DETAILED ACTION
Response to Arguments
Applicant’s arguments, see the Response, filed 02/17/2026, with respect to the previously applied prior art rejections under 35 USC 103 have been fully considered and are persuasive in light of the claim amendments. All of the rejections have been withdrawn.
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 .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4, 6-14 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura et al. (US PGP 2018/0059563) in view of Kanno et al. (US PGP 2020/0183295).
Nakamura teaches a toner comprising core particle coated with a resin shell ([0126-127]). The core particle is taught to include a crystallin polyester, an amorphous polyester, a colorant and an external additive ([0042-124]). The colorant is taught to be present in the toner in an amount of from 1 to 15% ([0117]). The crystalline resin is taught to form discrete domains within the core particles having a long axis domain diameter of 5 to 500 nm and preferably 10 to 300 nm ([0032]). The long axis diameter is understood to be equivalent to the Applicant’s longitudinal diameter recited in pending claim 3. The crystalline resins are taught to be polyester resins and do not possess a urethane or urea bond ([0096-112]). The colorant may be carbon black ([0114]). The amorphous polyester resin is taught to be a modified resin comprising a urea or urethane component ([0059-95]). Nakamura does not teach that a lamellar structure of the crystalline polyester resin is present within 50 nm of the surface layer of the shell and therefore it is understood to be absent. The amorphous polyester resin is taught to be synthesized from an alcohol component and carboxylic acid component wherein the alcohol component comprises a trivalent or higher alcohol ([0051-56]).
Nakamura further teaches a phase inversion process for forming the toner particles that reads on the method recited by the Applicant in pending claims 6-7 ([0203-207] and [0228-229]). The toner particles are further taught to be heated to a temperature of the glass transition temperature of the toner resin ([0211] and also [0257]). Nakamura further teaches the addition of a prepolymer to the W/O emulsion ([0060-69] and [0228-230]).
The toner taught by Nakamura is further taught to used in an image forming apparatus and image forming method utilizing said apparatus. The apparatus and method of Nakamura are taught to possess all of the limitations recited by the Applicant in pending claims 11-12 ([0272-312]). The toner is further taught to be stored in a toner cartridge ([0283]).
While Nakamura does not teach a compatibility between the amorphous polyester and the crystalline polyester resin in terms of the equation represented by the Applicant in pending claim 16, Nakamura does teach that the compatibility between the crystalline and amorphous polyester resins are a result effective variable. Specfically, Nakamura teaches that the compatibility can be tuned by performing an annealing process ([0253-257]). The annealing process is taught to drive the degree to which compatibilization of the amorphous and crystalline polyester resins proceeds thereby allowing for the prevention of toner filming ([0257]).
Kanno teaches a toner comprising core particles having crystalline polyester resin domains dispersed in an amorphous polyester matrix (Abstract). The crystalline polyester resin domains are further taught to have an aspect ratio of not more than 4 and a major axis length of 120 to 1000 nm ([0111-118]). This configuration ist aught to improve the low-temperature fixability and releasability during fixing of the toner ([0117]). As such, it would have been obvious to any person of ordinary skill in the art at the time of the effective filing date of the instant application to have perfected the compatability of the crystalline and amorphous polyester resins of Nakamura et al. in order to prevent toner filming during developing and to have imparted the crystalline polyester resin domains of Nakamura et al. with an aspect ratio within the range taught by Kanno et al. in order to optimize the low-temperature fixability and releasability during fixing of the toner.
Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over Nakamura et al. (US PGP 2018/0059563) in view of Kanno et al. (US PGP 2020/0183295) as applied to claims 1-4, 6-14 and 16-17 above, and further in view of WO 2018/135600 (henceforth WO ‘600).
The complete discussions of Nakamura and Kanno above are included herein. Nakamura does not teach a relationship between the acid values of the core and shell resins.
WO ‘600 teaches a toner comprising base (core) particles and with a resin shell affixed thereto. The acid value of the shell resin is taught to be higher than the acid value of the core resin in order to prevent shell particles from being buried in the core particles while also providing stability in water. These properties are taught to improve the blocking resistant and the adhesion of the shell particles to the core (see section “2.5 Composition of toner base particles” section of the provided translation). The elevated acid value is taught to be obtained by utilizing a trihydric or higher polyhydric alcohol (ibid). Therefore, it would have been obvious to any person of ordinary skill in the art at the time of the effective filing date of the instant application to have imparted the crystalline polyester resin domains in the toner of Nakamura with an aspect ratio within the range taught by Kanno and to have provided the core and shell binder resins with the acid value relationship taught by WO ‘600 by utilizing the polyhydric alcohols taught by WO ‘600 in the shell resin.
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Nakamura et al. (US PGP 2018/0059563) in view of Kanno et al. (US PGP 2020/0183295) as applied to claims 1-4, 6-14 and 16-17 above, and further in view of WO 2014/103961 (henceforth WO ‘961).
The complete discussions of Kanno and Nakamura above are included herein. Nakamura does not teach a suitable acid value for the shell resin.
WO ‘961 teaches a toner having a core covered with an amorphous shell resin. The shell is further taught to have an acid value of 10 to 40 mgKOH/g. Furthermore, it is taught that when the shell has an acid value within this range excellent charging characteristics, particularly environmental characteristics, are achieved (see Description of Embodiments section of the provided translation). The core toner particles are further taught to have a sea-island structure comprising domains (islands) of crystalline resin with an equivalent circle diameter of as low as 30 nm (ibid). This is taught to result in excellent fixing strength. Therefore, it would have been obvious to any person of ordinary skill in the art at the time of the effective filing date of the instant application to have produced the toner of Nakamura with an aspect ratio within the range taught by Kanno and to have imparted the shell layer of said toner with an acid value within the range taught by WO ‘961.
Conclusion
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/PETER L VAJDA/ Primary Examiner, Art Unit 1737 03/11/2026