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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the holster retention mechanism does not protrude above the top portion of the holster housing when in the retaining position (per claim 13) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: it does not support the “holster retention mechanism does not protrude above the top portion of the holster housing” when in the retaining position as recited in claim 13.
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.
Claim 13 is 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.
With Respect to Claim 13
There is no disclosure in the specification and the drawings do not show wherein in the retaining position, said holster retention mechanism does not protrude above the top portion of the holster housing, and so this subject matter 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 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 1-15 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.
With Respect to Claims 1, 6-7, and 12-13
As to claim 1, the limitations “wherein in the retaining position said holster retention mechanism has a portion that protrudes from the holster housing, and in the release position said holster retention mechanism does not protrude above the top portion of said holster housing” are unclear, noting that it is unclear whether the retention mechanism protruding from the holster housing in the release position requires protrusion above the top portion of said holster housing (which seems to be implied by the second clause) or if it encompasses a holster retention mechanism that never protrudes above a top portion of said holster housing (e.g. protruding solely from the side of the housing).
As to claims 6-7 and 12-13, the limitations of these claims raise similar issues to those above, and the opposing requirements of claims 12-13 also lead to a lack of clarity as to the scope of the language of claim 1.
The remainder of this office action is based on the invention as best understood by Examiner.
With Respect to Claims 2-15
These claims are rejected as they depend from a rejected claim and so incorporate its indefinite scope.
Claim Rejections - 35 USC § 102
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.
(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.
Claims 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by IL 30738523 to Orpaz (Orpaz). Orpaz discloses:
With Respect to Claim 1
A holster comprising: a holster housing (12) that has a top portion and a side opening for inserting therethrough a weapon and for drawing the weapon in a forward direction through the side opening as opposed to the top portion ([0006]); and a holster retention mechanism (22, 24, 26, and related structure) that has a retaining position (see, e.g. FIGS. 5A/5C) in which the weapon is retained in the holster and a release position (see, e.g. FIG. 5B, [0058]) in which the weapon can be drawn from the holster, wherein in the retaining position said holster retention mechanism has a portion that protrudes from the holster housing, and in the release position said holster retention mechanism does not protrude above the top portion of said holster housing ([0006], [0056-0059]). See also claim 1.
With Respect to Claim 2
The holster according to claim 1, wherein said holster retention mechanism comprises an actuator (22) coupled to a deploying element (24), and a weapon retaining element (26) coupled to said deploying element, wherein movement of said actuator causes movement of said deploying element, and movement of said deploying element causes said weapon retaining element to move from said retaining position to said release position ([0064-0065]). See also claim 2.
With Respect to Claim 3
The holster according to claim 2, further comprising a biasing device (30) coupled to said deploying element ([0056]) and configured to apply a biasing force on said deploying element to cause the movement of said deploying element that causes said weapon retaining element to move from said retaining position to said release position ([0055-0058]). See also claim 3.
With Respect to Claim 4
The holster according to claim 3, wherein said deploying element and said weapon retaining element each comprise an operative surface, and sliding movement of said operative surfaces relative to each other causes said weapon retaining element to move from said retaining position to said release position ([0015], FIG. 4B). See also claim 4.
With Respect to Claim 5
The holster according to claim 4, wherein said operative surfaces are inclined surfaces ([0056], FIG. 4B). See also claim 5.
With Respect to Claim 6
The holster according to claim 1, wherein in the release position, said holster retention mechanism moves into a withdrawing channel (31) formed in said holster housing, so that said holster retention mechanism does not protrude above the top portion of the holster housing ([0007]). See also claim 6.
With Respect to Claim 7
The holster according to claim 2, wherein in the release position, said actuator, said deploying element and said weapon retaining element move into a withdrawing channel (31) formed in said holster housing, so that said holster retention mechanism does not protrude above the top portion of the holster housing. See also claim 7.
With Respect to Claim 8
The holster according to claim 2, wherein in the retaining position, a biasing device (30) urges said actuator to be restrained against a portion of said holster housing ([0055], [0063]). See also claim 8.
With Respect to Claim 9
The holster according to claim 2, wherein in order to move from said retaining position to said release position, said actuator moves in translation ([0064], FIGS. 5A and 5C, noting upward translation). See also claim 9.
With Respect to Claim 10
The holster according to claim 2, wherein in order to move from said retaining position to said release position, said actuator moves in rotation ([0064], noting rotating actuator around 24H1). See also claim 10.
With Respect to Claim 11
The holster according to claim 2, wherein in order to move from said retaining position to said release position, said actuator moves in translation and rotation ([0064]). See also claim 11.
With Respect to Claim 12
The holster according to claim 1, wherein in the retaining position, a portion of said holster retention mechanism protrudes above the top portion of the holster housing (see, e.g. FIG. 5A). See also claim 12.
With Respect to Claim 13
Orpaz discloses the holster according to claim 1, but does not disclose wherein in the retaining position, said holster retention mechanism does not protrude above the top portion of the holster housing (see claim 13).
