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