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 .
Response to Amendment
The amendment filed 1/28/2026 has been entered. Claims 1, 4-7, and 11-13 remain pending. Claim 1 has been amended. Claims 3, 8-10, 14, and 16 have been cancelled.
Response to Arguments
Applicant’s arguments, see page 6-8, filed 1/28/2026, with respect to the rejections of claims 1, 3-14, and 16 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Emoto (JP 2006259359) in view of Mochizuki (US 20170269488).
Applicant argues a toner using prepolymer 1 of Emoto, which is produced using γ-isocyanatopropyltriethoxysilane, would not meet the limitations of the amended claim 1 of the Instant Application. Examiner agrees, the resin of prepolymer 1 in Emoto would not be expected to meet all the limitations of amended claim 1, specifically the linking group would not meet formula (2). In view of the Instant Examples in Table 1 and 2 from the Instant Specification suggests γ-isocyanatopropyltriethoxysilane would result in a linking group L1 of formula (3). However, Emoto further discloses prepolymer 2, a polyester reacted with γ-aminopropyltrimethoxysilane, which one of skill in the art would expect to result in a linking group meeting formula L1, matching linking group of resins A-1 to A-6, and A-9 to A-17, which all are produced using 3-aminopropyl based silanes, and all possess a linking group L1 of formula (2). Furthermore, γ-aminopropyltrimethoxysilane would be expected to meet point (2), as the trimethoxy part of the silane would be expected to result in R1-R3 each being a methoxy R group.
Applicant's arguments, see page 6-7, filed 1/28/2026 have been fully considered but they are not persuasive.
Applicant argues the toner of claim produce unexpectedly superior results. Examiner disagrees, the Examples which meet the limitations of claim 1 include ratings ranging from A to C in view of Fixing, Flowability, Dot Reproducibility , and Environmental Stability, while the Examples which do not meet the limitations of claim 1 possess at least one rating of B or lower. Specifically, Examples 3-4 do not meet the limitations of claim 1, but are rated A for all measurements, except a B for flowability. Examples 35 and 41 both meet all limitations of claim 1 and have B/C ratings for flowability, and C ratings for environmental stability.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 4-5, 7, and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Emoto (JP 2006259359) in view of Mochizuki (US 20170269488).
Regarding claims 1 and 4, Emoto discloses a toner comprising a binder resin, part of which is contains a hydrolysable silyl group meeting formula (1), and a release agent [0013]. The toner may further contain a fatty acid salt as a cleaning agent.
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Emoto further discloses manufacture of prepolymer 2, by reacting an intermediate polyester with γ-aminopropyltrimethoxysilane ([0087]). One of skill in the art would expect prepolymer 2 to possess a linking group represented by formula (2) of the instant claim, as well as a R1-R3 all being methoxy groups. Emoto further discloses production of the masterbatch and oil phase using polyester resins, with the prepolymer added to the oil phase before phase inversion and solvent removal ([0091]-[0093]). Therefore the toner includes a binder resin separate from the silyl group containing resin.
Regarding the silicon atom content of the silyl group containing resin, prepolymer 2 is produced using 100g of prepolymer precursor and 13.4g of γ-aminopropyltrimethoxysilane ([0087]). γ-aminopropyltrimethoxysilane comprises 1 silicon atom per mol, and has an atomic weight of 179.29g/m. silicon has an atomic mass of 28.09 g/m. Therefore, γ-aminopropyltrimethoxysilane is 28.09/179.29 = 15.67% silicon by mass. Therefore, in the 113.4g of prepolymer 2, there is 13.4*15.67% = 2.1g of silicon, bringing the silicon atom mass% to 2.1/113.4 = 1.85 mass%.
Emoto further discloses the release agent is a wax, with a melting point preferably 60-90°C ([0054]). Emoto further discloses the wax content of the toner is 0-40% by weight ([0054]). Emoto further discloses the ratio of silyl containing resin to non-modified resin is 5/95 to 50/50, and molecular weight of the silyl group containing polymer is 1,000-1,000,000 ([0014]). The toner further contains 1-15% by weight colorant ([0050]), and 0.01-2% by weight of fine particles ([0057]). However, Emoto does not specifically disclose a fatty acid metal salt of a C8-22 fatty acid.
