DETAILED ACTION
Response to Arguments
Applicant's arguments filed 2/5/2026 have been fully considered but they are not persuasive. Applicant argues that the amount of bireactive compound claimed in the instant claim 11 is 25% to 40% by mass relative to the whole amount of the raw monomer material of the styrene-acrylic resin, which distinguishes it from the 1% to 20% by mass taught by Hirano. Further, that there is no teaching or suggestion by Hirano to arrive to the claimed range by routine optimization.
While Hirano teaches that the bireactive monomer should be present in an amount of 1% to 20% by mass relative to all the monomers of the styrene-acrylic resin, there is nothing to suggest that a greater amount of bireactive monomer would hinder the resulting resin. As the bireactive monomer is effective for improving the low-temperature fixability of the toner, it would be obvious to a person of ordinary skill in the art to optimize this amount. Further, as the claims are directed toward a process as opposed to a product, changing the amount of a reactant does not fundamentally change the method. The method steps are taught in Watanabe, including the addition of the bireactive compound, although in a lesser amount than the claimed range. It would be obvious to a person of ordinary skill in the art that the amounts of reactants in a method may be changed to suit the needs of the final product.
To overcome this rejection Applicant may supply data that shows unexpectedly superior results. Based on the examples of the instant application, the content of the bireactive compound at 7% and 14% produces equal results to a content of between 26% and 31%. However, there may be some intended benefit that the examiner has not seen.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 3, 5-12, 14-17, and 21-28 are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe (Japanese Patent Application Publication No. 2018-010124) in view of Hirano (US Patent No. 9,703,220) in further view of Kajino (Canadian Patent Application Publication No. 2213061) in further view of Sekiguchi (Japanese Patent Application Publication No. 2013-228732) and considered with Okita (US Patent Application Publication No. 2018-0203371) and Uchinokura (US Patent Application Publication No. 2013-0130171).
Watanabe teaches a method for producing a hybrid resin for a toner wherein a vinyl polymer (styrene-acrylic resin) unit and a polyester polymer unit are polymerized independently, and then the polymer units are covalently bonded together in a polymerization reaction via a bireactive monomer contained in the vinyl polymer ([0076], method iii). The polymerization of the vinyl monomers is carried out in the absence of the polyester unit and raw materials thereof ([0048]), and as method iii produces the vinyl and polyester segments independently, the polyester reaction is carried out in the absence of the vinyl resin and monomers thereof ([0076]). The polymerization of the vinyl polymer is preferably bulk polymerization ([0048]). The polyester resin may be produced by a condensation reaction ([0075]). The hybrid resin contains preferably 60 mass% or more of the polyester unit ([0030]), and the exemplary hybrid resins have a mass ratio of the polyester resin/vinyl resin of 70/30 ([0148]). A hydroxyl value of the polyester resin is not disclosed, but it would fall in the range of 20 to 80 mgKOH/g based on Okita. The polyester resins of Watanabe and Okita are comprised of bisphenol A, terephthalic acid, trimellitic acid, and fumaric acid (Watanabe [0148], Okita Table 2), and as such they would be expected to possess the same properties. The hydroxyl values of the non-crystalline polyester resins of Okita are 20 to 50 mgKOH/g, and resin 4, which is most similar to the resin of Watanabe, has a hydroxyl value of 50 mgKOH/g (Table 2).
Watanabe teaches the use of a bireactive monomer as part of the vinyl resin, but does not specify a preferred amount of the bireactive monomer. Hirano teaches a styrene-acrylic modified polyester resin (Col. 12, line 16) wherein the bireactive monomer is used in an amount of 1 to 20 mass% relative to the total amount of monomers in the styrene-acrylic segment in order to improve the low temperature fixability (Col. 13, line 56-61). As the bireactive monomer is effective for improving the low-temperature fixability of the toner, it would be obvious to a person of ordinary skill in the art to optimize this amount and arrive at an amount in the range of 25% to 40%. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vinyl polymer of Watanabe to have included the bireactive monomer in an amount of 25 to 40 mass% in order to improve the low temperature fixability.
Watanabe discloses a method of bulk polymerization for the vinyl polymer, but is silent regarding the polymerization being done absent a catalyst and at a temperature not lower than 160°C. Kajino teaches a process for producing a toner that includes a solventless resin (Abstract). The solventless resin is a styrene resin (Pg 14, line 21-22) produced by bulk polymerization (Pg 15, line 15). The polymerization is carried out in the absence of a solvent (Pg 15, line 16-18) and at a particularly preferable temperature of 170 to 250°C (Pg 16, line 1-2). The polymerization initiator is used in an amount of 0 to 5% by weight, and preferably not more than 1% (Pg 16, line 16-18). This process is favorable in order to easily produce a polymer at a desired molecular weight, wherein the reaction is not too slow and the resin retains preservability (Pg 16, line 4-9). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bulk polymerization method of the vinyl polymer of Watanabe to have included the amount of catalyst and temperature of Kajino in order to produce a polymer at a desired molecular weight, wherein the reaction is not too slow and the resin retains preservability.
Watanabe is silent regarding properties of the vinyl polymer such as acid value, glass transition temperature, and softening temperature. However, Sekiguchi teaches a styrene-acrylic resin with an acid value of 35 to 80 mgKOH/g and a glass transition temperature of 40 to 100°C ([0011]). These properties in the styrene-acrylic resin are preferable because it allows for improved adhesiveness of the toner to paper, and fixability ([0022]). Exemplary Toner f has a styrene-acrylic resin with an acid value of 80 mgKOH/g ([0208]). The glass transition temperature and softening temperature of the resin are not specified, however, Uchinokura teaches similar styrene-acrylic resins. The resins are comprised of ELEMINOL RS-30 (Sanyo Chemical), styrene, methacrylic acid, and butyl acrylate (Sekiguchi [0194],[0208], Uchinokura [0268] line 1-6), and as such they would be expected to have similar properties. Uchinokura discloses flow beginning temperatures (Tfb) of the resin, which is a comparable measurement to the softening point, as each measurement is the temperature at which the resin begins to flow. The exemplary styrene acrylic resins have glass transition temperatures from 45.0 to 65.1°C, and flow beginning temperatures from 115.2 to 164.4°C (Table 2-1). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the binder resin of Watanabe to have included the properties of glass transition temperature, softening temperature, and acid value of the styrene-acrylic resin of Sekiguchi in order to improve the adhesiveness of the toner to the paper, and the fixability.
Watanabe is silent regarding an acid value for the hybrid resin, however, the modified binder resin of Watanabe and Sekiguchi would be expected to have an acid value in the range of 20 to 50 mgKOH/g. Since the acid value of the styrene acrylic segment and the hydroxyl value of the polyester segment are within the claimed limitations, and the values are similar to those of the exemplary toners of the instant application, it would be expected that the resin resulting from bonding the 2 segments together would fall withing the claimed range.
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.
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/J.K./Examiner, Art Unit 1734
/PETER L VAJDA/Primary Examiner, Art Unit 1737 04/02/2026
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