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 12/19/2025 has been entered. Claims 1-4 and 7-14 remain pending. Claims 1 and 8-14 are amended. Claims 16-18 have been added.
Response to Arguments
Applicant's arguments, see page 6-7, filed 12/19/2025 have been fully considered but they are not persuasive.
Applicant argues the amendment to claim 1 is reasonably commensurate in scope with Examples 1-7 of the present invention. Examiner disagrees, all the examples use the same block copolymer composition (α1), which is specifically a styrene-isoprene diblock and styrene-isoprene-styrene triblock copolymer. Therefore, it is unclear if the results would apply to any aromatic vinyl-conjugated diene block copolymer and aromatic vinyl-conjugated diene-aromatic vinyl block copolymer elastomer, such as a styrene-butadiene and vinyltoluene-pentadiene-styrene. Examiner notes amending claim 1 to state “a styrene-isoprene block copolymer and a styrene-isoprene-styrene block copolymer” would make the claim commensurate in scope.
Applicant’s arguments, see page 7-8, filed 12/19/2025, with respect to the rejection(s) of claims 1-14 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Reuthe (US 20110106604) in view of Konnno (JP 2012163800), Young (US 20100248119), and Kodak (GB 1477504).
Applicant argues Reuthe and Konno fail to claim an aromatic vinyl thermoplastic elastomer and the binder as claimed in the amended claim 1. Examiner agrees, bringing Young from the previous rejection of claim 6 will cover the details of the thermoplastic elastomer, and Kodak teaches a fitting binder resin to cover the amended claim 1, as well as the added claims 15-18.
Applicant's arguments, see page 8-12, filed 12/19/2025 have been fully considered but they are not persuasive.
Applicant argues the Examples teach unexpectedly superior results when using a triester of glycerol in combination with the aromatic vinyl thermoplastic elastomer. Specifically that the claimed toner has excellent low temperature fixing properties, high storage stability, high hot offset resistance, and enables suppression of generation of ultrafine particles. Examiner agrees the data does show unexpectedly superior results. However, as noted above, the claims are not fully commensurate in scope with the Examples. Amending claim 1 to specify the aromatic vinyl thermoplastic elastomer comprises a styrene-isoprene block copolymer and a styrene-isoprene-styrene block copolymer would bring the claim in scope with the Examples.
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, 7-8, and 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over Reuthe (US 20110106604) in view of Konnno (JP 2012163800), Young (US 20100248119), and Kodak (GB 1477504).
Regarding claims 1-2, 7, and 16-18, Reuthe discloses a toner comprising a vinyl resin, a coloring agent, a release agent, and an external additive ([0008]-[0013], [0027]). Reuthe further discloses the release agent may be glycerol tribehenate ([0051]). Glycerol tribehenate possesses a molecular weight of 1059.8. However, Reuthe does not disclose an aromatic vinyl thermoplastic elastomer having a polymerizable unsaturated bond.
Konno teaches a toner including block copolymer K in the binder resin, with block copolymer K containing a styrene block and a conjugated diene block ([0012]). The conjugated diene may be isoprene ([0039]), which would result in a styrene-isoprene block copolymer, the same type of thermoplastic resin as the Instant Application (Instant Specification page 40-41). Konno further teaches when a block copolymer comprising a styrene block and a conjugated diene block is used in a toner, low temperature fixing, hot offset resistance, high image quality over time, and excellent durability may be achieved ([0016]). 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 Reuthe comprised a block copolymer with styrene and conjugated diene blocks, as taught by Konno, to improve low temperature fixing, hot offset resistance, prevent change in image quality over time, and improve durability. Konno further teaches the block copolymer may be an AB or ABA block copolymer. However, Konno does not teach a combination of the copolymers.
Young teaches a toner comprising a thermoplastic resin which may be selected from styrene block copolymers, including styrene-isoprene-styrene triblock copolymers and styrene-butadiene diblock copolymers, and may be used alone or in combinations of two or more ([0026]). Young further teaches including blends of the thermoplastic polymers in the toner results in desired properties including melt flow, hot and cold offset resistance, fusing temperature, additive compatibility, and triboelectric properties ([0046]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to use a blend of thermoplastic resins in the toner of Reuthe, as taught by Young, to adjust the toner properties including melt flow, hot/cold offset resistance, fusing temperature, additive compatibility, and triboelectric properties.
