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 Arguments
Applicant’s arguments, see the Response, filed 12/5/2025, with respect to the rejection of claims 1-4, 6-8, 10-11 and 13 under 35 U.S.C. 102(a)(1) 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 Therefore, the rejection has been withdrawn.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 below.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakatani (US PGP 2017-0115584).
Nakatani teaches a toner comprising an external additive and colored resin particles comprising a binder resin, a colorant, and a charge control agent (Abstract). The toner also includes a softening agent such as an ester wax ([0053]). Exemplary Yellow Toner Y1 comprises styrene, n-butyl acrylate, a polymethacrylic acid ester macromonomer, divinylbenzene, a molecular weight modifier, and C.I. pigment yellow 155 as the only colorant ([0153]). C.I. pigment yellow is a disazo-based pigment containing no chlorine atom. The content of the pigment is 7 parts to 100 parts of the polymerizable monomers.
Nakatani is silent regarding most properties of the toner, however, this toner is similar to the exemplary toners in Table 1 of the instant application, and therefore would be expected to have similar properties. Both examples contain the same major components in the core and a shell layer of methyl methacrylate ([0156]). The weight average molecular weight of the polymer contained in the binder resin would fall between 3.00x105 and 7.00x105. The glass transition temperature would be between 45°C and 100°C. The softening temperature (T1/2) would fall between 154°C and 220°C. The viscoelastic measurements of the loss tangent of the toner at each temperature would be similar and so the toner would satisfy Formula (I-1) and (I-2), the loss tangent at the glass transition temperature would be less than 1.870, the loss tangent at 100°C would be between 0.800 and 1.100, and the loss tangent at 130°C would be between 0.800 and 1.280.
Claims 7, 8, 10, 11, 13, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (WIPO Publication 2010-013923).
Kim teaches a toner comprising colored resin particles and an external additive ([34]). The colored resin particles may contain a binder resin ([7] polymer latex), a colorant ([29]), a softening agent and charge control agent ([18]). The colorant is used in an amount of 3 to 15 parts based on 100 parts of the binder resin ([29]). Exemplary toners 1 and 2 contain styrene, and butyl acrylate, and do not contain a crosslinking agent ([39]). Styrene is contained in an amount of 122.8g and butyl acrylate is contained in an amount of 45.6g, therefore the ratio of styrene: (meth)acrylic acid ester (butyl acrylate) is (122.8/168.4) : (45.6/168.4), or 73:27. The weight average molecular weight of the resin is 45,000, or 4.5x104 (line 17). The colorant is phthalocyanine-based pigment P.B. 15:3 ([42]).
Kim is silent regarding most properties of the toner, but based on the composition of the binder resin the properties would be expected to be similar to those of the instant application. As presented on pages 11 and 12 of the Response, the ratio of styrene to acrylic acid esters and the presence of a molecular weight modifier effects the temperature-tanδ curve of the toner, the softening temperature, and the apparent glass transition temperature. Therefore, since the toner of Kim has a ratio of styrene: butyl acrylate of 73:27 and a molecular weight modifier to bring the molecular weight to 4.5x104, the formulae (II-1) and (II-2) would be expected to be satisfied, the glass transition temperature would be expected to be in the range of 45°C to 100°C, the softening temperature would be expected to be in the range of 124°C to 159°C, the apparent glass transition temperature would be expected to be n the range of 68°C to 74°C, a heat generation starting temperature would be expected to be in the range of 50°C to 62°C, (tanδ) at Tg would be expected to less than 2.410, (tanδ) at 100°C would be expected to be in the range of 0.900 to 1.400, and (tanδ) at 130°C would be expected to be in the range of 1.000 to 2.500.
Conclusion
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/J.K./Examiner, Art Unit 1734
/PETER L VAJDA/Primary Examiner, Art Unit 1737 01/05/2026