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 action is in response to applicants’ amendment of 30 December 2025. The substitute specification has been entered and overcome the objections to the disclosure and specification. The amendments to the claims have overcome the 35 USC 112(a) rejection, the 35 USC 112(b) rejection over claim 9, the 35 USC 112(b) rejection as to the missing 20-50 wt% of the composition, the 35 USC 112(b) rejection over claim 7 as to what is being crosslinked and the art rejection. Upon reconsideration, the 35 USC 112(b) rejection as to how to distinguish the polymer from the polymer matrix when they are the same is withdrawn. A new ground(s) of rejection is made in view of U.S. patent 6,431,236.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Interpretation
The composition of claim 1 is being interpreted as being directed to a polymeric composition comprising about 20-76 wt% of a photoluminescent pigment having a particles size of 30 microns or less, about 0.1-1.6 wt% of wax and/or oil and about 22.4-79.9 wt% of a polymer, wherein about 2.5 to 100 wt% of the polymer is an elastomer or an elastomer precursor chosen from a fluorinated polymer from the FKM family, silicones, ethylene propylene rubbers and acrylic elastomers. The composition of claim 6 is being interpreted as being directed to a polymeric composition comprising about 24-57 wt% of a photoluminescent pigment having a particles size of 30 microns or less, about 0.13-1.1 wt% of wax and/or oil and about 41.9-75.88 wt% of a polymer, wherein about 1.9 to 100 wt% of the polymer is an elastomer or an elastomer precursor chosen from a fluorinated polymer from the FKM family, silicones, ethylene propylene rubbers and acrylic elastomers. These amounts are calculated by determining the amount of the pigment, polymer matrix and wax and/or oil in the composition by multiplying the amounts in the master mixture by the percentage the master mixture makes up the composition.
Claim Rejections - 35 USC § 103
Claims 1, 4 and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. patent 6,431,236.
This reference teaches a photoluminescent rubber composition comprising 100 parts of at least one synthetic rubber and 5-100 parts of a strontium and calcium aluminate long afterglow phosphorescent substance having a particle size of 1-100 microns, wherein the composition is crosslinked. This phosphorescent substance is a photoluminescent pigment having a size range which overlaps that in claim 1. Product claims with numerical ranges which overlap prior art ranges were held to have been obvious under 35 USC 103. In re Wertheim 191 USPQ 90 (CCPA 1976); In re Malagari 182 USPQ 549 (CCPA 1974); In re Fields 134 USPQ 242 (CCPA 1962); In re Nehrenberg 126 USPQ 383 (CCPA 1960). Also see MPEP 2144.05. The synthetic rubber can be an ethylene-propylene rubber or a vinylidene fluoride rubber, which is the FKM family of rubbers. The taught rubbers can be crosslinked by a mixture of organic peroxide, which reads upon the claimed crosslinking system comprising an organic peroxide and crosslinking co-agent and it is well understood in the art hat the crosslinking agent must have been is added to a mixture of the pigment and rubber precursors. The examples teach that about 0.5 wt% stearic acid or about 1.8 wt% of a mixture of stearic acid and zinc stearate can be added to the taught composition. Stearic acid and zinc stearate, which are both waxes, are both known in the tire art as lubricating additives conventionally added to tire compositions. The calculated weight percentages of these materials is about 4.8-50 wt% photoluminescent pigment and about 50-95.2 of at least one synthetic rubber. This suggested composition in combination with the teachings in the examples of adding 0.5 wt% or 1.8 wt% of the conventional lubricating additives of stearic acid or stearic acid and zinc stearate to the taught composition suggests the claimed composition in that the taught suggests amounts overlap the claimed calculated amounts of pigment and both the polymer and polymer matrix, when they are the same compound of claims 1 and 6. The reference suggests the claimed polymeric composition.
Allowable Subject Matter
Claim 9 is allowed.
Claims 3, 5 and 8 are 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.
There is no teaching or suggestion in the cited art of record of producing a photoluminescent horological component by the claimed process. There is no teaching or suggestion in the cited art of record of a horological or jewelry component comprising a polymeric composition comprising about 20-76 wt% of a photoluminescent pigment having a particles size of 30 microns or less, about 0.1-1.6 wt% of wax and/or oil and about 22.4-79.9 wt% of a polymer, wherein about 2.5 to 100 wt% of the polymer is an elastomer or an elastomer precursor chosen from a fluorinated polymer from the FKM family, silicones, ethylene propylene rubbers and acrylic elastomers. There is no teaching or suggestion in the cited art of record of a polymeric composition comprising about 20-76 wt% of a photoluminescent pigment having a particles size of 30 microns or less, about 0.1-1.6 wt% of wax and/or oil, about 0.05-1.6 wt% of a chromophore and/or fluorochromes and about 22.4-79.9 wt% of a polymer, wherein about 2.5 to 100 wt% of the polymer is an elastomer or an elastomer precursor chosen from a fluorinated polymer from the FKM family, silicones, ethylene propylene rubbers and acrylic elastomers. There is no teaching or suggestion in the cited art of record of a crosslinking agent free polymeric composition comprising about 20-76 wt% of a photoluminescent pigment having a particles size of 30 microns or less, about 0.1-1.6 wt% of wax and/or oil and about 22.4-79.9 wt% of a polymer, wherein about 2.5 to 100 wt% of the polymer is an elastomer or an elastomer precursor chosen from a fluorinated polymer from the FKM family, silicones, ethylene propylene rubbers and acrylic elastomers.
Conclusion
Applicant's submission of an information disclosure statement under 37 CFR 1.97(c) with the timing fee set forth in 37 CFR 1.17(p) on 11 November 2025 prompted the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 609.04(b). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to C. MELISSA KOSLOW whose telephone number is (571)272-1371. The examiner can normally be reached Mon-Tues:7:45-3:45 EST;Thurs-Fri:6:30-2:00EST; and Wed:7:45-2:00EST.
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/C Melissa Koslow/Primary Examiner, Art Unit 1734
cmk
2/13/26