Kodak teaches a binder resin comprising for electrophotographic developing toner, comprising a fusible binder polymer which is crosslinked, which extends the useful fusing range by 10°C or more vs an uncrosslinked binder (page 2 line 16-24). Kodak further teaches binders which have been found especially useful comprise 40-90 % by weight styrene, 5-50% by weight lower alkyl (meth)acrylates, and 5-50% by weight higher alkyl (meth)acrylates, and 0.01-5% by weight crosslinking compounds (page 5 line 21 to page 6 line 23). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to use a crosslinked styrene-(meth)acrylic binder, as taught by Kodak, in the toner of Reuthe, to improve the fusing range of the toner.
Regarding claim 3, modified Reuthe discloses all limitations as set forth above. Konno further teaches the block copolymer is used in an amount of 1-20 parts by weight per 100 parts binder resin ([0052]).
Regarding claim 4, modified Reuthe discloses all limitations as set forth above. Reuthe further discloses the release agent is used in an amount of 1-30 mass% of the toner ([0052]).
Regarding claim 8, modified Reuthe discloses all limitations as set forth above. Konno further teaches the weight average molecular weight of the block copolymer is 20,000 to 1,500,000 ([0035]).
Regarding claim 10, modified Reuthe discloses all limitations as set forth above. Konno further teaches manufacturing of the vinyl block copolymer. Block copolymer K-2 is produced by reacting 50g of styrene in cyclohexane with n-butyllithium. After completion of the reaction of styrene 400g of isoprene is added, with the reaction of isoprene run to completion. After completion of the reaction of isoprene, an additional 50g of styrene is added and reacted, for a total of 400 parts isoprene and 100 parts styrene, aka 80% isoprene ([0073]). The instant application produces block copolymer (α1) by r3acting 1.7kg styrene in cyclohexane using n-butyllithium. The styrene conversion ratio is 100% by mass. Subsequently 6.03 kg of isoprene was added and reacted to a conversion ratio of 100%. Dimethyldichlorosilane is then added as a coupling agent. The instant specification uses 6.03 kg of isoprene and 1.7 kg styrene, aka 78% isoprene, possessing a vinyl bond content of 7 mol% (Instant Specification [0037]-[0039], [0130], Table 1). The method, materials and amounts used in Konno are sufficiently similar to the method of producing the vinyl copolymer in the Instant Specification, one of skill in the art would expect the block copolymer K-2 taught by Konno would inherently have a vinyl bond content within the claimed range of 1-20 mol%.
Regarding claims 11 and 12, modified Reuthe discloses all limitations as set forth above. Konno further teaches the weight average molecular weight of the styrene block, block A, of the copolymer is 9,000-120,000, and the weight average molecular weight of the conjugated diene block, block B, is 21,000-280,000 ([0034]).
Regarding claims 13 and 14, modified Reuthe discloses all limitations as set forth above. Konno further teaches the content ratio of block A, aka the styrene block, to block B, aka the conjugated diene block, in the block copolymer is in the range of 4/6 to 1/9 ([0033]).
Regarding claim 15, modified Reuthe discloses all limitations as set forth above. Kodak further teaches the preferred crosslinking compound is divinylbenzene (page 4 line 47-50).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Reuthe (US 20110106604) in view of Konnno (JP 2012163800), Young (US 20100248119), and Kodak (GB 1477504) as applied to claims 1 and 5 above, and further in view of Chamberlain (US 5679492).
Regarding claim 9, modified Reuthe discloses all limitations as set forth above. Reuthe does not disclose the melt index of the block copolymer.
Chamberlain teaches a developer comprising a toner with a low melt index thermoplastic resin and a higher melt index resin, the low melt index resin permits fusing at lower temperatures (Col 3 line 45-53). Chamberlain further teaches a low melt index is 50-800 (Col 4 line 52-63). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to ensure the thermoplastic resin of modified Reuthe possesses a melt index of 50-800, as taught by Chamberlain, to improve low temperature fixing of the toner.
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 CHARLES COLLINS SULLIVAN IV whose telephone number is (571)272-2208. The examiner can normally be reached M-F 8-4:30.
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/C.C.S./ Examiner, Art Unit 1737
/MARK F. HUFF/ Supervisory Patent Examiner, Art Unit 1737