With Respect to Claim 14
The holster according to claim 1, wherein in the retaining position, one or more trigger blocking elements (40) are configured to block access to a trigger of a weapon holstered in the holster, and wherein in the release position, said one or more trigger blocking elements are configured not to block access to the trigger ([0070], FIGS. 7A-D). See also claim 14.
With Respect to Claim 15
The holster according to claim 1, wherein a reset member (28) is coupled to said holster retention mechanism and configured to move said holster retention mechanism from the release position to the retention position ([0065]). See also claim 15.
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.
Claims 1-2, 6-9, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication #2011/0011904 to Schultz (Schultz) in view of U.S. Patent #5,048,735 to McCormick (McCormick).
With Respect to Claim 1
A holster comprising: a holster housing (10) that has a top portion (taken to be the uppermost portion of the holster, i.e. forward portion shown in FIG. 4); and a holster retention mechanism (14, 16, 34, and related structure) that has a retaining position in which the weapon is retained in the holster (see, e.g. FIG. 3 and description) and a release position in which the weapon can be drawn from the holster (FIGS. 4-5 and description), wherein in the retaining position said holster retention mechanism has a portion that protrudes from the holster housing (it protrudes upwardly), and in the release position said holster retention mechanism does not protrude above the top portion of said holster housing (FIGS. 4-5, noting forward portion of holster housing extends above the top of 14 and therefore the retention mechanism does not protrude above the top portion of the holster housing); but does not disclose the holster housing having a side opening for inserting therethrough a weapon and for drawing the weapon in a forward direction through the side opening as opposed to the top portion.
However, McCormick discloses that it is known in the art to form a similar trigger guard engagement structure for securing a weapon in a holster to operate with a holster housing having a side opening for inserting therethrough a weapon and for drawing the weapon in a forward direction through the side opening as opposed to the top portion (Col. 5 lines 49-57).
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of McCormick, to form the holster housing of Schultz with a side opening for inserting therethrough a weapon and for drawing the weapon in a forward direction through the side opening as opposed to the top portion as taught by McCormick (with corresponding modification to the retention mechanism per McCormick), to allow for a rapid forward drawing motion with the art known benefits of such motion, and/or as a mere substitution of one art known holster structure for another.
With Respect to Claim 2
The holster according to claim 1, wherein said holster retention mechanism comprises an actuator (14) coupled to a deploying element (16), and a weapon retaining element (34) coupled to said deploying element, wherein movement of said actuator causes movement of said deploying element, and movement of said deploying element causes said weapon retaining element to move from said retaining position to said release position (FIGS. 3-5 and description).
With Respect to Claim 6
The holster according to claim 1, wherein in the release position, said holster retention mechanism moves into a withdrawing channel formed in said holster housing, so that said holster retention mechanism does not protrude above the top portion of the holster housing (channel formed by 44 and/or internal area that 16 slides within are withdrawing channels to the extent claimed and perform this function).
With Respect to Claim 7
The holster according to claim 2, wherein in the release position, said actuator, said deploying element and said weapon retaining element move into a withdrawing channel formed in said holster housing (the open interior of the side of the holster in which these parts are held is a withdrawing channel to the extent claimed, see e.g. FIGS. 3-4), so that said holster retention mechanism does not protrude above the top portion of the holster housing.
With Respect to Claim 8
The holster according to claim 2, wherein in the retaining position, a biasing device (16a) urges said actuator to be restrained against a portion of said holster housing (it is biased to the right in FIG. 3, and it is Examiner’s position that it will contact and be restrained against the right portion of the housing at least to the extent claimed as there is no structure that will interfere with such contact).
With Respect to Claim 9
The holster according to claim 2, wherein in order to move from said retaining position to said release position, said actuator moves in translation.
With Respect to Claim 12
The holster according to claim 1, wherein in the retaining position, a portion of said holster retention mechanism protrudes above the top portion of the holster housing.
Claims 1-2, 8, 10, 13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication #2004/0195282 to Beletsky (Beletsky) in view of U.S. Patent #5,048,735 to McCormick (McCormick).
With Respect to Claim 1
A holster comprising: a holster housing (60) that has a top portion (FIG. 9); and a holster retention mechanism (80, 108, and related structure) that has a retaining position in which the weapon is retained in the holster (FIG. 10) and a release position (FIG. 13) in which the weapon can be drawn from the holster, wherein in the retaining position said holster retention mechanism has a portion that protrudes from the holster housing (noting lever 80 protrudes to the side of holster housing, FIG. 9), and in the release position said holster retention mechanism does not protrude above the top portion of said holster housing (see, e.g. FIG. 9 noting that it will be below the top portion of the housing in either position); but does not disclose the holster housing having a side opening for inserting therethrough a weapon and for drawing the weapon in a forward direction through the side opening as opposed to the top portion;.
However, McCormick discloses that it is known in the art to form a similar trigger guard engagement structure for securing a weapon in a holster to operate with a holster housing having a side opening for inserting therethrough a weapon and for drawing the weapon in a forward direction through the side opening as opposed to the top portion (Col. 5 lines 49-57).
