DETAILED ACTION
This Non-Final Office Action is in response to the above identified patent application filed on February 26, 2025. Claims 1 – 13 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 § 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.
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, 2 & 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (U.S. Patent Number (U.S. Patent Number 7,556,181 B2) to Spielberger.
Regarding claim 1, Spielberger discloses a holster (See Figure 1) comprising:
a holster housing (30) which has an opening for inserting therethrough a weapon (109) (See Figure 27), and comprising a retention catch (53) arranged to enter a portion of the weapon (109) to be in a locked position (See Figure 6); and
a release lever (71) coupled to said holster housing (30), said release lever (71) comprising a shaft (48) arranged to push against a catch interface member (74), the catch interface member (74) being configured to move said retention catch (53) out of the locked position (See Figure 12);
wherein the release lever (71) comprises a tab (73) which in an initial position (See Figure 13) rests on a first surface (i.e. Left Side adjacent (75) in Figure 13) in the holster housing (30), the release lever (71) being movable so that the tab (73) moves towards a channel (72) formed in the holster housing (30) and the release lever (71) is movable to overcome a biasing force (i.e. via Force from Spring (77) in Figure 13) of a biasing device (77) so that the release lever (71) enters (i.e. via 73) into the channel (72) and pushes against the catch interface member (74) to move the retention catch (53) out of the locked position (See Figure 11) into an unlocked position (See Figure 12), and in the unlocked position (See Figure 12), without application of any force on the release lever (71), the biasing device (77) urges the tab (73) against a second surface (i.e. via Right Side in Figure 14) and the release lever (71) cannot return to the initial position (See Figures 13 & 15).
Regarding claim 2, Spielberger discloses further comprising a hood (84 & 91) arranged to pivot (See Figure 3) over a portion of the weapon (109) (See Figure 27), wherein in the initial position, the release lever (71) prevents movement of the hood (84 & 91) and wherein movement of the tab (72) towards the channel (73) releases and allows movement of the hood (84 & 91) (See Figures 11 & 12) (See Column 7, lines 32 – 37) (See Figures 1, 2, 3, 11, 12, 13, 14 & 27).
Regarding claim 9, Spielberger discloses wherein the portion of the weapon (109) in which the retention catch (53) is arranged to enter is a trigger guard (See Column 6, lines 17 – 19) (See Figures 4 & 20).
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) 3, 4 & 8 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Number 7,556,181 B2) to Spielberger in view of (U.S. Patent Publication Number 2025 / 0085083 A1) to Giordano, Jr. et al.
Regarding claim 3, Spielberger discloses wherein in the initial position, the release lever (71) prevents movement and wherein movement of the tab (73) towards the channel (72) releases and allows movement.
However, Spielberger lacks and does not explicitly disclose further comprising an optics cover arranged to pivot over a portion of the weapon.
Giordano, Jr. et al., teaches further comprising an optics cover (24) arranged to pivot over a portion of the weapon (16), wherein in the initial position, the release lever (70B & 40) prevents movement of the optics cover (24) and allows movement of the optics cover (24) (See Paragraphs 0038 & 0046) (See Figures 12A, 12B, 12C, 12D, 13B & 13D).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make further comprising an optics cover arranged to pivot over a portion of the weapon, wherein in the initial position, the release lever prevents movement of the optics cover and allows movement of the optics cover as taught by Giordano, Jr. et al., with the holster of Spielberger in order to allow the firearms to be mounted with optic accessories (See Paragraph 0046).
Regarding claim 4, Spielberger discloses further comprising the hood (84 & 91) arranged to pivot over a first portion of the weapon (109) (See Figure 27), wherein in the initial position, the release lever (71) prevents movement of the hood (84 & 91) and wherein movement of the tab (73) towards the channel (72) releases and allows movement of the hood (84 & 91).
Furthermore, Spielberger as modified by Giordano, Jr. et al., discloses further comprising a hood (60) arranged to pivot over a first portion of the weapon (16) and an optics cover (24) arranged to pivot over a second portion of the weapon (16), wherein in the initial position, the release lever (70B & 40) prevents movement of the hood (60) and the optics cover (24) and allows movement of the hood (60) and the optics cover (24) (See Paragraph 0046).
Regarding claim 8, Spielberger discloses wherein the hood (84 & 91) is formed with the tab (73) is received in the initial position (See Figure 14).
