DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/1/2026 has been entered.
Claims 1-12 were amended. Claims 1-12 are pending.
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.
Claims 1-12 are 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. Claim 1 states "a first retention band located at a top side of the inner loadout . In fact, this would hinder accessibility further. Further a similar statement is made in claim 7, “wherein the end straps are located on one or both of the individual retention bands” and would need correction. Claims 2-12 directly or indirectly depend from claim 1 and are also rejected.
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 2-11 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.
Claim 2 recites the limitation "the supplies and tools" in line 4. There is insufficient antecedent basis for this limitation in the claim. It is unclear if this is the first positive recitation of supplies and tools as previously the supplies and tools were only intended use and not positively recited. Claims 3-5 directly or indirectly depend from claim 2 and are also rejected.
Claim 2 recites the limitation "the bottom" in line 10. There is insufficient antecedent basis for this limitation in the claim. Claim 1 references a bottom side which appears to be different than this “bottom”. Please note that is interpreted that claim 5 refers back to the bottom of claim 2.
Claim 3 recites the limitation "the top side" in line 4. There is insufficient antecedent basis for this limitation in the claim. It doesn’t appear that this “top side” is referring to the same top side as claim 1.
Claim 6 recites the limitation "the top and bottom edge elastic retention bands" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim. Claim 1 refers to these features as the first and second retention band. For the purposes of examination it shall be interpreted that this feature is referring back to these already introduced features. Claims 7-11 directly or indirectly depend from claim 6 and are also rejected.
Claim 7 recites the limitation "end straps" in line 2. There is insufficient antecedent basis for this limitation in the claim. These are already introduced in claim 1.
Claim Rejections - 35 USC § 103
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) 1-3, 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Faz (US 6065659 A) in view of Sapyta (US 20080289925 A1) and Rustemeyer (US 6129210 A).
With respect to claim 1, Faz discloses a device capable of being a field expedient repair kit comprising: an inner loadout storage roll (10); a first retention band (top 34) located at a top side of the inner loadout storage roll and a second retention band (bottom 36) located at a bottom side of the inner loadout storage roll, wherein each of the first and second retention bands forms a plurality of loops having unattached intermediate portions configured to pass over stored items retained within corresponding compartments, and wherein upper and lower portions of the stored items remain accessible while retained in the compartments.
Faz failed to disclose of an outer storage shell configured to accept a plurality of supplies and tools; wherein the outer storage shell is configured to receive the inner loadout storage roll in a rolled form where the inner loadout storage roll is completely contained within the outer storage shell, wherein the field expedient repair kit is operable to transport the stored supplies and tools installed within compartments disposed on both inside and outside surfaces of the inner loadout storage roll and on inside surfaces of the outer storage shell, wherein the inner loadout storage roll is fastened to a position inside the outer storage shell by an internal roll fastener disposed within and attached to the inner surface of the outer storage shell and configured to fasten the inner loadout storage roll within the outer storage shell when connected; wherein the inner loadout storage roll is detachable from and wholly contained within the interior of the outer storage shell. However, in a similar field of endeavor, namely storage containers, Saptya taught of an outer shell that stores multiple containers via a detachable mechanism. Once rolled up, the detachable fastener of Saptya (page 2 [0036]) can be included in an external surface that would make it attachable to Saptyas outer shell. It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the inner loadout storage roll of Faz to be attachable to an outer storage shell as taught by Saptya in order to allow for storage and portability of more items/ inner loadout storage rolls (page 1 [0009]).
Examiner Note: Saptya has storage on both the inside and outside of its outer storage system.
Faz failed to disclose of a plurality of end straps attached to the inner loadout storage roll and to a center of the first retention band, the second retention band, or both the first and second retention bands to further retain the stored items within each of the compartments. However, in a similar field of endeavor, namely retainers, Rustemeyer taught of straps (36) to retain items in loops. It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the loops of Faz to include end straps as taught by Rustemeyer in order to allow for retention of the items stored in the loops.
Examiner Note: One could alternatively view item 50 as being capable of including Rustemeyers detachable strap instead of a fixed pocket, in order to allow the user to have the optionality of an enclosed bottom.
PNG
media_image1.png
470
734
media_image1.png
Greyscale
With respect to claim 2, the references as applied to claim 1, above, disclose all the limitations of the claims. The references further discloses wherein the inner loadout storage roll (10 of Faz) is a flexible flat rectangular carrier for the supplies and tools; wherein the supplies and the tools are removably coupled to the inner loadout storage roll; wherein the inner loadout storage roll is rolled to fit within the outer storage shell (as taught by the Saptya reference, see combination rationale above); wherein the inner loadout storage roll is held in the rolled configuration by a roll fastener (28 fig 2 of Faz) and wherein the bottom of the inner loadout storage roll further comprises a separable coupling fastener (the fasteners as taught by Saptya on Faz, see claim 1 for combination rationale).