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of McCormick, to form the holster housing of Beletsky with a side opening for inserting therethrough a weapon and for drawing the weapon in a forward direction through the side opening as opposed to the top portion as taught by McCormick (with corresponding modification to the retention mechanism per McCormick), to allow for a rapid forward drawing motion with the art known benefits of such motion, and/or as a mere substitution of one art known holster structure for another.
With Respect to Claim 2
The holster according to claim 1, wherein said holster retention mechanism comprises an actuator (80) coupled to a deploying element (portion of 108 opposite projection 82), and a weapon retaining element (projection 82) coupled to said deploying element, wherein movement of said actuator causes movement of said deploying element, and movement of said deploying element causes said weapon retaining element to move from said retaining position to said release position.
With Respect to Claim 8
The holster according to claim 2, wherein in the retaining position, a biasing device (spring 86) urges said actuator to be restrained against a portion of said holster housing ([0052], noting that urging towards the FIG. 10 position causes actuator to contact outer wall of housing and it will be restrained there until some force is applied to move it, see FIG. 10).
With Respect to Claim 10
The holster according to claim 2, wherein in order to move from said retaining position to said release position, said actuator moves in rotation (see, e.g. FIGS. 8 and 10).
With Respect to Claim 13
The holster according to claim 1, wherein in the retaining position, said holster retention mechanism does not protrude above the top portion of the holster housing.
With Respect to Claim 15
The holster according to claim 1, wherein a reset member (spring 86) is coupled to said holster retention mechanism and configured to move said holster retention mechanism from the release position to the retention position ([0052]).
Claims 1-3, 6-7, 9, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent #12,480,741 to Brandt (Brandt) in view of U.S. Patent #5,048,735 to McCormick (McCormick).
With Respect to Claim 1
A holster comprising: a holster housing (12) that has a top portion; and a holster retention mechanism (14, 16) that has a retaining position in which the weapon is retained in the holster (FIG. 6) and a release position in which the weapon can be drawn from the holster (FIG. 5), wherein in the retaining position said holster retention mechanism has a portion that protrudes from the holster housing (it protrudes outwardly, FIG. 5), and in the release position said holster retention mechanism does not protrude above the top portion of said holster housing (FIGS. 4-6, noting that it never protrudes above the top portion of the holster housing); but does not disclose the holster housing having a side opening for inserting therethrough a weapon and for drawing the weapon in a forward direction through the side opening as opposed to the top portion;.
However, McCormick discloses that it is known in the art to form a similar trigger guard engagement structure for securing a weapon in a holster to operate with a holster housing having a side opening for inserting therethrough a weapon and for drawing the weapon in a forward direction through the side opening as opposed to the top portion (Col. 5 lines 49-57).
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of McCormick, to form the holster housing of Beletsky with a side opening for inserting therethrough a weapon and for drawing the weapon in a forward direction through the side opening as opposed to the top portion as taught by McCormick (with corresponding modification to the retention mechanism per McCormick), to allow for a rapid forward drawing motion with the art known benefits of such motion, and/or as a mere substitution of one art known holster structure for another.
With Respect to Claim 2
The holster according to claim 1, wherein said holster retention mechanism comprises an actuator (14) coupled to a deploying element (16A and adjacent portions of 16), and a weapon retaining element (16C and adjacent portions of 16) coupled to said deploying element, wherein movement of said actuator causes movement of said deploying element (noting that downward movement will cause movement of the deploying element as shown in FIGS. 5-6), and movement of said deploying element causes said weapon retaining element to move from said retaining position to said release position (noting that the deployment element moving outwardly due to the spring 18 will cause the weapon retaining element to move from said retaining position to said release position).
With Respect to Claim 3
The holster according to claim 2, further comprising a biasing device (18) coupled to said deploying element (16A and adjacent portions of 16) and configured to apply a biasing force on said deploying element to cause the movement of said deploying element that causes said weapon retaining element to move from said retaining position to said release position.
With Respect to Claim 6
The holster according to claim 1, wherein in the release position, said holster retention mechanism moves into a withdrawing channel (cavity 15 is a withdrawing channel to the extent claimed) formed in said holster housing, so that said holster retention mechanism does not protrude above the top portion of the holster housing (as it never protrudes above the top portion of the holster housing).
With Respect to Claim 7
The holster according to claim 2, wherein in the release position, said actuator, said deploying element and said weapon retaining element move into a withdrawing channel (cavity 15 is a withdrawing channel to the extent claimed) formed in said holster housing, so that said holster retention mechanism does not protrude above the top portion of the holster housing (as it never protrudes above the top portion of the holster housing).
With Respect to Claim 9
The holster according to claim 2, wherein in order to move from said retaining position to said release position, said actuator moves in translation.
With Respect to Claim 15
The holster according to claim 1, wherein a reset member (15) is coupled to said holster retention mechanism and configured to move said holster retention mechanism from the release position to the retention position.
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 ADAM J WAGGENSPACK whose telephone number is (571)270-7418. The examiner can normally be reached M-F 8:30-4:30.
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 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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/ADAM J WAGGENSPACK/Primary Examiner, Art Unit 3734
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