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 .
Response to Amendment
This office action is in response to the reply filed on 7/17/2026, wherein claims 1-3,6-7 were amended, claims 13-14 are cancelled, claims 15-16 are new. Claims 1-12 and 15-16 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 and 15-16 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 storage roll and a second retention band 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". This statement is not fully supported by the as filed disclosure. Based on the drawings, it is presumed that figure 9 depicts the claimed configuration. From the drawing alone, it is not clear that the top portions are "loops", they could be pockets. Secondly, the applicant uses the same item numbering for the loops in figure 9 and the loops in figure 6 (which is clearly a pocket/the top side is fixed). The specification fails to describe the loops in order to support the amended material of first and second retention bands. In fact on page 6, lines 15-18, it appears that loops are only taught for one of the retention bands. Claims 2-12 and 15-16 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 2-5 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.
Claim 2 recites the limitation "supplies and tools" in line 3. There is insufficient antecedent basis for this limitation in the claim. Supplies and tools as a structural modifier is already introduced in claim 1. Claims 3-5 directly or indirectly depend from claim 2 and are also rejected.
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. If this is the first recitation, the supplies and tools needs to be positively recited as part of the kit. Claims 3-5 directly or indirectly depend from claim 2 and are also rejected.
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 and 15-16 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.
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, and wherein the inner loadout storage roll is removable from the outer storage shell and configured to be unrolled to provide access to the stored supplies and tools. 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.
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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 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 a 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 a 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.
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 first and second 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 the 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 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.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over the references as applied to claim 1, above. Faz further disclosed wherein the inner loadout storage roll comprises a plurality of storage positions, and wherein the inner loadout storage roll is configured to be rolled by sequentially folding the plurality of storage positions to form the rolled configuration. (Roll of Faz has a plurality of positions that can be used for storage and the roll is [configured to] capable of being rolled by sequential folding the storage positions)
Examiner Note: As written, a storage position is an area of space and not given structural limitation or bounds.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over the references as applied to claim 15, above. Faz further disclosed wherein the plurality of storage positions comprises first, second, third, fourth, fifth, and sixth storage positions, wherein the sixth storage position is folded beneath the second storage position, the fifth and sixth storage positions are folded onto the fourth storage position, the fourth, fifth, and sixth storage positions are folded onto the third storage position, the third, fourth, fifth, and sixth storage positions are folded onto the second storage position, and the first storage position is folded over the fifth storage position to form the rolled configuration.
Examiner Note: As written, a storage position is an area of space and not given structural limitation or bounds. For example, Faz is intended to be folded/rolled. Nomenclature associated with the first to sixth storage positions can be associated with the fold positions. It would appear the claims is assigning nomenclature to already identified structure.
Claims 4 -5 and 9-10 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.
With respect to claim 9, the references as applied failed to claim 8, above, disclose all the limitations of the claims except for 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).
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.
Response to Arguments
Applicant's arguments filed 7/17/2026 have been fully considered but they are not persuasive. With respect to the 112a rejection, The original disclosure appears to have intentional wording that supports a configuration in which one of the first or second band forms loops, not both. Further the drawings only clearly depict this configuration.
The 112b rejection for antecedent purposes of claim 2 “the supplies and tools” introduce new antecedent issues. The term “supplies and tools” on line 2 is not positively claiming the structure of supplies and tools as part of the kit. Instead, it uses supplies and tools to modify the structure of the kit. These theoretical supplies and tools are already introduced in claim 1. The issue is with the recitation of “supplies and tools” in claim 2 on line 4, it is unclear whether the applicant is positively reciting the supplies and tools as part of the kit. If being positively claimed (as claim 2 appears to be doing), the word “the” needs to be removed from “the supplies and tools” on line 4 or a proper introduction needs to be done elsewhere prior to this recitation. If not intending to positively claim “the supplies and tools”, applicant should rephrase the statement.
With respect to claim 1, applicant believes “and wherein the inner loadout storage roll is removable from the outer storage shell and configured to be unrolled to provide access to the stored supplies and tools” overcomes the prior art. However, the combination of Faz and Saptya meet the claimed limitation. Faz alone is a storage device that is intended to be rolled and unrolled to access stored items and therefore meets the second part of the amendments. Saptya teaches of an outer shell that stores storage devices, the storage device being detachably attached via fasteners, therefore enabling removability. Even Saptya teaches of storage devices that are convertible structures (26 in figures 2A and 5) or collapsed/folded structures (see figure 6 and 6A). The present invention describes the roll as being folded. The combination of Saptya and Faz allows for an outer shell that enables storage and portability of multiple of the storage devices of Faz.
Applicant states “claim 1 requires the inner loadout storage roll be removably secured within the outer storage shell for transport and thereafter removed from the shell and unrolled to provide access to the stored supplies and tools” (page 11 of response). This is language is directed towards method and this exact language is not used in the claims. Instead the claims are directed at a product structure, and the structure of the combination of Faz and Saptya allow for the stated functionality. Further, both prior arts teach of collapsible storage devices.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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.
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/SYMREN K SANGHERA/Examiner, Art Unit 3735
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