Examiner Note: Supplies and tools are not being positively recited.
With respect to claim 3, the references as applied to claim 2, above, disclose all the limitations of the claims. The references further discloses wherein the inner loadout storage roll comprises a plurality of obverse storage positions and one or more reverse storage positions (positions are nomenclature and broad, inherently there are many places that can be considered storage positions on Faz); wherein the plurality of obverse storage positions are on the top side of the inner loadout storage roll when the inner loadout storage roll is rolled out flat; and wherein each of the plurality of obverse storage positions is configured to hold a stored item.
Examiner Note: Is the “top side” in this claim the same as the top side in claim 1? As written, it is implied so. Further the term storage positions is extremely broad.
With respect to claim 6, the references as applied to claim 1, above, disclose all the limitations of the claims. The references further discloses wherein an individual storage position selected from a plurality of obverse storage positions or one or more reverse storage positions comprise the top and bottom edge elastic retention bands (top 34 and bottom 36) to hold the stored item in place; wherein the top and bottom edge elastic retention bands are elastic straps (col 2 lines 58-60) located on opposing sides of the individual storage position; and wherein the ends of an individual retention band selected from the top and bottom edge elastic retention bands are coupled to the inner loadout storage roll such that the individual retention band forms a loop that passes over the stored item. (as seen in figure 4)
With respect to claim 7, the references as applied to claim 6, above, disclose all the limitations of the claims. The references further discloses wherein end straps are attached to the inner loadout storage roll and to the center of the individual retention band (as taught by the Rustemeyer reference see claim 1 for combination rationale); wherein the end straps are located on one or both of the individual retention bands; and wherein the end straps prevent the stored item from sliding out of the pair of retention bands. (this is all taught by the combination rationale in claim 1)
With respect to claim 8, the references as applied to claim 7, above, disclose all the limitations of the claims. The references further discloses wherein the stored item is a storage container; and wherein the supplies and tools are placed inside of the storage container and the storage container is inserted into the pair of retention bands at the individual storage position.
Examiner Note: A stored item and supplies and tools is not positively recited as part of the invention; these features are only discussed in terms of intended function (this is consistent with the antecedent usage). The capabilities of having a stored item be a container is taught by Faz and Rustemeyer. Bands 30 of Faz are taught to store a sharps container.
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Faz (US 6065659 A) in view of Sapyta (US 20080289925 A1) , Rustemeyer (US 6129210 A),Wei (US 20190073928 A) and Kershaw (US 20140008165 A1).
With respect to claim 4, the references as applied to claim 3, above, disclose all the limitations of the claims except for wherein each of the plurality of obverse storage positions is labeled by indicia that appear on the inner loadout storage roll with each label positioned adjacent to each of the plurality of obverse storage positions; and wherein the indicia comprises a photoluminescent material such that the indicia is viewable in the dark. However, in a similar field of endeavor, namely rolled organizers, Kershaw taught of an organizer with removable pouches that had labels on the storage positions (page 1 [0012]), allowing for the placement of the appropriate pouch to the storage position on the main member (page 1 [0012]). It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the obverse storage positions of Faz to include labels as taught by Kershaw in order to dictate to the user the appropriate storage member to be stored within the space. Additionally, in the field of labels, Wei taught of labels comprised of phosphorescent and photochromic materials to allow the label to “glow in the dark” (page 5 [0055]). It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the labels of Faz in view of Kershaw to include glow in the dark materials as taught by Wei in order to allow for greater visibility in dark conditions.
With respect to claim 5, Faz further discloses wherein the one or more reverse storage positions are on the bottom of the inner loadout storage roll when the inner loadout storage roll is rolled out flat; and wherein the one or more reverse storage positions are accessible on one or both sides of the inner loadout storage roll when the inner loadout storage roll is rolled up to fit within the outer storage shell.
Examiner Note: As written, a storage position is not structurally limited. This does not provide structure for a pocket, an elastic retention band, etc. only a “position”. Hence the outer surface of the inner loadout storage has an exposed surface when rolled that can act as a “reverse storage position”. Although Faz does teach of a pocket or bands on the exterior of the inner loadout.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Faz (US6065659A) in view of Sapyta (US 20080289925 A1), Rustemeyer (US 6129210 A), Wei (US 20190073928 A) and Kershaw (US 20140008165 A1).
