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 10/15/2025 has been entered. Claims 1 and 4-11 remain pending. Claims 1 and 10 are amended.
Response to Arguments
Applicant's arguments, page 3-4, filed 10/15/2025 have been fully considered but they are not persuasive.
Applicant argues because the specific composition of (ET1-3) and (ET1-4) from the Instant Claim 1 are not specific examples in Kobayashi they are not prima facie obvious. Examiner disagrees, had Kobayashi disclosed the specific compositions (ET1-3) and (ET1-4) as well, claim 1 would be anticipated However, with the disclosed general formula (ET1), and the specific examples teaching several variations having 2 R groups which are chlorine atoms, the claimed composition (ET1-3) and (ET1-4) are rendered prima facie obvious.
Applicant's arguments, page 4-5, filed 10/15/2025 have been fully considered but they are not persuasive.
Applicant argues the scope of ETM10 and ETM 14 of Azuma is enormous, and the specific combination of electron transport materials (ET1-4) with (ET2) in claim 6 would not be obvious to a person of ordinary skill in the art. Examiner disagrees, as noted above (ET1-4) would be obvious to one of skill in the art in view of general formula (ET1) and the specific example of Kobayashi. Furthermore, Azuma is relied upon to teach that an electron transport material, such as those in Kobayashi, can be combined with a naphthalenetetracaboxdiimide compound such as (ETM14). While (ETM14) of Azuma is broad and embraces a vast number of compounds, so is the compound (ET2) of the Instant Claim 6. Therefore claim 6 would be obvious to one of skill in the art when considering Kobayashi in view of Azuma.
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, and 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi (WO 2019077706).
Regarding claims 1 and 4-5, Kobayashi discloses electrophotographic photoreceptors, including single layer and laminated positively charged photoreceptors, comprising a conductive substrate and a photosensitive layer(s) on the support ([0014]-[0017]). Kobayashi further discloses general formula (ET1), which has the same structure as the ETI claimed in the instant application, including the same definition of the R groups, with the exception of “at least two of R4 to R8 represent chlorine” ([0028]).
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Kobayashi further discloses (ET1-7), (ET1-8), (ET1-27), (ET1-40), (ET1-53), and (ET1-70) (page 9-13), which are identical to the claimed (ET1-1), (ET1-2), (ET1-6), (ET1-8), (ET1-10), and (ET1-12) of the Instant Application ([0030]-[0035]).
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While Kobayashi does not disclose compositions (ET1-3) and (ET1-4) of the Instant Claim 1, one of skill in art would recognize they are obvious configurations of the R groups of general formula (ET1) in view of the specific examples above. It is clear from the specific examples disclosed by Kobayashi that the number and position of chlorine atoms in the R4 to R8 groups cover a wide range of positions as well as examples with 1-3 chlorine atoms. According to the MPEP, “Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). (MPEP 2144.05 II A).
Kobayashi does not disclose the solubility of the azoquinone derivative in THF. However, the solubility SETM(THF) is a material property of the azoquinone derivative, and the Instant Specification notes both (ET1-4) and (ET1-3) have a solubility of 1g or less (Instant specification [0087], [0091]).
Regarding claim 7, Kobayashi discloses all limitations as set forth above. Kobayashi further discloses the electron transport material in the positively charged single layer and multilayer photoreceptors may be used alone or in combinations of two or more ([0059], [0064]). Kobayashi further discloses ET1-4, which is identical to the claimed (ET-1) of the instant application ([0030]).
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Regarding claim 8, Kobayashi discloses all limitations as set forth above. Kobayashi further discloses a multilayer positively charged photoreceptor, with a charge transport layer and a charge generation layer formed on the charge transport layer. The charge generation layer comprises the electron transport material ([0062]-[0064]).
Regarding claim 9, Kobayashi discloses all limitations as set forth above. Kobayashi further discloses a positively charged single layer photoreceptor, including a single layer photosensitive layer comprising the electron transport material ([0055], [0056]).
Regarding claim 10, Kobayashi discloses all limitations as set forth above. Kobayashi further discloses a method of manufacturing the positively charged photoreceptor by dip coating the conductive support to form the photosensitive layer ([0070])
Regarding claim 11, Kobayashi discloses all limitations as set forth above. Kobayashi further discloses the photoreceptor is used in an electrophotographic apparatus ([0011], [0071]-[0074], figure 2).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi (WO 2019077706) as applied to claim 5 above, and further in view of Azuma (JP 2004262813).
Regarding claim 6, Kobayashi discloses all limitations as set forth above. Kobayashi further discloses the electron transport material in the positively charged single layer and multilayer photoreceptors may be used alone or in combinations of two or more ([0059], [0064]). However Kobayashi does not disclose an electron transport material having structure represented by general formula (ET2).
Azuma teaches a similar electrophotographic photoreceptor, with improved sensitivity by incorporating a naphthalenetetracarboxylic acid diimide derivative in the photosensitive layer ([0021]). Azuma further teaches the naphthalenetetracarboxylic acid diimide derivative is blended with the electron transporting agent or agents, one or a mixture of two or more ([0069]). Azuma further teaches the electron transporting agents are selected from the group including ETM10 and ETM14 ([0066], [0068])
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Azuma further teaches Re25, Re26, Re40, and Re41 may each be a hydrogen , an alkyl group having 1-8 carbon atoms, or an aryl group having 12 or less carbon atoms; and Re27 comprises an alkyl group having 1-8 carbon atoms, an aryl group having 12 or less carbon atoms, a chlorine atom, or a nitro group, and a is 0-3. In other words ETM10 is nearly identical to formula (ET1) of Kobayashi, while ETM 14 covers the claimed ET2. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to produce the electrophotographic photoconductor of Kobayashi, with a mix of electron transport materials, as taught by Azuma, to improve the sensitivity of the photosensitive layer.
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