Mochizuki teaches a similar toner comprising a resin having an ionic functional group and a fatty acid metal salt mixed in the toner particles ([0012]). The toner further comprises a wax as the release agent ([0073]), and the fatty acid metal salt used in the vast majority of the examples is aluminum stearate (Table 3 page 15-16). Mochizuki further teaches the fatty acid metal salt adsorbs onto the ionic functional group and improves the charge generation and accumulation of the toner ([0034]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to ensure the toner of Emoto included a fatty acid metal salt such as aluminum stearate, as taught by Mochizuki, to improve charge generation and charge accumulation. Mochizuki further teaches the amount of ionic functional group, X, is 0.1-5 parts per 100 parts binder resin, and the amount of fatty acid metal salt, Y, is equal to 0.3X ([0041]). In other words, the amount of fatty acid metal salt ranges from 0.3*0.1 to 3*5, or 0.03-15 parts per 100 parts binder.
Therefore, the binder resin of modified Emoto ranges from 100-(15+40+15+5) to 100-(1+0+0.03+0.01), or 25-98.96% of the toner, resulting in a silyl containing resin content of 25*5% to 98.96*50%, or 1.25-49.48% by weight of the toner. Also the fatty acid metal salt is therefore 0.03/100*25 to 15/100*85 (while the maximum amount of binder in the toner is 98.96%, this is only if the metal salt is 0.03 parts per 100 parts binder), resulting in a fatty acid metal salt content of 0.0075 to 12.75 mass% of the toner. Therefore, a ratio of fatty acid metal salt, B, to wax content, A, would be 0.0075/40 to 12.75/0, or 0.0001875 to ∞. And a ratio of the fatty acid metal salt, B, to the silyl containing reins, C, is 0.0075/49.48 to 12.75/1.25, or 0.0001516 to 0.2.
Regarding claims 5 and 7 modified Emoto discloses all limitations as set forth above. Emoto further discloses the toner comprises a binder resin which contains non-modified polyester, and the ratio of non-modified polyester to silyl group containing polyester is 50/50 to 95/5 ([0014], [0043).
Regarding claim 11, modified Emoto discloses all limitations as set forth above. The molar amounts of silicon atoms and fatty acid metal salt in the toner can be calculated using the mass% detailed above, and the molar mass of the specific materials. As noted above, the polymer comprises 1.85% by mass of silicon, with silicon having a molar mass of 28. Mochizuki teaches aluminum stearate as the primary usable fatty acid salt (Table 3 page 15-16, which has a molar mass of 877.4. the molar amounts for 100g of toner can be calculate using the content of the resin containing a silyl group, mass% as calculate above1.25-49.48% by mass and the amount of 0.03-15% by mass fatty acid.
At 1.25% by mass silyl group resin, 100g of toner contains 1.85%*1.25, or 0.023g silicon, which is 0.000821 mol Si.
At 49.48% by mass silyl group resin, 100g of toner contains 1.85%*49.48, or 0.915g silicon, which is 0.0327 mol Si.
At 0.03% by mass aluminum stearate, 100g of toner contains 0.03g, or 0.000034 mol aluminum stearate
At 15% by mass aluminum stearate, 100g of toner contains 15g, or 0.0171 mol aluminum stearate.
Therefore, the ratio of E, mol Si, to F, mol Al Stearate (E/F) ranges from 0.000821/0.0171 to 0.0327/0.000034, or 0.048-961.8
Regarding claims 12-13, Emoto discloses all limitations as set forth above. Emoto further discloses the wax is selected from a group including trimethylolpropane tribehenate, pentaerythritol tetrabehenate, pentaerythritol diacetate dibehenate, glycerin tribehenate, 1,18-octadecanediol distearate, tristearyl trimellitate, and distearyl maleate ([0053]-[0054]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Emoto (JP 2006259359) in view of Mochizuki (US 20170269488) as applied to claim 1 above, and further in view of Gibson (GB 1525705).
Regarding claim 6, modified Emoto discloses all limitations as set forth above. Emoto further discloses an organic fine particle emulsion comprising a vinyl resin formed from styrene, methacrylic acid, and butyl acrylate, which is used to form the aqueous phase, making up part of the binder of Toners 1 and 2 ([0081], [0082], [0093], [0095]). Emoto further discloses specific examples of the silyl group containing polymer are not particularly limited ([0020]). However styrene-acrylic resin is not exemplified.
Gibson teaches a similar toner comprising a styrene methacrylic polymer as the binder with partial silylation of the styrene methacrylic polymer to control triboelectric charging properties (page 3 line 112-125). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to use the toner of Emoto with a silylated styrene-methacrylic polymer, as taught by Gibson, to control the triboelectric charging of the toner.
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 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.
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/C.C.S./Examiner, Art Unit 1737
/MARK F. HUFF/Supervisory Patent Examiner, Art Unit 1737
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