With respect to claim 9, the references as applied failed disclose wherein the storage containers comprise a glow tape bearing matching indicia that correspond to the indicia on the inner loadout storage roll; wherein the matching indicia indicates which of the individual storage positions the storage container should be returned to after use; and wherein the glow tape comprises a photoluminescent material such that the matching indicia is viewable in the dark. However, in a similar field of endeavor, namely rolled organizers, Kershaw taught of an organizer with removable pouches that had labels on the storage positions (page 1 [0012]), allowing for the placement of the appropriate pouch to the storage position on the main member (page 1 [0012]). It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the obverse storage positions of Faz to include labels as taught by Kershaw in order to dictate to the user the appropriate storage member to be stored within the space. Additionally, in the field of labels, Wei taught of labels comprised of phosphorescent and photochromic materials to allow the label to “glow in the dark” (page 5 [0055]). It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the labels of Faz in view of Kershaw to include glow in the dark materials as taught by Wei in order to allow for greater visibility in dark conditions. Similar rejection as claim 4. Wei taught of the utility of glow in the dark materials including tapes, specifically labels. Additionally, Kershaw of the importance of matching indicia of storage members and respective storage positions.
With respect to claim 10, the references as applied to claim 9, above, disclose all the limitations of the claims except for the field expedient repair kit according to claim 9 wherein the outer storage shell forms a shell-like covering around the inner loadout storage roll; wherein the outer storage shell comprises a shell left side flap, a shell right side flap, the shell base, a shell front cover, and a shell rear cover; wherein the proximal end of the shell left side flap hingedly couples to a left side of the shell base; wherein the proximal end of the shell right side flap hingedly couples to a right side of the shell base; wherein the proximal end of the shell front cover hingedly couples to the front portion of the shell base; wherein the proximal end of the shell rear cover hingedly couples to the rear portion of the shell base; wherein the shell front cover covers the front end of the outer storage shell when the shell front cover is pivoted upwards and the shell rear cover covers the rear end of the outer storage shell when the shell rear cover is pivoted upwards; wherein the distal end of the shell front cover extends over the top of the inner loadout storage roll when the shell front cover is pivoted upwards; wherein the distal end of the shell rear cover extends over the top of the inner loadout storage roll when the shell rear cover is pivoted upwards; wherein the distal end of the shell front cover and the distal end of the shell rear cover are covered by the shell left side flap and the shell right side flap when the shell left side flap and the shell right side flap are pivoted upwards and coupled using a shell fastener; wherein the shell front cover and the shell rear cover are retained in an upward position over the inner loadout storage roll by the shell left side flap and the shell right side flap; wherein the shell left side flap and the shell right side flap pivot upwards and fold over the top of the inner loadout storage roll such that the shell left side flap and the shell right side flap overlap to cover the inner loadout storage roll; and wherein the shell fastener detachably couples the distal end of the shell left side flap with the distal end of the shell right side flap to retain the shell left side flap and the shell right side flap in the configuration where the inner loadout storage roll is covered. However, in a similar field, namely outer shells of storage containers, Saptya taught of an outer shell with front cover (12D), rear cover (12D), left side (12E), right side (12F), and shell fastener (16). Referring to item 26, these items are folded in the claimed orientation, with the left and right side flaps fastening via item 16 and folded over the front and rear covers. Refer to claim 1 for combination rationale.
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Faz (US6065659A) in view of Sapyta (US 20080289925 A1), Wei (US 20190073928 A), Kershaw (US 20140008165 A1), and Wenz (US 20060260049 A1).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over the references as applied to claim 10, above. With respect to claim 11, Saptya further teaches an outer shell with pockets on the right and left side flaps (item 14) for additional storage. Saptya already teaches of pockets in the outer shell in order to allow for additional storage. Further, the references as applied above, fail to disclose in claim 11 wherein the shell right side flap comprises a disposable glove dispenser and storage area; wherein the disposable glove dispenser and storage area is adapted to dispense disposable gloves; and wherein when the disposable gloves are no longer needed, the disposable gloves are returned to the disposable glove dispenser and storage area for later disposal. However, in a similar field of endeavor, namely field ready kits with mission essential implements (page 1 [0004]), Wenz taught of a storage kit with mission essential implements including gloves (page 3 [0033]). It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the kit of Faz in view of Saptya to include disposable gloves as taught by Wenz as a mission critical element.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over the references as applied to claim 11, above. Faz further disclosed the field expedient repair kit according to wherein the field expedient repair kit is portable and is adapted to be carried by a person; and wherein the inner loadout storage roll is unrolled to provide access to said supplies and tools (this functionality includes the outer storage system in view of Saptya, see combination rationale under claim 1 rejection above).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 4859084 A, US 4859084 A, US 5620069 A, US 6065659 A, US 20040222125 A1, US 20060005852 A1, US 7111733 B1, US 20060260049 A1, US 20060260046 A1, US 20080289925 A1, US 20090180715 A1, US 20110073123 A1, US 20150314920 A1, US 20160242519 A1, US 20190098973 A1, US 20210353024 A1, and US 20210361045 A1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYMREN K SANGHERA whose telephone number is (571)272-5305. The examiner can normally be reached Mon - Fri.
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, Anthony Stashick can be reached on (571)272-4561. 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.
/S.K.S./Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
Prosecution Insights