Response to Amendment
This action is in response to applicants’ amendment of 25 June 2026. The amendments to the claims have overcome the objections to claims 25 and 37; the 35 USC 112(a) rejection and the art rejections. However, a new grounds of rejection is made in view of the amendments to the claims.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Election/Restrictions
Claims 30-36 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 14 January 2025.
Claim Interpretation
It is noted that claim 29 is fully supported by the originally filed disclosure and is not indefinite since there are luminescent germanates doped with about 0.1-30% of at least one metal or rare earth element known in the art which are persistent luminescent materials.
Claim Objections
Claim 25 is objected to because of the following informalities: Line 6 of this claim states “nanoparticles, nanoparticles, La2O3 nanoparticles, Nd2O3 nanoparticles, and Lu2O3”. The type of nanoparticle for the second nanoparticle is missing. In addition, the “and” in this line is unnecessary as being redundant since the last line of the claim states “and combinations thereof”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claim 25 is 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.
This claim, which depends from claim 21, teaches the textile article comprising a luminescent nanoparticle selected from the list, set forth in the claim. It is unclear if these luminescent nanoparticles are the luminescent of claim 21, which are present in and/or on a fiber or yarn of the textile article or if they are different luminescent nanoparticles from those in claim 21 and are present in and/or on a fiber or yarn of the textile article. The fact that the claimed list includes La2O3; LaAlO3, a lanthanum aluminate; and Bi4Ge3O12, a germanate, which are several of those taught in claim 21, also makes it confusing as to whether the luminescent nanoparticle in this are different from those in claim 21. If the claimed luminescent nanoparticles not present in and/or on a fiber or yarn of the textile article, it is unclear where these nanoparticles are present in the claimed textile article.
Allowable Subject Matter
Claims 21, 24, 26-29 and 37 are allowed.
There is no teaching or suggestion in the art of record of a textile article comprising a fiber or yarn, wherein the fiber or yarn comprises polymeric coated luminescent nanoparticles, the luminescent nanoparticles are doped with about 0.01-30% of at least one metal or rare earth element and the luminescent nanoparticles are selected from the group consisting of La2O3 nanoparticles, lanthanum aluminate nanoparticles or germanate nanoparticles.
There is no teaching or suggestion in the art of record of an article selected from the group consisting of a fiber, a yarn, metal, plastic and composite, comprising polymeric coated luminescent nanoparticles, the luminescent nanoparticles are doped with about 0.01-30% of at least two or more dopants selected from the group consisting of Ho, Eu, Yb, Nd and Mg and the luminescent nanoparticles are selected from the group consisting of La2O3 nanoparticles, lanthanum aluminate nanoparticles or germanate nanoparticles.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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
7/23/26
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