However, Spielberger does not explicitly disclose a recess.
Giordano, Jr. et al., discloses wherein the hood (60) is formed with a recess (68) (See Figure 2A) for the purpose of retaining the hood into an engagement position (See Paragraph 0037).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the hook form with a recess as taught by Giordano, Jr. et al., with the holster of Spielberger in order to retain the hood into an engagement position (See Paragraph 0037).
Claim(s) 10, 11, 12 & 13 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Number 7,556,181 B2) to Spielberger in view of (U.S. Patent Number 10,302,390 B2) to Faifer.
Regarding claim 10, Spielberger lacks and does not explicitly disclose further comprising a retention-level member that has two mounting positions in the holster housing, said retention-level member cooperating with the release lever so that at one of said mounting positions the release lever has level-one retention and at the other of said mounting positions said release lever has level-two retention.
Faifer teaches further comprising a retention-level member (44) that has two mounting positions {i.e. via (See Figures 2A & 3A) & (See Figure 2B & 3B)} in the holster housing (14), the retention-level member (44) cooperating with the release lever (46 & 46’) so that at one of the mounting positions (i.e. via Left Side Mount Position & Right Side Mount Position) the release lever (46 & 46’) (See Figures 11 & 12) has level-one retention (See Figures 2A & 3A) and at the other of the mounting positions (i.e. via Left Side Mount Position & Right Side Mount Position) the release lever (46 & 46’) has level-two retention (See Figure 2B & 3B).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make a retention-level member that has two mounting positions in the holster housing, the retention-level member cooperating with the release lever so that at one of the mounting positions the release lever has level-one retention and at the other of the mounting positions the release lever has level-two retention as taught by Faifer with the holster of Spielberger in order to accommodate left hand dominate and right hand dominate users.
Regarding claim 11, Spielberger discloses wherein the release lever (71) comprises a movable pusher member (i.e. Curve Arc Top Portion of (17) in Figures 13, 15 & 16) arranged to move against a biasing force (i.e. via Force from Spring (77) in Figure 13) of a biasing device (77) (See Figures 13, 15 & 16).
Regarding claim 12, Spielberger discloses a holster housing (30) which has an opening for inserting therethrough a weapon (109) (See Figure 27), and comprising a retention catch (53) arranged to enter a portion of the weapon (109) to be in a locked position (See Figure 6);
a release lever (71) coupled to the holster housing (30), the release lever (71) comprising a shaft (48) arranged to push against a catch interface member (74), the catch interface member (74) being configured to move the retention catch (53) out of the locked position (See Figure 12).
However, Spielberger lacks and does not explicitly disclose further comprising a retention-level member that has two mounting positions in the holster housing, said retention-level member cooperating with the release lever so that at one of said mounting positions the release lever has level-one retention and at the other of said mounting positions said release lever has level-two retention.
Faifer teaches further comprising a retention-level member (44) that has two mounting positions {i.e. via (See Figures 2A & 3A) & (See Figure 2B & 3B)} in the holster housing (14), the retention-level member (44) cooperating with the release lever (46 & 46’) so that at one of the mounting positions (i.e. via Left Side Mount Position & Right Side Mount Position) the release lever (46 & 46’) (See Figures 11 & 12) has level-one retention (See Figures 2A & 3A) and at the other of the mounting positions (i.e. via Left Side Mount Position & Right Side Mount Position) the release lever (46 & 46’) has level-two retention (See Figure 2B & 3B).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make a retention-level member that has two mounting positions in the holster housing, the retention-level member cooperating with the release lever so that at one of the mounting positions the release lever has level-one retention and at the other of the mounting positions the release lever has level-two retention as taught by Faifer with the holster of Spielberger in order to accommodate left hand dominate and right hand dominate users.
Regarding claim 13, Spielberger discloses wherein the release lever (71) comprises a movable pusher member (i.e. Curve Arc Top Portion of (17) in Figures 13, 15 & 16) arranged to move against a biasing force (i.e. via Force from Spring (77) in Figure 13) of a biasing device (77) (See Figures 13, 15 & 16).
Allowable Subject Matter
Claim 5, 6 & 7 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
(U.S. Patent Publication Number 2013 / 0181020) to Rogers et al., teaches further comprising an optics cover (16) arranged to pivot over a portion of the weapon (10) (See Figures 7 & 8).
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 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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/L.L.V/Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734
